CELEX: 31985R1525
Language: en
Date: 1985-05-23 00:00:00
Title: Council Regulation (EEC) No 1525/85 of 23 May 1985 opening, allocating and providing for the administration of Community tariff quotas for port wines falling within heading No ex 22.05 of the Common Customs Tariff and originating in Portugal (1985/86)

8.6 . 85                                       Official Journal of the European Communities                           No L 150 / 29
                                            COUNCIL REGULATION ( EEC) No 1525/85
                                                              of 23 May 1985
               opening allocating and providing for the administration of Community tariff quotas for
               port wines falling within heading No ex 22.05 of the Common Customs Tariff and
                                                     originating in Portugal ( 1985/86)
THE COUNCIL OF THE EUROPEAN                                               hectolitres for the period 1 July 1985 to 30 June
COMMUNITIES ,                                                             1986 ;
Having regard to the Treaty establishing the
European Economic Community, and in particular                            Whereas Portugal has given an assurance that the
Article 113 thereof,                                                      price for wines originating in its territory will not be
                                                                          lower than the reference price less the customs duties
                                                                          actually charged ; whereas, as a result thereof, the
Having regard to the proposal from the Commission ,
                                                                          wines covered by those tariff quotas should be treated
                                                                          in the same manner as wines granted preferential
Whereas Article 9 of the Supplementary Protocol (')                       tariff concessions, provided the free-at-frontier
to the Agreement between the European Economic                            reference price is observed ; whereas such wines
Community and the Portuguese Republic (2),                                benefit from the tariff concessions only if the
completed by Council Regulation (EEC) No 2370 / 81                        provisions of Article 18 of Council Regulation (EEC)
of 27 July 1981 laying down the arrangements                              No 337/79 ( 5), as last amended by Regulation (EEC)
applicable to trade between Greece and Portugal (3),                      No 775 / 85 (6), are respected ; whereas those
provides that customs duties on imports into the                          provisions apply to imports under those quotas ;
Community of certain wines originating in Portugal
shall be reduced :
                                                                          Whereas it is in particular necessary to ensure for all
(a) by 60 % in the case of the duties applicable to                       Community importers equal and uninterrupted access
     port wines falling within subheadings ex 22.05 C                     to the abovementioned quotas and uninterrupted
     III a) 1 and ex 22.05 C IV a) 1 of the Common                        application of the rates laid down for these quotas to
     Customs Tariff, up to a total annual tariff quota                    all imports of the products concerned into all
     of 100 400 hectolitres , and                                         Member States until the quotas have been used up ;
                                                                          whereas, having regard to the above principles, the
(b) by 50 % in the case of the duties applicable to                       Community nature of the quotas can be respected by
     port wines falling within subheadings ex 22.05 C                     allocating the Community tariff quota among the
     III b) 1 and ex 22.05 C IV b) 1 of the Common                        Member States ; whereas, in order to reflect as
     Customs Tariff, up to a total annual tariff quota                    accurately as possible the true trend of the market in
     of 260 000 hectolitres ;                                             the products concerned , such allocation should be in
                                                                          proportion to the requirements of the Member States ,
                                                                          assessed by reference to the statistics of each State's
Whereas the Declaration by the European Economic
                                                                          imports from Portugal over a representative reference
Community on Article 9 of the Supplementary                               period and also to the economic outlook for the
Protocol (4) reserves the right to the Community to                       quota period concerned ;
increase , as from 1 July 1981 , the volume of the tariff
quota referred to under (a) in so far as the tariff
quota referred to under (b) has not been exhausted
completely during the preceding period , the total                        Whereas available Community statistics give no infor­
volume remaining at 360 400 hectolitres ; whereas                         mation on the situation of port wines on the markets ;
during recent years an average quantity of 107 000                        whereas, however, Portuguese statistics for exports of
hectolitres of port wines referred to under (b) has not                   these products to the Community during the past
been exhausted ; whereas , on the basis of the                            three years can be considered to reflect approximately
development of the importations of the wines in                           the situation of Community imports ; whereas, on this
question during the two last quota periods, it is                         basis , the corresponding imports by each of the
necessary to fix the tariff quotas for these wines at                     Member States for the past three years represent the
respectively 207 400 hectolitres and 153 000                              following percentages of the imports into the
                                                                          Community from Portugal of the products
                                                                          concerned :
O   OJ No   L 348 , 31 . 12 . 1979 , p . 44 .
O   OJ No   L 301 , 31 . 12 . 1972 , p . 165 .
O   OJ No   L 236,  21 . 8 . 1981 , p . 1 .                               O OJ No L 54 , 5 . 3 . 1979 , p. 1 .
