CELEX: 31986R4012
Language: en
Date: 1986-12-16 00:00:00
Title: Council Regulation (EEC) No 4012/86 of 16 December 1986 opening, allocating and providing for the administration of a Community tariff quota for 'Sljivovica' plum spirit falling within subheading ex 22.09 C IV a) of the Common Customs Tariff and originating in Yugoslavia (1987)

No L 374 / 16                              Official Journal of the European Communities                                  31 . 12 . 86
                                          COUNCIL REGULATION ( EEC) No 4012 / 86
                                                         of 16 December 1986
               opening, allocating and providing for the administration of a Community tariff quota for
               'Sljivovica' plum spirit falling within subheading ex 22.09 C IV a) of the Common Customs Tariff
                                                 and originating in Yugoslavia ( 1987 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             proportion to the requirements of the Member States ,
                                                                       calculated by reference to the statistics for imports from
                                                                       Yugoslavia over a representative reference period and also
                                                                       to the economic outlook for the quota period in question;
 Having regard to the Treaty establishing the European
 Economic Community , and in particular Article 113
 thereof,
                                                                       Whereas, in this case, however, neither Community nor
                                                                       national statistics are available and no reliable estimates
Having regard to the proposal from the Commission ,                    of future imports can be made; whereas in these
                                                                       circumstances the quota volumes should be allocated in
                                                                       initial shares , taking into account demand for these
                                                                       products on the markets of the various Member States;
Whereas Article 21 of the Cooperation Agreement between
the European Economic Community and the Socialist
Federal Republic of Yugoslavia ( l ) provides that plum spirit
marketed under the name Sljivovica , falling within                    Whereas, in order to take into account import trends for
subheading ex 22.09 C IV a ) of the Common Customs
                                                                       the products concerned in the various Member States, the
Tariff and originating in Yugoslavia, shall be imported into           quota amount should be divided into two instalments, the
the Community at customs duties of 0,3 ECU per hectolitre              first being shared among the Member States and the second
per % volume of alcohol plus 3 ECU per hectolitre , within             constituting a reserve to cover at a later date the
the limits of an annual Community tariff quota of 5 420
hectolitres; whereas these goods must be accompanied by a              requirements   of the Member States which have used up
certificate of authenticity ; whereas the tariff quota in              their initial  quota shares; whereas, in order to give
question should be opened for 1987 ;                                   importers in    each Member State a certain degree of
                                                                       security , the  first instalment of the Community quota
                                                                       should under the circumstances be fixed at 75% of the
                                                                       quota volume ;
Whereas, since a Protocol as provided for in Articles 179
und 366 of the Act of Accession of Spain and Portugal does
not exist, the Community must take the measures referred
to in Articles 180 and 367 of that Act ; whereas the tariff
measure concerned will , therefore , apply to                the      Whereas the Member States' initial shares may be used up
                                                                      at different times ; whereas , in order to take this fact into
Community as constituted on 31 December 1985 ;
                                                                      account and avoid any break in continuity , any Member
                                                                      State which has almost used up its initial quota share
                                                                      should draw an additional share from the reserve; whereas
                                                                      this must be done by each Member State as and when each
Whereas it is in particular necessary to ensure for all               of its additional shares is almost used up, and repeated as
Community importers equal and uninterrupted access to                 many times as the reserve allows ; whereas the initial and
the abovementioned quota and uninterrupted application                additional shares must be valid until the end of the quota
of the rate laid down for that quota to all imports of the            period ; whereas this method of administration requires
products concerned into all Member States until the quota             close cooperation between the Member States and the
has been used up ; whereas , having regard to the above               Commission , and the latter must be in a position to
principles , the Community nature of the quota can be                 monitor the extent to which the quota volume has been
respected by allocating the Community tariff quota among              used up and to inform the Member States thereof;
the Member States ; whereas , in order to reflect as
accurately as possible the true trend of the market in the
products in question , such allocation should be in
                                                                       Whereas if, at a given date in the quota period , a
                                                                       substantial quantity remains unused in any Member State,
                                                                       it is essential that that Member State should return a
(') OJ No L 41 , 14. 2 . 1983 , p. 2 .                                 significant proportion to the reserve to prevent a part of
