CELEX: 51983PC0430
Language: en
Date: 1983-07-08
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for wines of fresh grapes and grape must with fermentation arrested by the addition of alcohol, falling within heading No 22.05 of the Common Customs Tariff and originating entirely in Greece (1984) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 430
Vol. 1983/0162
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                              COM(83 ) 430 final
                                                                              Brussel, 8 July 1983
                                          P r o p o s a l for a
                                C O U N C I L R E G U L A T I O N (EEC)
       o p e n i n g , a l l o c a t i n g and p r o v i d i n g for the a d m i n i s t r a t i o n of
        a C o m m u n i t y t a r i f f quo ta for wines of fresh g ra pes and grape
        must with f e r m e n t a t i o n a r r e s t e d by the a d d i t i o n of alc ohol,
        f a l l i n g w i t h i n h e a d i n g No 22.05 of the C om mon C u s t o m s T a r i f f
                      and o r i g i n a t i n g e n t i r e l y in G r e e c e (1984)
                    (submitted to the Council by the Commission)
 COM(83) 430 final
 ---pagebreak---                                                                        if
                                              EXPLANAT ORY MEMORAND UM
1. In com plian ce with Art icles 25 and 64 of the Act of Acc ession (1),
   customs duties on imports between the Community as at present c on sti­
   t u t e d and the Hellenic Rep ublic            shall be p r o g ress ively abo lished in
   acc ordan ce with a t i m e t a 1 '.e which provides for a reduction of 60 % on
   1 J a n uary 1984 to be made on the basic duty, as defined in Art icle 24,
   namely, on the dut y a c t ually imposed on 1 July 1980.
   The basic duty in respect of wines originating ent irely in Greece
    is equivalent :
   - to 15 % of the duties inc luded in the Common Customs Tariff up to
       a maximum q u a n t i t y of 430 000 hectolitres as pro vided for in
        R e g ulati on (EEC) N° 2634/79 of 20 Nov ember 1979 (2) on the Community
        tariff quota o p e ned for 1980 ;
    - to the Common Cus toms Tar iff duties in respect of additional
        quantities.
    T h e r e f o r e as from 1 J a n u a r y 1984 the duties to be imposed in the Com munity
    as at present c o n s t i t u t e d on imports of wines ori ginating ent irely in
    G r e ece must be equ ivale nt to 40 % of the abo vemen tione d basic duties,
    namely, to 6 % of the Common Customs Tariff duty up to the m a x imum quantity
     of 430 000 h ec tolit res and to 40 % of the Common Customs Tar iff duty
     for the surplus quantities.
 2. Alt hough the Com mi s s i o n is of the opinion that it should not be n e c e ssar y
     to take strict m e a sures to prevent the possibil ity of this qua ntity of
     430 000 hec to l i t r e s being exceeded, it is nevertheless putting forward
     the sol ution a d o pted by the Council for 1981, 1982 and 1983, namely the
     ope ning of a Com munit y tariff quota in the Com munity of Nine with a
     volume of 430 000 hectolit res which, after con stitution of a Com munity
      reserve of 10 %, wou ld be shared among the Member States concerned
     acc ordin g to the per ce n t a g e s applied in 1981, 1982 and 1983.
      (1) 0J N° L 291, 19. 11.1979, p. 17.
      (2) 0J N° L 306, 3.1 2.197 9, p. 3.
