CELEX: 31986R4119
Language: en
Date: 1986-12-22 00:00:00
Title: Council Regulation (EEC) No 4119/86 of 22 December 1986 opening, allocating and providing for the administration of a Community tariff quota for liqueur wines falling within subheading ex 22.05 C of the Common Customs Tariff and originating in Cyprus (1987)

No L 380 / 30                                  Official Journal of the European Communities                                   31 . 12 . 86
                                               COUNCIL REGULATION ( EEC ) No 4119 / 86
                                                             of 22 December 1986
                  opening, allocating and providing for the administration of a Community tariff quota for
                   liqueur wines falling within subheading ex 22.05 C of the Common Customs Tariff and
                                                         originating in Cyprus ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 Whereas , in the absence of a Protocol such as that provided
                                                                           for in Articles 179 and 366 of the Act of Accession of Spain
                                                                           and Portugal , the Community must take the measures
Having regard to the Treaty establishing the European                     referred to in Articles 180 and 367 of the said Act ; whereas
Economic Community , and in particular Article 113                         the tariff measure in question therefore applies to the
thereof,                                                                   Community of Ten ;
Having regard to the proposal from the Commission ,
                                                                           Whereas it is in particular necessary to ensure for all
Whereas the Supplementary Protocol to the Agreement                        Community importers equal and uninterrupted access to
establishing an Association between the European                           the abovementioned quota and uninterrupted application
Economic Community and Cyprus ( J ) came to an end on                      of the rates laid down for that quota to all imports of the
31 December 1980 ; whereas to avoid interruption of its                    products concerned into all Member States until the quota
trade relations with that country , the Community has made                 has been used up ; whereas , having regard to the above
applicable for 1984 the provisions of the abovementioned                   principles , the Community nature of the quota can be
Protocol in Council Regulation ( EEC ) No 3700 / 83 of                     respected by allocating the Community tariff quota among
22 December 1983 laying down the arrangements                              the Member States ; whereas , in order to reflect as
applicable to trade with Cyprus ( 2 );                                     accurately as possible the true trend of the market in the
                                                                           products in question , such allocation should be in
                                                                           proportion to the requirements of the Member States ,
Whereas , pending the definition of arrangements applicable                calculated by reference to the statistics for imports of the
beyond 31 December 1984 , it is necessary to extend                        products in question from Cyprus over a representative
provisionally for 1987 the arrangements which the                          reference period and also to the economic outlook for the
Community applies currently to trade with Cyprus on the                    quota period concerned ;
basis of the abovementioned Supplementary Protocol ;
Whereas the abovementioned Supplementary Protocol
provides for the opening of an annual Community tariff                     Whereas , however , neither Community nor national
quota of 250 000 hectolitres of liqueur wines , falling                    statistics showing the breakdown for the products in
                                                                           question are available and no reliable estimates of future
within subheading ex 22.05 C of the Common Customs
Tariff and originating in Cyprus , at rates of customs duty                imports can be made ; whereas , in these circumstances , the
                                                                           quota should be allocated in initial shares on the basis of
equal to 30% of the Common Customs Tariff; whereas
this Community tariff quota should be opened for the                       the likely demand for these products on the markets of the
                                                                           various Member States ;
period 1 January to 31 December 1987 ;
Whereas entry under the above Community tariff quota
must be conditional on the wines being described as                        Whereas , in order to take into account import trends for
'liqueur wines' in the V.I.I document or the V.I. 2 extract                the products concerned in the various Member States , the
provided for in Regulation ( EEC ) No 3590 / 85 ( 3 );                     quota volume should be divided into two instalments , the
                                                                           first being shared among the Member States and the second
Whereas the wines in question are subject to compliance                    constituting a reserve to cover at a later date the
with the free-at-frontier reference price ; whereas , in order             requirements of Member States which have used up their
that such wines may benefit from this tariff quota ,                       initial quota shares ; whereas , in order to give importers in
Article 18 of Regulation ( EEC ) No 337 / 79 ( 4 ), as last                each Member State a certain degree of security , the first
amended by Regulation ( EEC ) No 3805 / 85 ( 5 ), must be                  instalment of the Community quota could , under present
complied with ;                                                            circumstances , be fixed at approximtately 84 % of the
                                                                           quota volume ;
(») OJ No  L 172 , 28 .   6 . 1978 , p. 2 .