 ---pagebreak--- 31 . 12 . 86                                Official Journal of the European Communities                                    No L 374 / 17
any tariff quota from remaining unused in one Member                     HAS ADOPTED THIS REGULATION :
State when it could be used in others ;
Whereas , since the Kingdom of Belgium , the Kingdom of                                               Article 1
the Netherlands and the Grand Duchy of Luxembourg are
united within and jointly represented by the Benelux                     1 . From 1 January to 31 December 1987 the Common
Economic Union , any operation relating to the                           Customs Tariff duty in the Community , as constituted on
administration of the quota shares allocated to that                     31 December 1985 , on the following products , shall be
economic union may be carried out by any of its                          suspended at the level and within the limits of a
members ,                                                                Community tariff quota as shown herewith :
                                                                                                           Amount of            Tariff
    Order No
                       CCT heading
                           No
                                                                  Description                              tariff quota         quota
                                                                                                            ( hectolitre )       duty
     09.1503     ex 22.09 C IV a )         Plum spirit , marketed under the name Sljivovica in                 5 420       0,3 ECU per
                                           containers holding two litres or less , originating in                            hectolitre
                                           Yugoslavia                                                                      per % volume
                                                                                                                             of alcohol
                                                                                                                            plus 3 ECU
                                                                                                                           per hectolitre
2 . Such goods , when imported , shall be accompanied by a                share equal to 15% of its initial share , rounded up where
certificate . of authenticity , issued by the competent                   necessary to the next unit .
Yugoslav authority , conforming with the model annexed to
this Regulation .
                                                                         2 . If, after its initial share has been used up , 90% or more
                                                                         of the second share drawn by a Member State has been
                                                                         used up , then that Member State shall , in accordance with
                             Article 2                                   the conditions laid down in paragraph 1 , draw a third
                                                                         share equal to 7,5% of its initial share.
 1 . A first instalment amounting to 4 050 hectolitres of the
Community tariff quota referred to in Article 1 , shall be
 allocated among the Member States ; the shares which ,                   3 . If, after its second share has been used up , 90% or
 subject to Article 5 , shall be valid until 31 December 1987 ,          more of the third share drawn by a Member State has been
 shall be as follows :                                                   used up , that Member State shall , in accordance with the
                                                                         conditions laid down in paragraph 1 , draw a fourth share
                                                                         equal to the third .
                                                    (hectoliters)
         Benelux                                        200
         Denmark                                        100               This process shall continue until the reserve is used up .
         Germany                                      3 725
         Greece                                            5
         France                                            5              4 . By way of derogation from paragraphs 1 , 2 and 3 , a
         Ireland                                           5              Member State may draw shares smaller than those fixed in
         Italy                                             5              those paragraphs if there are grounds for believing that
         United Kingdom                                    5              they might not be used up . It shall inform the Commission
                                                                          of its reasons for applying this paragraph .
 2 . The second instalment amounting to 1 370 hectolitres
 shall constitute the reserve .
                                                                                                       Article 4
                                                                          The additional shares drawn pursuant to Article 3 shall be
                                                                          valid until 31 December 1987 .
                             Article 3
 1.   If 90% or more of a Member State's initial share as
 specified in Article 2 ( 1 ), or 90% of that share minus the                                          Article 5
 portion returned to the reserve where Article 5 has been
 applied , has been used up , then , to the extent permitted by           The Member States shall return to the reserve , not later
 the amount of the reserve , that Member State shall                      than 1 October 1987 , such unused portion of their initial
 forthwith , by notifying the Commission , draw a second                  share as , on 15 September 1987 , is in excess of 20% of the
 ---pagebreak---  No L 374 / 18                            Official Journal of the European Communities                                 31 . 12 . 86
initial volume. They may return a larger quantity if there           without interruption against their accumulated shares of
are grounds for believing that this quantity may not be             the tariff quota .
used .
                                                                    2 . The Member States shall ensure that importers of the
The Member States shall notify the Commission, not later            products in question have free access to the shares allocated
than 1 October 1987 , of the total quantities of the products       to them .
in question imported up to 15 September 1987 and charged
against the tariff quota and of any quantity of the initial         3 . The Member States shall charge the imports of the
shares returned to the reserve .                                    products concerned against their shares as and when the
                                                                    products are entered with customs authorities for free
                                                                    circulation .
                           Article 6
The Commission shall keep an account of the shares                  4 . The extent to which a Member State has used up its
opened by the Member States pursuant to Articles 2 and 3
                                                                    share shall be determined on the basis of the imports
and , as soon as it is notified , shall inform each Member
                                                                    charged in accordance with paragraph 3 .
State of the extent to which the reserve has been used up .
                                                                                              Article 8
It shall inform the Member States , not later than 5 October
1987 , of the amount in the reserve after quantities have           At the Commission's request, the Member States shall
been returned thereto pursuant to Article 5 .
                                                                    inform it of imports actually charged against their shares.
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available and , to this end , shall
notify the amount of the balance to the Member State                                          Article 9
making the last drawing .
                                                                    The Member States and the Commission shall cooperate
                                                                    closely to ensure that this Regulation is complied with .
                          Article 7
1 . The Member States shall take all measures necessary to                                   Article 10
ensure that additional shares drawn pursuant to Article 3
are opened in such a way that imports may be charged                This Regulation shall enter into force on 1 January 1987 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels , 16 December 1986 .
                                                                                        For the Council
                                                                                          The President
                                                                                            G. HOWE
 ---pagebreak---   ANEXO — BILAG — ANHANG — ΠΑΡΑΡΤΗΜΑ — ANNEX — ANNEXE — ALLEGATO — BIJLAGE — ANEXO
1  Exporter (name, full address , country)                                   2    No                              ORIGINAL
   Exportateur (nom, adresse complète , pays)
                                                                             3    Quota year                      4    Country of destination
                                                                                  Année contingentaire                 Pays de destination
                                                                             6    Issuing authority
5  Consignee (name , full address , country)                                      Organisme émetteur
   Destinataire (nom , adresse complète , pays)
                                                                              7
                                                                                          CERTIFICATE OF AUTHENTICITY
8  Place and data of shipment — Means of transport                                         CERTIFICAT D'AUTHENTICITÉ
   Lieu et date d'embarquement — Moyen de transport
                                                                                                Plum spirit 'Šljivovica'
                                                                                         Eau-de-vie de prunes «Šljivovica»
                                                                              (CCT subheading ex 22 09 C IV a))
                                                                              [Sous-position du TDC : ex 22.09 C IV a)]
9  Marks and numbers — Number and kind of packages                                                                10 «w vol of       11  Litres
   Marques et numéros — Nombre et nature des colis                                                                     alcohol           Litres
                                                                                                                       <tovol
                                                                                                                       d'alcool
12 <M> vol of alcohol and litres (in words)
   Wo vol d'alcool et litres (en lettres)
13 CERTIFICATE BY THE ISSUING AUTHORITY — VISA DE L'ORGANISME ÉMETTEUR
   I hereby certify that the plum spirit 'Šljivovica' described in this certificate corresponds with the definition given on the reverse.
   Je certifie que l'eau-de-vie de prunes «Šljivovica» décrite dans ce certificat correspond à la définition figurant au verso.
   Place                                                     Oate
   Lieu                                                      Date
                                                                                                       (Stamp and signature)
                                                                                                       (Cachet et signature)
 ---pagebreak---                                        DEFINITION
Plum spirit with an alcoholic strength of 40 % vol or more, marketed under the name
ŠLJIVOVICA, corresponding to the specifications laid down in the Regulation
relating to the quality of spirituous beverages, published in the Official Journal of the
Socialist Federal Republic of Yugoslavia on 7 October 1971 .
                                       DÉFINITION
Eau-de-vie de prunes ayant un titre alcoométrique égal ou supérieur à 40 % vol,
commercialisée sous la dénomination ŠLIVOVICA correspondant à la spécification
reprise dans la réglementation relative à la qualité des boissons alcooliques publiée au
Journal officiel de la république socialiste fédérative de Yougoslavie le 7 octobre 1971 .