(4) OJ No   L 348 , 31 . 12 . 1979 , p . 61 .                             (*) OJ No L 88 , 28 . 3. 1985 , p. 1 .
 ---pagebreak--- No L 1 50/30                            Official Journal of the European Communities                                8.6.85
                               1981         1982         1983
                                                                   should, under the present circumstances, be fixed at
                                                                   around 90 °/o of each of the quota amounts ;
Port wines :
— in containers holding                                            Whereas the initial quota shares of the Member States
    two litres or less :                                           may be used up at different times ; whereas, in order
    Benelux                    19,9         22,6         22.7      to take this fact into account and avoid any break in
    Denmark                      4,1         4,2           4,5     continuity, any Member State which has almost used
    Germany                     6,8          5,7          6.4      up its initial quota share should draw an additional
    Greece                       0,1                               quota share from the corresponding reserve ; whereas
    France                     51,0         50,4         50.8      this must be done by each Member State as and when
    Ireland                      0,6         1,1          0,8      each of its additional shares is almost used up and
    Italy                      10,2          7,4           5.5     repeated as many times as the reserve allows ;
    United Kingdom               7,3         8,6          9,3      whereas, the initial and additional quota shares must
— in containers holding                                            be valid until the end of the quota period ; whereas
    more than two litres :
                                                                   this method of administration requires close
    Benelux                    23,7         39,9         32,8      cooperation between Member States and the
    Denmark                      5,2         5,0           3,8     Commission and the latter must, in particular, be in a
    Germany                      8,8         4,6          8,8      position to monitor the extent to which the quota
    Greece
                                                                   volumes have been used up and to inform the
    France                     38,5         32,8         31,6      Member States thereof;
    Ireland                      0,1
    Italy
    United Kingdom             23,7         17,7         23,0      Whereas if, at a given date in the quota period, a
                                                                   substantial quantity of one of the initial shares
                                                                   remains unused in one or other Member State it is
                                                                   essential that that Member State should return a
                                                                   significant proportion to the reserve to prevent a part
                                                                   of any Community quota from remaining unused in
                                                                   one Member State when it could be used in others ;
Whereas, in view of these data and the estimates
submitted by certain Member States, initial quota                  Whereas, since the Kingdom of Belgium, the
shares may be fixed approximately at the following                 Kingdom of the Netherlands and the Grand Duchy
percentages :                                                      of Luxembourg are united within and jointly
                                                                   represented by the Benelux Economic Union any
                                                                   operations relating to the administration of the quota
                                Port wines in containers           shares allocated to that economic union may be
                                        holding :                  carried out by any one of its members,
       Member States
                             two litres           more than
                              or less             two litres
                                                                   HAS ADOPTED THIS REGULATION :
Benelux                        21,8                 32,2
Denmark                          4,3                 4,7                                    Article 1
Germany                          6 ,3                7,3
Greece                           0,1                 0,1            1 . From 1 July 1985 to 30 June 1986 Community
France
                                                                   tariff quotas shall be opened, in the Community, for
                               50,6                 34,3
                                                                   products originating ?n Portugal within the limits set
Ireland                          0,8                 0,1           out below :
Italy                            7,5                 0,1
                                                                                                                  (hectolitres)
United Kingdom                   8,6                21,2
                                                                            OCT
                                                                         heading No          Description    Quota amount
                                                                   ex 22.05 C III a) 1
Whereas, in order to take into account import trends               ex 22.05 C IV a) 1    ^ Port wines          207 400
for the products concerned in the various Member                   ex 22.05 C m b) 1
States, each of the quota amounts should be divided
into two instalments, the first instalment being
                                                                   ex 22.05 C IV b) 1    ^ Port wines          153 000
allocated among the Member States which have used
up their initial quota shares ; whereas, in order to give          2.    The Common Customs Tariff duties on wines
importers in each Member State a certain degree of                 imported within these tariff quotas shall be suspended
security, the first instalment of the Community quotas             at the rates set out below :
 ---pagebreak--- 8.6.85                                    Urhcial ournal or the European Communities                               No L 150/ 31
                                                          (ECU/hl)    where Article 5 is applied, has been used up, then, to
                CCT                                                   the extent permitted by the amount of the reserve,
                                            Rate of duty
            heading No                                                that Member State shall forthwith, by notifying the
                                                                      Commission, draw a second share equal to 10 % of
ex  22.05 C  III a) 1                           6,5                   its initial share, rounded up where necessary to the
ex  22.05 C  IV a)  1                           7,0                   next unit.
ex  22.05 C  III b) 1                           6,6
ex  22.05 C  IV b)  1                           7,2                   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 of the reserve , that Member
Within these tariff quotas, Greece shall apply customs                State shall , in accordance with the conditions laid
duties calculated in accordance with the relevant                     down in paragraph 1 , draw a third share equal to
provisions of the 1979 Act of Accession and of Regu­                  5 °/o of its initial share, rounded up where necessary
lation (EEC) No 2370/ 81 .                                            to the next unit.
3 . The wines shall benefit from these tariff quotas                  3.     If, after one of its second shares has been used
only if Article 18 (3) and (4) of Regulation (EEC) No                 up, 90 % or more of the third share drawn by a
337/ 79 are respected.                                                Member State has been used up, that Member State
                                                                      shall, in accordance with the conditions laid down in
                                                                      paragraph 1 , draw a fourth share equal to the third.
                           Article 2
1 . Each of the tariff quotas referred to in Article 1                This process shall continue until the reserve is used
shall be divided into two parts .                                     up .
2 . (a) The first instalment of each quota shall be                   4.     By way of derogation from paragraphs 1 , 2 and
         allocated among the Member States ; the                      3 , a Member State may draw shares smaller than
         respective shares, which subject to Article 5                those fixed in those paragraphs if there is reason to
         shall be valid until 30 June 1986, shall be as               believe that these might not be used up. It shall
         follows :                                                    inform the Commission of its reasons for applying
                                                                      this paragraph .
                                                        (hectolitres)
                               Port wines under subheadings :
                                                                                                Article 4
           Member States   ex 22.05 C III a) 1 ex 22.05 C ni b) 1
                                   and                 and            Each of the additional shares drawn pursuant to
                           ex 22.05 C IV a) 1 ex 22.05 C IV b) 1      Article 3 shall be valid until 30 June 1986 .
         Benelux                  40 670             44 340
                                                                                                Article 5
         Denmark                   8 030               6 470
         Germany                  11 760              10 050          The Member States shall return to the reserve, not
         Greece                      190                  140         later than 1 April 1986, the unused portion of their
                                                                      initial share which, on 15 March 1986, is in excess of
         France                  94 410              47 230
                                                                      20 % of the initial volume. They may return a larger
        Ireland                    1 500                  140
                                                                      quantity if there are grounds for believing that it
        Italy                     14 000                  140         might not be used .
        United
        Kingdom                   16 040             29 190
                                                                      The Member States shall, not later than 1 April 1986,
                    Total       186 600             137 700           notify the Commission of the total quantities of the
                                                                      products concerned imported up to 15 March 1986
                                                                      and charged against the Community quotas and of
                                                                      any quantities of the initial shares returned to each
    (b) The second instalment of each quota, namely                   reserve .
         20 800 and 15 300 hectolitres respectively,
         shall constitute the corresponding reserve.                                            Article 6
                           Article 3                                  The Commission shall keep an account of the shares
                                                                      opened by the Member States pursuant to Articles 2
1.     If 90 % or more of one of the Member State's                   and 3 and shall, as soon as it is notified , inform each
initial shares as specified in Article 2 (2), or of that              State of the extent to which the reserves have been
share minus the portion returned to the reserve,                      used up.
 ---pagebreak--- No L 150 / 32                       Official lournai or the burooean Communities                               8 . 6 . 85
The Commission shall , not later than 5 April 1986 ,           3.    The extent to which a Member State has used
notify Member States of the amount in each reserve             up its shares shall be determined on the basis of the
after quantities have been returned thereto pursuant           imports of the products concerned originating in
to Article 5 .                                                 Portugal as and when the goods are entered with
                                                               customs authorities for free circulation .
The Commission shall ensure that any drawing which
uses up any reserve is limited to the balance available
                                                                                       Article 8
and to this end shall specify the amount thereof to the
Member State which makes the last drawing.                     At the Commission's request Member States shall
                                                               inform it of imports of the products concerned
                        Article 7                              actually charged against their shares .
1.    The Member States shall take all measures
necessary to ensure that additional shares drawn                                       Article 9
pursuant to Article 3 are opened in such a way that
                                                               The    Member    States   and   the   Commission    shall
imports may be charged without interruption against
their accumulated shares of the Community quotas .             cooperate closely in order to ensure that this Regu­
                                                               lation is complied with.
2 . The Member States shall ensure that importers
of the products concerned established in their                                         Article 10
territory have free access to the shares allocated to
them .                                                         This Regulation shall enter into force on 1 July 1985.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 23 May 1985 .
                                                                                     For the Council
                                                                                       The President
                                                                                     C. SIGNORILE