CELEX: 31973R1681
Language: en
Date: 1973-06-18 00:00:00
Title: Regulation (EEC) No 1681/73 of the Council of 18 June 1973 opening, allocating and providing for the administration of a Community tariff quota for Setubal muscatel wines, falling within subheading ex 22.05 of the Common Customs Tariff, originating in Portugal

27. 6 . 73                              Official Journal of the European Communities.                           No L 170/9
                                REGULATION (EEC) No 1681/73 OF THE COUNCIL
                                                         of 18 June 1973
              opening, allocating and providing for the administration of a Community tariff quota
              for Setubal muscatel wines, falling within subheading ex 22.05 of the Common Customs /
                                                 Tariff, originating in Portugal
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            curately the actual development of the market in the
                                                                     products concerned, such allocation should be in pro­
                                                                     portion to the needs of the Member States, assessed
Having regard to the Treaty establishing the Euro­                   by reference both to the statistics of each States's im­
pean Economic Community and in particular Articles                   ports from Portugal over a representative period and
43 and 113 thereof ;                                                 to the economic outlook for the quota period con­
                                                                     cerned ;
 Having regard to the proposal from the Commission ;
                                                                     Whereas available Community statistics give no in­
 Having regard to the Opinion of the European Par­                   formation on      the situation of Setubal      muscatel
 liament ;                                                           wines on the markets ; whereas, however, Portu­
                                                                     guese statistics for exports of these products to the
                                                                     Community during the past few years can be consid­
 Whereas Article 4 of Protocol No 8 to the Agreement                 ered to reflect approximately the situation of
 between the European Economic Community and the                     Community imports ; whereas on this basis the
 Portuguese Republic (*) provides that customs duties                corresponding imports by each of the Member
 on imports into the Community of Setubal muscatel                   States represent the following percentages of the
  wines originating in Portugal, falling within subhead­              imports into the Community from Portugal of the
  ings Nos ex 22.05 C III a ) 1 , ex 22.05 C III a) 2 aa),           products concerned :
ex 22.05 C IV a) 1 and ex 22.05 C IV a) 2 aa) of the
 Common Customs Tariff are to be reduced by 30 %
 up to a total annual tariff quota of 3 000 hi ; where­                                                   1969   1970    1971
 as, however, under Article 6 of Protocol No 8 and
Article 59 of the Act concerning the Conditions of
 Accession and the Adjustments to the Treaties (2),                  Germany                              33-1   39-8    12-1
the first quota period is to run only from 1 July to                 Benelux                              38-8   20-7     6-3
31 December 1973 , and the reduction in duties is                    France                                —      —
                                                                                                                          0-1
limited to 20 °/o ; whereas this reduction applies, in
                                                                     Italy                                                0-1
the case of the Community as originally constituted,
                                                                                                           —      —
 to the Common Customs Tariff duties and, in the                     Denmark                               9-6   14-5    28-6
 case of the new Member States, to such duties as                    Ireland                               7-0    7-9    17-5
 these Member States apply at any given moment to                    United Kingdom                       11-5   17-1    35-3
 imports from third countries ; whereas these wines
 will remain subject to the provisions governing the
 common organization of the market in wine ;
                                                                     Whereas imports from Portugal of wines of the cate­
                                                                     gories specified at present enjoy exemption from
 Whereas it is in particular necessary to ensure to all              customs duties in Denmark ; whereas the applica­
 Community importers equal and uninterrupted access                  tion of Article 6 of the abovementioned Protocol
 to the abovementioned quota and uninterrupted ap­                   No 8 involves a zero duty ; whereas, therefore,
 plication of the rates laid down for that quota to all              there is no reason in this cas'e to make provision for
 imports of the products concerned into all Member                   the participation by Denmark in the allocation of
 States until the quota has been used up ; whereas,                  the Community tariff quotas in question ; whereas
'having regard to the principles mentioned above, the                it is nevertheless necessary to make provision for
 Community nature of the quota can be respected by                   the possibility of Denmark, in the course of the
 allocating the Community tariff quota among the                     quota period, effecting an accelerated alignment
 Member States ; whereas, in order to reflect most ac­               with the Common Customs Tariff under Article
                                                                     59 (4) of the Act of Accession ; whereas the possi­
                                                                     bility for this Member State to draw a share from
 (*) OJ No L 301 , 31 . 12 . 1972, p . 165 .                         the reserve if necessary enables this possible develop­
 (2) OJ No L 73 , 27. 3 . 1972, p . 14 .                             ment to be taken into account ;
 ---pagebreak---   No L 170/ 10                   Official Journal of the European Communities                                  27. 6. 73
 Whereas, in view of these data and the estimates          the abovementioned Economic Union                   may      be
 submitted by certain Member States, initial quota         carried out by any of its members ;
 shares may be fixed approximately at the following
 percentages :
                                                           HAS ADOPTED THIS REGULATION :
 Germany                                           36-0
 Benelux                                           31-4
                                                                                      Article 1
 France                                             1-2
 Italy                                              1 -2   1.     For the period from 1 July 1973 to 31
 Ireland                                           10-5    December 1973 , a Community tariff quota of 3 000
                                                            hi shall be opened within the European Economic
United Kingdom                                     19 7    Community for Setubal muscatel wines originating
                                                           in Portugal, falling within subheadings Nos ex 22.05
Whereas-, in order to take into account import
                                                           C III a) 1 , ex 22.05 C I'll a) 2 aa), ex 22.05 C IV a) and
trends for the products concerned in the different          ex 22.05 C IV a) 2 aa) of the Common Customs
                                                            Tariff.
Member States, the quota amount should be
divided into two instalments, the first instalment
being allocated among the Member States and the            2.     The Common Customs Tariff duties appli­
second forming a reserve intended ultimately to            cable to wines imported within this tariff quota
cover the requirements of the Member States which           shall be suspended at the rates listed below :
have used up their initial quota shares ; whereas, in
order to ensure a certain degree of security to im­
porters in each Member State, the first instalment of              CCT heading No                    Rate of duty
the Community quota should be determined at a
level which, under present circumstances, may be
                                                            ex 22.05 C III a ) 1                     10-8 u.a./hl
90 °/o of the quota amount ;
                                                            ex 22.05 C III a) 2 aa )                  8-8 u.a./hl
                                                            ex 22.05 C IV a ) 1                      11-6 u.a./hl
Whereas the initial quota shares of the Member
                                                            ex 22.05 C IV a ) 2 aa )                  9·6 u.a./hl
States may be used up at different times ; whereas,
in order to take this fact into account and avoid
any break in continuity, any Member State having
used up almost the whole of its initial quota share        3.     The customs duties to be applied to these
should draw an additional quota share from the             wines by Ireland and the United Kingdom shall be
reserve ; whereas this must be done by each                such duties as those States apply at any given
Member State when each of its additional quota             moment to imports from third countries, less 20 °/o.
shares is almost entirely used up, and repeated as
many times as the reserve allows ; whereas the initial    4. These tariff quotas shall be allocated and
and additional quota shares must be available for          administered as provided hereunder.
use until the end of the quota period ; whereas this
method of administration calls for close coopera­
tion between Member States and the Commission,                                       Article 2
which must, in particular, be able to observe the
extent to which the quota amount is used and               1.     The tariff quota referred to in Article 1 shall
inform Member States thereof ;                             be divided into two instalments .
Whereas, if, at a specified date in the quota period,     2 . A first instalment, amounting to 2 700 hecto­
a considerable balance remains in one or other             litres, shall be shared among the Member States ; the
Member State it is essential that that Member State        shares which, subject to Article 5 , shall be valid
pays a large amount of it back into the reserve, in        until    31   December      1973   shall   consist     of  the
order to avoid a part of the Community quota              following amounts :
remaining unused in one Member State when it
                                                                                                          (in hectolitres)
could be used in others ;
                                                                 Germany                                        970
                                                                 Benelux                                        850
Whereas, since the Kingdom of Belgium, the                       France                                           30
Kingdom of the Netherlands and the Grand Duchy
of Luxembourg are united in and represented by the               Italy                                            30
Benelux      Economic     Union,    all   transactions           Ireland                                        290
concerning the administration of shares granted to               United Kingdom                                 530
 ---pagebreak---  27. 6 . 73                          Official Journal of the European Communities                            No L 170/ 11
3.     The second instalment, amounting to 300                                            Article 5
hectolitres, shall constitute the reserve.
                                                                If, by 15 November 1973 , a Member State has not
                                                                used up its initial share, it shall, not later than 30
4.      If Denmark effects an accelerated alignment             November 1973, return to the reserve the unused
with the Common Customs Tariff as regards wines                 portion of this share in excess of 20 °/o of the initial
of the categories specified in Article 1 , it may, if           amount. It may return a larger quantity if there are
necessary draw an appropriate share from the                    reasons to consider that such quantity might not be
reserve, to the extent that the amounts still available         used .
in this reserve so allow . Denmark shall take the
necessary steps to inform importers of this possi­              The     Member States        shall, not later  than   30
bility .                                                        November 1973, notify the Commission of the
                                                                 total imports of the products concerned effected up
                                                                to 15 November 1973 inclusive and charged against
                                                                 the Community quota and, where appropriate, the
                          Article 3                             proportion of their initial shares that is being
                                                                 returned to the reserve .
1.     If 90 °/o or more of the initial share of a
Member State as laid down in Article 2 (2), or 90 %>                                      Article 6
or more of that share less the amount returned into
the reserve, where the provisions of Article 5 have              The Commission shall keep account of the shares
been applied, has been exhausted, that Member                    opened by Member States in accordance with Arti­
                                                                 cles 2 and 3 and shall inform each of them of the
State shall proceed without delay, by notifying the              extent to which the reserve has been used as soon
Commission, to draw a second share equal to 15 %>                as it receives the notifications .
of its initial share, rounded up to the next unit
where appropriate, to the extent that the amount in              The Commission shall, not later than 5 December
the reserve allows .
                                                                 1973 , notify Member States of the amount in the
                                                                 reserve after the return of shares pursuant to Article
                                                                 5.
2.     If, after its initial share has been exhausted,
90 °/o or more of the second share drawn by a                    The Commission shall ensure that any drawing
Member State has been used, that Member State                    which uses up the reserve is limited to the balance
shall proceed in the manner specified in paragraph               available and, for this purpose, shall specify the
1 to draw a third share equal to 7-5 °/o of its initial          amount thereof to the Member State which makes
share, rounded up to the next unit where appropriate,            the final drawing.
to the extent that the amount in the reserve allows .
                                                                                          Article 7
3.     If, after its second share has been exhausted,            1.     The Member States shall take all appropriate
90 °/o or more of the third share drawn by a                     measures to ensure that, when additional shares are
Member State has been used, that Member State                    drawn pursuant to Article 3 , it is possible for
shall proceed, in the manner specified in paragraph              charges to be made without interruption against
1 , to draw a fourth share equal to the third.                   their accumulated shares of the Community tariff
                                                                quota .
This process shall be applied until the reserve is
exhausted .                                                     2.     The Member States shall guarantee to importers
                                                                of the products concerned established in their terri­
                                                                tory free access to the shares allocated to them .
4.     Notwithstanding paragraphs 1 , 2 and 3 , the
Member States may proceed to draw shares smaller                3.     The extent to which the Member States ' shares
than those fixed in those paragraphs, if there is               have been used up shall be recorded on the basis of
reason to believe that those shares might not be                the imports originating in Portugal and presented
used up. They shall inform the Commission of the                for Customs clearance under cover of declarations
reasons which led them to apply this paragraph .                that they have been made available for consump­
                                                                tion .
                                                                                          Article 8
                          Article 4
                                                                Member States       shall  inform   the Commission     at
The additional shares drawn pursuant to Article 3               regular intervals of imports of the products
shall be valid until 31 December 1973 .                         concerned actually charged against their shares.
 ---pagebreak--- No L 170/ 12                     Official Journal of the European Communities                       27. 6 . 73
                       Article 9                                                  Article 10
The Member States and the Commission shall coop­
erate closely in order to ensure that the provisions        This Regulation shall enter into force on 1 July
of this Regulation are observed.                            1973 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Luxembourg, 18 June 1973 .
                                                                      For the Council
                                                                        The President
                                                                         A. LAVENS