 ---pagebreak---                                            Proposal     for   a
                                       COUNCIL REGULATION (EEC)
               opening, allocating and providing for the administration of a Community tariff quota for
               wines of fresh grapes and grape must with fermentation arrested by the addition of
               alcohol, falling within heading No 22.05 of the Common Customs Tariff and originating
                                                entirely in Greece (1 9 8 4 )
THE COUNCIL OF THE EUROPEAN                                     by allocating the Community tariff quota among the
COMMUNITIES,                                                     Member States; whereas, to reflect most accurately
                                                                 the actual development of the market in the products
Having regard to the 1979 Act of Accession, and in               concerned, such allocation should be in proportion to
particular Article 72 thereof,                                   the needs of the Member States, assessed by reference
                                                                 both to the statistics relating to imports from Greece
Having regard to the proposal from the Commission,               over a representative period, and to the economic
                                                                 outlook for the quota period concerned;
Whereas, pursuant to Articles 25 and 64 of the
abovementioned Act, customs duties on imports                     Whereas, on the basis of the statistics at present
between the Community of Nine and the Hellenic                    available, imports from Greece into the Community
Republic are to be progressively abolished in                     of Nine in 1980, 198 1 and 1982 of the product
accordance with a timetable which provides for a                  concerned have developed as follows and represent
reduction of 60 % as from 1 January 1984 to be                    the following percentages of total imports into the
made on the basic duty, as defined in Article 24 of               Community:
the said Act; whereas, for wines from fresh grapes
and grape must with fermentation arrested by the
addition of alcohol, falling within heading No 22.05
of the Common Customs Tariff and originating                               Member States         1980     1981     1982
 entirely in Greece, the customs duties applicable in
 the Community of Nine from 1 January 1984 will be                 Benelux                      29-81    29-18     9.93
 equivalent to the duties applied within the limits of             Denmark                       0-03     0-95     1 .19
 the tariff quota opened for 1980 by Regulation (EEC)              Germany                      57-51    59-26    75.47
 No 2634/79 (*), reduced by6Q %, up to a maximum                   France                        9-29     7-05     8.40
 quantity of 430 000 hectolitres and to 40 % of the                Ireland                       0-03     0-04     0.07
  Common Customs Tariff duty for the surplus                       Italy                          0-16     0-11    0.16
  quantities; whereas it is therefore necessary, in order          United Kingdom                 3-17     3-41     4 .7 8
  to determine the duty applicable on imports of such
  wines, to open for the products concerned, from
  1 January 1984, a Community tariff quota of
  430 000 hectolitres at the rates of duty shown in the            Whereas, taking into account these figures and the
  table appearing in Article 1;                                    foreseeable development of the market in the
                                                                   products concerned during 1984 the initial shares in
   Whereas it is in particular necessary to guarantee all          the volume of the quota may be fixed approximately
   importers of the Community of Nine equal and                    at the following percentages:
   uninterrupted access to the said quota and
   uninterrupted application of the rate laid down for                     Benelux                            62-91
   that quota to all imports into the said Community of                    Denmark                              0-52
   the products concerned until the quota has been used                    Germany                            29-35
   up; whereas, having regard to the above principles,                      France                              4-43
   the Community nature of the quota can be respected                       Ireland                             0-35
                                                                            Italy                               0-35
   (’) O J N o L 306, 3. 12. 1979, p. 6.                                    United Kingdom                      2-09
 ---pagebreak---       Whereas, ir, order to take into account the import                                  -Membcr-_State should return a certain proportion
___ -trends for the product concerned in the ^Member                                       thereof to the reserve, in order to avoid part of the
      States, the quota volume should be divided into two                                  Community quota remaining unused in one Member
      instalments, the first instalment being allocated                                    State when it could be used in others;
      among the Member Sates and the second forming a
      reserve intended ultimately to cover the requirements                                Whereas, since the Kingdom of Belgium, the
      of the Member States, should their initial share be                                  Kingdom of the Netherlands and the Grand Duchy
      used up; whereas, in order to ensure a certain degree                                of Luxembourg are united within and jointly
      of security to importers, the first instalment of the                                represented by the Benelux Economic Union, any
      Community quota should be determined at a                                            measure concerning the administration of the quota
     relatively high level, which under present circum­                                    shares allocated to that economic union may be
     stances could be 90 % of the quota volume;                                            carried out by any of its members,
     Whereas the initial shares may be used up fairly
     quickly; whereas, therefore, to avoid disruption of
     supplies, any Member State which has almost used up
     its initial share, should draw a supplementary share
     from the Community reserve; whereas this must be                                       HAS ADOPTED TH IS REGULATION:
     done by each Member State as each one of its sup­
     plementary shares is almost used up, and as many
                                                                                                                                    Article 1
     times as the reserve allows; whereas the initial and
     supplementary shares must be valid until the end of                                   1. From 1 January to 31 December 1984, a
     the quota period; whereas this form of administration                                 Community tariff quota of 430 000 hectolitres shall
     requires close collaboration between the Member                                       be opened in the Community of Nine, for wine of
     States and the Commission, and the Commission                                         fresh grapes and grape must with fermentation
     must be in a position to, follow the extent to which                                  arrested by the addition of alcohol with the exception
     the tariff quota has been used up and to inform the                                   of resinated wines (retsina), falling within heading No
     Member States thereof;                                                                22.05 of the Common Customs Tariff, originating
                                                                                           entirely in Greece.
