CELEX: 51987PC0573
Language: en
Date: 1987-11-24
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for certain wine of designated origin falling within No ex 2204 21 25, ex 2204 21 29, ex 2204 21 35 or ex 2204 21 39 of the Combined Nomenclature and originating in Algeria (1988) (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 573
Vol. 1987/0282
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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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
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on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(87) 573 final
                                                     Brussels , 24 November 1987
                                     Proposal for a
                               COUNCIL REGULATION ( EEC )
opening , allocating and providing for the administration of a Community tariff
 quota for certain wine of designated origin falling within No ex 2204 21 25 ,
  ex 2204 21 29 , ex 2204 21 35 or ex 2204 21 39 of the Combined Nomenclature
                         and originating in Algeria ( 1988 )
                                         _            M              DEC. *.
                                                                     DEC . tea?
                                                              Sorti du
                                                              Sorti du
                                                        VA           Général
                            ( submitted by the Commission )
C0M(87 ) 573 final
 ---pagebreak---                             EXPLANATORY MEMORANDUM
1. The Cooperation Agreement between the Community and Algeria provides
   in Article 20 , as amended by the Additional Protocol to that Agreement
   consequent on the accession of Spain and Portugal , for the opening of
   an annual duty-free Community tariff quota for the import of 200 000
   hectolitres of certain wine of designated origin , in containers
   holding two litres or less , and falling within No ex 2204 21 25,
   ex 2204 21 29, ex 2204 21 35, or ex 2204 21 39 of the Combined
   Nomenclature .
   Within the limits of this tariff quota , Spain applies customs duties
   calculated in accordance with the Protocol to the EEC-Algeria
   Agreement consequent on the accession of Spain and Portugal . This
   Protocol also provides for Portugal to defer until 31 December 1990
   the application of the preferential arrangements for these products .
   Consequently , the above tariff quota does not apply to Portugal .
2. From the date of opening of the quota the nomenclature used in the
   Common Customs Tariff will be replaced by the Combined Nomenclature
   based on the International Convention on the Harmonized Commodity
   Description and Coding System .   This proposal must take account of
   that fact by indicating the Combined Nomenclature codes and , where
   appropriate , the TARIC code numbers of the products concerned .
3. The Commission realizes that the transposition of certain tariff
   concessions from the Common Customs Tariff to the Combined Nomenclature
   might raise problems which would need to be settled between the
   parties concerned .   It may therefore amend its proposal in the course
   of the procedure in order to adapt it , where necessary, to requirements .
4. The regulation makes provision - as is customary - for the division
   of the quota volume into two parts , the first of which is allocated
   by shares among all Member States , while the second constitutes a
   reserve .   The allocation of the first part is usually based on the
   statistical data for the last three years and on estimated needs
   for the period in question .
 ---pagebreak---                                   -2-
5. In this case neither Community nor national statistical data broken
   down according to the type of wine in question are available and no
   forecasts can be made .  In these circumstances initial shares should
   be established which take into account possible demande for such wine
   in each of the Member States .
6. It is proposed that the proposal for a Council Regulation opening the
   Community tariff quota described above should be approved .
 ---pagebreak---                                      NOTE
This proposal already takes into account the conclusion and implementation
by 1 January 1988 at the latest of an adaptation protocol consequent on the
accession of Spain and Portugal .
Should that prove not to be the case , the proposal must be amended so that
the regulation is applicable only in the Community as constituted on
31 December 1985 < for an amount of 450 000 hi .)
 ---pagebreak---                                      Proposal for
                              COUNCIL REGULATION ( EEC )
                                        of
opening , allocating and providing for the administration of a Community
tariff quota for certain wine of designated origin falling within
No ex 2204 21 2 % ex 2204 21 29, ex 2204 21 35 or ex 2204 21 39
of the Combined Nomenclature and originating in Algeria ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 113 thereof .
Having regard to the proposal from the Commission ,
Whereas the Cooperation Agreement between the European Economic Community
and the People 's Democratic Republic of Algeria ( 1 ) as amended by the
Additional Protocol to that Agreement consequent on the accession of
Spain and Portugal ( 2 ) provides that certain wine of designated origin
falling within No ex 2204 21 25 , ex 2204 21 29, ex 2204 21 35 or
ex 2204 21 39 of the Combined Nomenclature and originating in Algeria
shall be exempt from customs duties on import into the Community
within the Limits of a Commuinty tariff quota of 200 000 hectolitres ;
whereas the wine must be put up in containers holding two litres or less ;
whereas the wine must be accompanied either by a certificate of
designation of origin in accordance with the model given in Annex D to
the Agreement or, by way of derogation, by a document VI 1 or a VI 2
extract annotated in compliance with Article 9 of Regulation ( EEC )
No 3590 /85 (3 ) ;
Whereas , however , the Protocol to the Cooperation Agreement between the
European Community and the People 's Democratic Republic of Algeria
consequent on the accession of Spain and Portugal (4 ) provides for
Portugal to defer until 31 December 1990 the application of the
preferential arrangements for the products in question ; whereas ,
consequently, this regulation does not apply to Portugal ;          whereas the
Community tariff quota in question should be opened for 1988 ;
Whereas the wine in question is subject to observances of the free-at -
frontier reference price ; whereas , in order that such wine may benefit
from this tariff quota .       Article 54 of Regulation ( EEC ) No 822 /87 ( 5 )
as last amended by Regulation ( EEC) No 3390 /87 (6 ), must be complied with ;
Whereas from the date of opening of the quota the nomenclature used in
the Common Customs Tariff will be replaced by the Combined Nomenclature
based on the International Convention on the Harmonized Commodity Description
and Coding System .       Whereas this proposal must take account of that fact
by indicating the Combined Nomenclature codes and , where appropriate, the
TARIC code numbers of the products concerned .
 (1 )  0J No L 263 , 27 . 9.1978, p. 2
 (2 )  0J No L     ,            , p.
 (3 )  0J No L 343, 20.12.1985 ,  p. 20
 (4 )  0J No L     ,            , p.
 ( 5 ) OJ No L 84 , 27 . 3.1987, p. 1               *
 (6) 0J No L 133, 27 . 5.1987, p. 20
 ---pagebreak---                                     -2-
Whereas equal and continuous access to the quota should be ensured for all
Community importers and the rate laid down for the quota should be applied
consistently to all imports of the products in question into the Member
States until the quota is exhausted ; whereas , in the light of these
principles , allocation of the tariff quota among the Member States would
seem to preserve the Community nature of the quota ; whereas in order to
correspond as closely as possible to the real trend of the market for the
products in question the allocation should reflect the requirements of the
Member States based on statistics of imports of the said products from
Algeria during a representative reference period and on the economic
outlook for the quota period in question ;
Whereas in this case , however, neither Community nor national statistics
showing the breakdown for each type of wine in question are available and
no reliable forecasts of future imports can be made ; whereas in these
circumstances the quota volumes should be allocated in initial shares ,
account being taken of possible demand for such wine on the markets of
the various Member States ;
Whereas , to allow for the trend of imports of the products concerned in
the various Member States , the quota volume should be divided into two
parts , the first being allocated among the Member States and the second
held as a reserve to cover any subsequent requirements of Member States
which have used up their initial share ; whereas , to afford importers
in each Member State some degree of certainty , the first part of the
tariff quota should be set at a certain level , which in this case could
be 40 X of the quota volume ;
Whereas the initial shares of the Member States may be used up at different
rates ; whereas , in order to avoid any break in the continuity of supplies
on this account , it should be provided that any Member State which has
almost used up its initial share should draw an additional share from
the reserve ; whereas each time its additional share is almost used up a
Member State should draw a further share and so on as many times as the
reserve allows ; whereas the initial and additional shares must be valid
until the end of the quota period ; whereas this form of administration
requires close cooperation between the Member States and the Commission
and the latter must be able to monitor the extent to which the quota volume
has been used up and inform the Member States accordingly ;
Whereas if at a given date in the quota period a considerable quantity of
a Member State 's initial share remains unused , it is essential that the
Member State concerned should return a significant proportion thereof to
the reserve in order to prevent part of the Community tariff quota from
remaining unused in one Member State when it could be used in others ;
Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and
the Grand Duchy of Luxembourg are united within and jointly represented
by the Benelux Economic Union , any operation concerning the administration
of the quota shares allocated to that economic union may be carried out
by any one of its members ,
HAS ADOPTED THIS REGULATION :
 ---pagebreak---                                                 -3-
                                                   Article 1
 1.      From 1 January to 31 December 1988 the customs duties applicable
         in the Community , with the exception of Portugal , to imports of the
         following products shall be suspended at the level and within the
         limits of a Community tariff quota as shown below :
 Order No    Combined             Description                                       Amount of    Rate of
             Nomenclature                                                           tariff quota  duty
             No                                                                         ( hi )
                            Wine of fresh grapes , including
                             fortified wines , grape must
                            other than that of heading
                             No 20.09 :
             ex 220V 21 25 - White wine
 09.1000     ex 2204 21 29 - Other                                                    200 000       free
             ex 2204 21 3 5 - White wine
             ex 2204 21 39 - