CELEX: 51982PC0584
Language: en
Date: 1982-09-17
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 (1983) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 584
Vol. 1982/0183
 ---pagebreak--- Disclaimer
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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
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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.
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 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(82)584 final
                                                Brussels , 17 September 1982
                                     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 ( 1983 )
                    I*
                       submitted
                    (submitted    to the Council by the Commission )
                    P        -l
COM(82 ) 58 ^ final
 ---pagebreak---                                   EXPLANATORY MEMORANDUM
 1 . In compliance with Articles 25 and 64 of the Act of Accession ( 1 ),
     customs duties on imports between the Community as at present consti­
     tuted and the Hellenic Republic shall be progressively abolished in
     accordance with a timetable which provides for a reduction of 40 % on
     1 January 1983 to be made on the basic duty , as defined in Article 24 ,
     namely , on the duty actually imposed on 1 July
     The basic duty in respect of wines originating entirely in Greece
     is equivalent :
     - to 15 % of the duties included in the Common Customs Tariff up to
       a maximum quantity of 430 000 hectolitres as provided for        in
       Regulation ( EEC ) N° 2634 / 79 of 20 November 1979 ( 2 ) on the Community
       tariff quota opened for 1980 ;
     - to the Common Customs Tariff duties in respect of additional
       quantities .
     Therefore as from 1 January      1983 the duties  to be imposed in the
     Community as at present constituted on imports of wines originating
     entirely in Greece must be equivalent to 60 % of the abovement ioned
     basic duties , namely , to 9 % of the Common Customs Tariff duty
     up to the maximum quantity of 430 000 hectolitres and to 60 % of the
     Common Customs Tariff duty for the surplus quantities .
2 . Although the Commission is of the opinion that it should           not be
     necessary to take strict measures to prevent the possibility of this
     quantity of 430 000 hectolitres being exceeded, it is nevertheless
     putting forward the solution adopted by the Council for 1981 and 1982 ,
     namely the opening of a Community tariff quota in the Community of Nine
  . with a volume of 430 000 hectolitres which , after constitution of a
     Community reserve of 10 % , would be shared among the Member States
     concerned according to the percentages applied in 1981 and 1982 .
( 1 ) 0J N° L 291 , 19.11.1979 , p. 17 .
( 2 ) 0J N° L 306 , 3.12.1979 , p. 3 .
 ---pagebreak---                                           Proposal for a
                                  COUNCIL REGULATION (EEC) No
                                                of
              opening, allocating and providing for the administration of a Community tariff
              quota for wines of fresh grepes and grape must with fermentation arrested by
              the addition of alcohol , failing within heading No 22.05 of the Common
                           Custom? Tariff and originating entirely in Greece (1983 )
THE COUNCIL OF THE EUROPEAN                                  nature of the quota can be respected by allocating the
COMMUNITIES,                                                 Community tariff quota among the Member States ;
                                                             whereas , to reflect most accurately the actual develop­
Having regard to the 1979 Act of Accession, and in           ment of the market in the products concerned, such
particular Article 72 thereof,                               •/'location should be in proportion to the needs of the
                                                             Member States, assessed by relerence both to the statis-
Having regard to the proposal from "Se Coir mission,           t re-atir.;, to imports from Greece over a representa­
                                                             tive period, anc! to the economic outlook for the quota
Whereas, pursumt to Articles 25 a ■ 64 of the above-         period concerned ;
mentioned Act, customs duties or, imports between            Whereas on the basis of the statistics at present avail­
the Community of Nine and th<- -. ilier.ic Republic           able. imports from Greece into the Community of
 are to be progre siveiy abolished i.; accoidance with a      D4inc in 1979 1980 and 1981 of the product
 timetable which provides for a reduction of 40% as             cticerned have developed as follows and represent the
 from 1 jann?ry 198 3to be made on the basic duty, as         :;?Uowing percentages of total imports into the
 defined in Article 74 of the sau, Act ; whereas for          Community :
 wines from fresh grapes and grape must with fermen­
 tation arresuc* by the addition of alcohol, falling                   Member States        1979      1980          1981
 within heading No 22.05 of the Common Customs
 Tariff and originating entirely in Greece, the customs
  duties applicable in the Community of Nine from 1            Benelux                    51.21      29.81        29.18
  January 1983 wil! be equivalent to ti>e duties applied       Denmark                     0.29        0.03          0.95
  within the limits of the tariff quota opened for 1980        Germany                    37.62      57.51        59.26
  by Regulation (EEC) No 2634/79 ('), reduced by 40 %,         France                       7.88       9.29          7.05
  up to a maximum quantity of 430 000 hectolitres and          Ireland                      0.02       0.03          0.04
  to 6 0 % of the Common Custom Tariff duty for the            Italy                        0.13       0.16          0.11
  surplus quantities ; whereas it is therefore necessary, in   United Kingdom               2.85       3.17          3.41
  order to determine the duty applicable on imports of
  such wines, to open for the products concerned, from
   1 January 1983, a Community tariff quota of 430 000          Whereas, taking into account these figures and the
  hectolitres at the rates of duty shown in the table
  appearing in Article 1 ;                                      foreseeable development of the market in the products
                                                                concerned during 1983 the initial shares in the
   Whereas it is in particular necessary to guarantee all       volume of the quota may be fixed approximately at the
   importers of the Community of Nine equal and unin­           following percentages :
   terrupted access to the said quota and uninterrupted                 Bénélux                           62-91
   application of the rate laid down for that quota to all              Denmark                             0-52
   imports into the said Community of the products                      Germany                           29-35
                                                                                                            4-43
   concerned until the quota has been used up, whereas                  France
    having regard to the above principles the Community                 Ireland                             0-3 5
                                                                        Italy                                ■ r\ci
                                                                        United Kingdom
    O OJ No L 306, \        1     P- (■■■
 ---pagebreak--- Whereas, in order to take into account the import                    Member 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 among              State when it could be used in others ;
the Member States and the second forming a reserve
intended ultimately to cover the requirements of the                 Whereas, since the Kingdom of Belgium, the
Member States, should their initial share be used up ;               Kingdom of the Netherlands and the Grand Duchy of
whereas, in order to ensure a certain degree of security             Luxembourg are united in and jointly represented by
to importers, the first instalment of the Community                  the Benelux Economic Union, any measure concer­
quota should be determined at a relatively high level,               ning the administration of the quota shares allocated
which under present circumstances could be 90 % of                   to that economic union may be carried out by any of
the quota volume ;                                                   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                  HAS ADOPTED THIS REGULATION :
its initial share, should draw a supplementary share
from the Community reserve ; whereas this must be
done by each Member State as each one of its supple­                                          Article 1
mentary shares is almost used up, and as many times
as the reserve allows ; whereas the initial and supple­
mentary shares must be valid until the end of the                     1 . From 1 January to 31 December 1983 a
quota period ; whereas this form of administration                   Community tariff quota of 430 000 hectolitres shall be
requires close collaboration between the Member                      opened in the Community of Nine of wine of fresh
States and the Commission, and the Commission must                   grapes and grape must with fermentation arrested by
be in a position to follow the extent to which the tariff            the addition of alcohol with the exception of resinated
quota has been used up and to inform the Member                      wines (retsina) falling withing heading No 22.05 of the
States thereof ;                                                     Common Customs Tariff, originating entirely in
                                                                     Greece .
Whereas if, at a specified date in the quota period, a               Within this tariff quota, the Common Customs Tariff
considerable quantity of the initial quota share                     duty shall be reduced to the levels indicated in the
remains in any Member State, is is essential that 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 addi­
                 tion of alcohol :
                 A. Sparkling wine                                                             22.05-01 , 09    3 .6 ECU
                                                                                                                   per hi
                 B. Wine in bottles with 'mushroom' stoppers held in place by ties or fasten-
                     ings, and wine otherwise put up with an excess pressure of not less than
                     1 bar but less than 3 bar, measured at a temperature of 20° C             22.05-15         3.6 ECU
                                                                                                                    per hi
                 C. Other
                      I. Of an actual alcoholic strength by volume not exceeding 13° , in
                         containers holding :
                          a) Two litres or less                                                22.0 5r 16,  17, 1 .2 ECU
                                                                                                18, 19            per hl(')
                          b) More than two litres                                              22.05-20,' 22,   0.9 ECU
                                                                                               23, 24             per hi (')
 (') 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.
 ---pagebreak---                                                                  3 -*
      CCT                                                                                         NIMEXE
     heading                                     Description                                        code            Rate of duty
       No                                                                                          ( 1981 )
      22.05     C. II. Of an actual alcoholic strength by volume exceeding 13° but not
    (cont'd)             exceeding IS", in containers holding :
                         a) Two litres or less                                                 22.05-26,    27,     1 . 5ECU
                                                                                               28, 29                 per hi (')
                         b) More than two litres                                               22.05-32,    33,     1 - 1 ECU
                                                                                               34, 36                 per hl(')
                    III. Of an actual alcoholic strength by volume exceeding 15° but not
                         exceeding 18° , in containers holding :
                         a) Two litres or lest :
                            2. Other                                                              22.05-39          1 .8 ECU
                                                                                                                      per hi (')
                         b) More than two litres :
                            3. Other                                                              22.05-49        1 .5 ECU
                                                                                                                      per hi (■)
                    TV. Of an actual alcoholic strength by volume exceeding 18s but not
                         exceeding 22° , in containers holding :
                         a) Two litres or less :
                            2. Other                                                              22.05-54            2 ECU
                                                                                                                      per hi (')
                         b) More than two litres :
                            3 . Other                                                             224)5-68             2 ECU
                                                                                                                      per hi (')
                     V. Of an actual alcoholic strength by volume exceeding 22° , in
                         containers holding :
                         a) Two litres or less                                                    22.05-91            01 ECU
                                                                                                                     per hi and
                                                                                                                     per % vol.
                                                                                                                    + 1     ECU
                                                                                                                      per hi (')
                         b) More than two litres                                                  22.05-98            01 ECU
                                                                                                                     per hi 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                                                                            hectolitres
                                                                             Benelux                            243    450
                                                                             Denmark                                2  000
1.     The tariff quota referred to in Article 1 (1 ) shall                  Germany                             1 13  600
be divided into two instalments.                                             France                                17  150
                                                                             Ireland                                1  350
                                                                             Italy                                  1  350
2. A first instalment, amounting to 387 000 hecto-                           United Kingdom                         8  100
litres, shall be shared among the Member States ; the
shares which, subject to Article 5, shall be valid until              3.   The second instalment of 43 000 hectolitres shall
31 December 1983 shall be as follows :                                constitute the reserve .
 ---pagebreak---                              Article 3                      from the reserve into two parts, according to their fore­
                                                            seeable use, reserving one part for wines intended for
 1.     If 90% or more of any Member States initial         direct consumption and the other for wines intended
share, as laid down in Article 2 (2), or 90 % or more of    for processing.
that share less the amount returned to the reserve
where Article 5 has been applied , has been exhausted ,     However, during the marketing y?ar and according to
that Member State shall without delay, by notifying the     the actual needs which arise, they shall make the
Commission, draw a second share equal to 15 % of its        necessary adjustments to the original allocations.
initial share, rounded up to the next unit where appro­
priate, to the extent that the amount in the reserve                               Article 7
allows.
                                                            The Commission shall keep account of the shares
2.     If, after its initial share has been exhausted, 90 % opened by Member States in accordance with Articles
or more of the second share drawn by that Member            2 and 3 and shall inform each of them of the extent to
State has been exhausted, it shall , in the manner          which the reserve has been used as soon as it receives
provided for in paragraph 1 , draw a third share equal      the notification.
to 7-5 % of its initial share.
                                                            The Commission shall, not later than 5 October 1983
3.     If, after its second share has been exhausted,       notify the Member States of the state of the reserve
90 % or more of the third share drawn by that               after the return of shares pursuant to Article 5.
Member State has been used up, it shall, in the
manner provided for in paragraph 1 , draw a fourth          The Commission shall ensure that any drawing which
share equal to the third.                                   uses up the reserve is limited to the balance available
                                                            and, for this purpose, shall specify the amount thereof
This process shall be applied until the reserve is          to the Member State which makes the final drawing.
exhausted.
                                                                                    Article 8
4.     By way of derogation from paragraphs 1 , 2 and 3,
Member States may draw smaller shares than those
fixed in those paragraphs if there is reason to believe      1 . Member States shall take all measures necessary
that those shares might not be used up. They shall          to ensure that supplementary shares drawn pursuant to
inform the Commission of their reasons for applying         Article 3 are opened in such a way that charges may
                                                            be made without interruption against their combined
this paragraph.                                             shares of the Community quota.
                             Article 4
                                                            2. Member States shall ensure that importers of the
                                                             said products                                 have free
                                                             access to the shares allocated to them or drawn from
Each of the additional shares drawn pursuant to              the reserve .
Article 3 shall be valid until 31 December 1983 ,
                                                             3.    The extent to which a Member State has used up
                                                             its share shall be determined on the basis of the
                             Article 5
                                                             imports of the products in question submitted to the
                                                             customs authorities under the cover of declarations
Member States shall return to the reserve, not later
                                                             that they have been made available for free circulation.
 than 1 October 1983, the unused portion of their
 initial share which, on 15 September 1983 is in excess
of 20 % of the initial amount. They may return a                                    Article 9
greater portion if there are grounds for believing that
such portion may not be used in full.                        At the request of the Commission, Member States
                                                             shall inform it of imports of the products in question
The Member States shall, not later than 1 October            actually charged against their shares.
 1983 notify the Commission of the total imports of
 the products concerned effected under and charged                                 Article 10
 against the Community quota up to and including 15
September 1 983 and, where appropriate, of the propor­       The Member States and the Commission shall
 tion of their initial shares that they are returning to     cooperate closely in order to ensure that this Regula­
 the reserve.                                                tion is complied with.
                             Article 6                                             Article II
 The Member States shall be authorized to divide the         This Regulation shall enter into force on 1 January
 shares allocated to them or which they have drawn            19S3 .
 ---pagebreak--- This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
                                                         For the Council
                                                           The President