    Whereas if, at a specified date in the quota period, a                                 2.        Within this tariff quota, the Common Customs
     considerable quantity of the initial quota share                                      Tariff duty shall be reduced to the levels indicated in
     remains in any Member State, is is essential that the                                 the table below:
           CCT                                                                                                                         NIMEXE
         heading                                          Description                                                                     code           Rate of duty
            No                                                                                                                           (1981)
          22.05       Wine of fresh grapes; grape must with fermentation arrested by the
                      addition of alcohol:
                      A.   Sparkling wine                                                                                            22.05-01, 09   2 • 4 ECU per hi
                      B. Wine in bottles with ‘mushroom’ stoppers held in place by ties or
                         fastenings, and wine otherwise put up with an excess pressure of not
                         iess than 1 bar but less than 3 bar, measured at a temperature of 20 °C .                                     22.05-15     2 ■ 4ECU per hi
                      C. Other
                           I.   O f an actual alcoholic strength by volume not exceeding 13 °, in
                              containers holding:
                              a) Two litres or less................................................................................  22.05-16, 17, ] • 8 ECU per hi (■)
                                                                                                                                         18, 19
                              b) More than two litres..........................................................................      22.05-20, 22, 0-6 ECU per hi (■)
                                                                                                                                         23, 24
     (') The exchange rate to be applied in converting into nac'onal currencies the ECU in which the customs duty is expressed shall
         be the representative rate applicable to wine, if such a rale is fixed for the purpose of the common agricultural policy.
 ---pagebreak---      □e c u                                                                                                                                   NIMEXE
     heading                                                   Description                                                                    _code              R ate of duty
                                                                                                                                                (1981)
      22.05       C.   II. O f an actual alcoholic strength by volume exceeding 13° but not
     (cant'd,              exceeding 15°, in containers holding:
                           a) Two litres or less           .............................................................................   22.05-      26, 27,
                                                                                                                                                            1 E C U per hl (')
                                                                                                                                                28, 29
                           b) More than two litres                .......................................................................   22.05-           GL7ECU per hl (')
                                                                                                                                                       32, 33,
                                                                                                                                                34. 36
                      III. O f an actual alcoholic strength by volume exceeding 15° but not
                           exceeding 18°, in containers holding:
                           a) Two litres or less:
                               2. O t h e r .............................................................................................     22.05-39     1 -2 ECU per lil (‘)
                           b) More than two litres:
                               3. O t h e r .............................................................................................     22.05-49     1    ECU per hl (')
                      IV. O f an actual alcoholic strength by volume exceeding 18° but not
                           exceeding 22°, in containers holding:
                           a) Two litres or less:
                               2. O t h e r .............................................................................................         . -
                                                                                                                                              2 2 0 5 54      1 -3 ECU per hl (1)
                           b) More than two litres:
                               3. O t h e r .............................................................................................      22.05-68       1 .3 ECU per hl (1)
                       V. O f an actual alcoholic strength by volume exceding 22°, in con­
                           tainers holding:
                           a) Two litres or less            .............................................................................      22.05-91           0    ECU
                                                                                                                                                                  per hl and
                                                                                                                                                                  per % vol       U. 7
                                                                                                                                                                   ECU per hl (')
                            b) More than two litres                .......................................................................     22.05-98           0    ECU
                                                                                                                                                                  per hl and
                                                                                                                                                                 per % vol (')
 (') The exchange rate to be applied in converting into national currencies the ECU in which the customs duty is expressed shall
      be the representative rate applicable to wine, if such a rate is fixed for the purpose of the common agricultural policy.
                             Article 2                                                                                                     Article 3
 1. The tariff quota referred to in Article 1 (1) shall                                           1.        If 90 % or more of any Member State’s initial
be divided into two instalments.                                                                 share, as laid down in Article 2 (2), or 90 % or more
                                                                                                 of that share less the amount returned to the reserve
2. A first instalment, amounting to 387 000                                                       where Article 5 has been applied, has been exhausted,
hectolitres, shall be shared among the Member States;                                             that Member State shall without delay, by notifying
the shares which, subject to Article 5, shall be valid                                            the Commission, draw a second share equal to 15 %
until 31 December 198^shall be as follows:                                                        of its initial share, rounded up to the next unit where
                                                        hectolitres                               appropriate, to the extent that the amount in the
          Benelux                                        234 450                                  reserve allows.
          Denmark                                             2.000
          Germany                                         113 600                                 2.        If, after its initial share has been exhausted,
          France                                            17 150                                90 % or more of the second share drawn by that
          Ireland                                              1 350                              Member State has been exhausted, it shall, in the
          Italy                                                1 350                              manner provided for in paragraph 1, draw a third
         United Kingdom                                       8 100                               share equal to 7 •5 % of its initial share.
3. The second instalment of 43 000 hectolitres shall                                              3.         If, after its second share has been exhausted,
constitute the reserve.                                                                           90 % or more of the third share drawn by that
 ---pagebreak---                                               - 4 -
 Member State has been used up, it shall, in the                                       Article 7
 manner provided for in paragraph 1, draw a fourth
share equal to the third.                                     The Commission shall keep account of the shares
                                                              opened by Member States in accordance with Articles
This process shall be applied until the reserve is            2 and 3 and shall inform each of them of the extent
 exhausted.                                                   to which the reserve has been used as soon as it
 4.     By way of derogation from paragraphs 1, 2 and         receives the notification.
 3, Member States may draw smaller shares than those          The Commission shall, not later than 5 October 1984
fixed in those paragraphs if there is reason to believe       notify the Member States of the state of the reserve
that those shares might not be used up, They shall            after the return of shares pursuant to Article 5.
inform the Commission of their reasons for applying
this paragraph.                                              The Commission shall ensure that any drawing which
                                                              uses up the reserve is limited to the balance available
                                                              and, for this purpose, shall specify the amount thereof
                         Article 4                           to the Member State which makes the final drawing.
Each of the additional shares drawn pursuant to                                        Article 8
Article 3 shall be valid until 31 December 198 4 .
                                                              1.    Member States shall take all measures necessary
                                                              to ensure that supplementary shares drawn pursuant
                         Article 5                            to Article 3 are opened in such a way that charges
                                                              may be made without interruption against their
 Member States shall return to the reserve, not later         combined shares of the Community quota.
 than 1 October 198''' the unused portion of their
 initial share which, on 15 September 1984, is in excess      2.    Member States shall ensure that importers of the
 of 20 % of the initial amount. They may return a             said products,                                 have free
 greater portion if there are grounds for believing that      access to the shares allocated to them or drawn from
 such portion may not be used in full.                        the reserve.
 The Member States shall, not later than 1 October            3. The extent to which a Member State has used
  1984, notify the Commission of the total imports of         up its share shall be determined on the basis of the
 the products concerned effected under and charged            imports of the products in question submitted to the
 against the Community quota up to and including             customs authorities under the cover of declarations
 15 September 198 4 and, where appropriate, of the           that they have been made available for free circu­
 proportion of their initial shares that they are             lation.
 returning to the reserve.                                                             Article 9
                                                              At the request of the Commission, Member States
                                                              shall inform it of imports of the products in question
                        Article 6                             actually charged against their shares.
The Member States shall be authorized to divide the
shares allocated to them or which they have drawn                                     Article 10
from the reserve into two pans, according to their            The Member States and the Commission shall
foreseeable use, reserving one part for wines intended        cooperate closely in order to ensure that this Regu­
for direct consumption and the other for wines                lation is complied with.
intended for processing.
                                                                                      Article 11
However, during the marketing year and according
to the actual needs which arise, they shall make the         This Regulation shall enter into force on 1 January
necessary adjustments to the original allocations.            198 4 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels,
                                                                                     For the Council
                                                                                       The President