(2) OJ No  L 369 , 30 .   12 . 1983 , p. 1 .                                Whereas the Member States' initial shares may be used up
(3) OJ No  L 343 , 20 .   12 . 1985 , p . 20 .                              at different times ; whereas , in order to take this fact into
(4) OJ No  L 54 , 5 . 3 . 1979 , p. 1 .                                     account and avoid any break in continuity , any Member
(s) OJ No  L 367 , 31 .   12 . 1985 , p. 39 .                               State which has almost used up its initial share should draw
 ---pagebreak---  31 . 12 . 86                                   Official Journal of the European Communities                                 No L 380 / 31
 an additional share from the reserve whereas this must be                  Whereas , since the Kingdom of Belgium , the Kingdom of
 done by each Member State as and when each of its                           the Netherlands and the Grand Duchy of Luxembourg are
 additional shares is almost used up , and repeated as many                  united within and jointly represented by the Benelux
 times as the reserve allows ; whereas the initial and                       Economic Union , any operation relating to the
 additional shares must be valid until the end of the quota                  administration of the quota shares allocated to that
 period ; whereas this method of administration requires                     economic union may be carried out by any of its
 close cooperation between the Member States and the                         members ,
 Commission , and the latter must be in a position to
 monitor the extent to which the quota volume has been
 used up and to inform the Member State thereof;                            HAS ADOPTED THIS REGULATION :
                                                                                                        Article 1
 Whereas , if at a given date in the quota period a substantial
 quantity remains unused in any Member State, it is                          1 . From 1 January to 31 December 1987 on the import
 essential that that Member State should return a significant               into the Community of Ten the customs duties for the
 proportion to the reserve , to prevent a part of any                       following products , originating in Cyprus , shall be
 Community quota from remaining unused in one Member                         suspended at the levels and within the limits of a
 State when it could be used in others ;                                     Community tariff quota of 250 000 hectolitres as follows :
                     CCT
      Order                                                                                                                     Quota
       No
                   heading                                               Description
                      No                                                                                                        duty
    09.1417         22.05        Wine of fresh grapes ; grape must with fermentation arrested by the addition of
                                 alcohol :
                                 C. Other :
                                      II . Of an actual alcoholic strength by volume exceeding 13 % vol but not
                                           exceeding 15 % vol , in containers holding :
                                           ex a ) Two litres or less :
                                                    — Liqueur wines of an actual alcoholic strength by volume of 15 %
                                                       vol                                                                 5.0 ECU per hi
                                           ex b ) More than two litres :
                                                    — Liqueur wines of an actual alcoholic strength by volume of 15 %
                                                       vol                                                                 3,9 ECU per hi
                                     III . Of an actual alcoholic strength by volume 15 % vol but not exceeding 18 %
                                           vol , in containers holding :
                                           a ) Two litres or less :
                                                ex 2 . Other :
                                                       — Liqueur wines                                                     6.1 ECU per hi
                                           b ) More than two litres :
                                                ex 3 . Other !
                                                       — Liqueur wines                                                     5,0 ECU per hi
                                     IV . Of an actual alcoholic strength by volume exceeding 1 8 % vol but not
                                           exceeding 22 % vol , in containers holding :
                                           a ) Two litres or less :
                                                ex 2 . Other :
                                                       — Liqueur wines                                                     6,9 ECU per hi
                                           b ) More than two litres :
                                                ex 3 . Other :
                                                       — Liqueur wines                                                     6,9 ECU per hi
2 . The admission of these wines under the tariff quota                     3 . The wines in question shall be subject to compliance
shall be conditional on their being described in the V.I.I ,                with the free-at-frontier reference price . In order that such
document or the V.I. 2 extract provided for in Regulation                   wines shall benefit from this tariff quota Article 18 of
( EEC ) No 3590 / 85 as 'liqueur wines'.                                    Regulation ( EEC ) No 337 / 79 must be complied with .
 ---pagebreak--- No L 380 / 32                              Official Journal of the European Communities                                  31 . 12 . 86
                            Article 2                                                            Article 5
1 . The Community tariff quota referred to in Article 1               Member States shall return to the reserve, not later than
shall be divided into two instalments .                               1 October 1987 , the unused portion of their initial share
                                                                      which , on 15 September 1987 , is in excess of 20 % of the
2 . A first instalment , amounting to 210 100 hectolitres ,           initial volume . They may return a larger quantity if there
shall be allocated among the Member States ; the shares               are grounds for believing that this quantity may not be
                                                                      used .
which , subject to Article 5 , shall be valid until
31 December 1987 shall be as follows :
                                                  (hectolitres)
                                                                      Each Member State shall , not later than 1 October 1987 ,
        Benelux                                     2 000
                                                                      notify the Commission of the total quantities of the
        Denmark                                     2 000
                                                                      products in question imported up to 15 September 1987
                                                    4 000
                                                                      and charged against the Community quota and of any
        Germany                                                       quantities of the initial shares returned to the reserve.
        Greece                                          20
        France                                          20
        Ireland                                     2 000
        Italy                                           20
                                                                                                 Article 6
        United Kingdom                           200 040
                                                                      The Commission shall keep an account of the shares
3 . The second instalment , amounting                to    39 900     opened by Member States in accordance with Articles 2
hectolitres , shall constitute the reserve .                          and 3 and shall , as soon as it is notified , inform each
                                                                      Member State of the extent to which the reserve has been
                                                                      used up .
                             Article 3
1.   If 90 % or more of a Member State's initial share as             It shall inform the Member States , not later than 5 October
specified in Article 2 ( 2 ), or 90 % of that share minus the         1987 of the amount in the reserve after quantities have
portion returned to the reserve where Article 5 is applied ,          been returned pursuant to Article 5 .
has been used up , then to the extent permitted by the
amount of the reserve that Member State shall forthwith ,
by notifying the Commission , draw a second share equal to            The Commission shall ensure that any drawing which
15 % of its initial share , rounded up where necessary to the         exhausts the reserve does not exceed the balance available
next unit .                                                           and , to this end , shall indicate the amount thereof to the
                                                                      Member State which makes such last drawing .
2 . If, after one of its initial shares has been used up , 90 %
or more of the second share drawn by a Member State has
been used up , then , to the extent permitted by the amount
                                                                                                 Article 7
of the reserve, that Member State shall , in accordance with
the conditions laid down in paragraph 1 , draw a third
share equal to 7,5 % of its initial share , rounded up where          1 . The Member States shall take all measures necessary to
necessary to the next unit .                                          ensure that additional shares drawn pursuant to Article 3
                                                                      are opened in such a way that imports may be charged
                                                                      without interruption against their accumulated shares of
3 . If, after its second share has been used up , 90 % or             the Community quota .
more of the third share drawn by a Member State has been
used up , that Member State shall , in accordance with the
conditions laid down in paragraph 1 , draw a fourth share             2 . The Member States shall ensure that importers of the
equal to the third .                                                  products in question have free access to the shares allocated
                                                                      to them .
This process shall continue until the reserve is used up .
                                                                      3 . The extent to which a Member State has used up its
4 . By way of derogation from paragraphs 1 , 2 and 3 , a              share shall be determined on the basis of imports of the
Member State may draw shares smaller than those fixed in              products in question entered with the customs authorities
those paragraphs if there are grounds for believing that              for free circulation .
they might not be used up . It shall inform the Commission
of its reasons for applying this paragraph .
                                                                                                 Article 8
                             Article 4
                                                                      At the request of the Commission , the Member States shall
The additional shares drawn pursuant to Article 3 shall be            inform it of imports of the products concerned actually
valid until 31 December 1987 .                                        charged against their shares .
 ---pagebreak--- 31 . 12 . 86                           Official Journal of the European Communities                            No L 380 / 33
                          Article 9                                                       Article 10
The Member States and the Commission shall cooperate              This Regulation shall enter into force on 1 January 1987 .
closely in order to ensure that this Regulation is complied
with .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 22 December 1986 .
                                                                                     For the Council
                                                                                       The President
                                                                                         G. SHAW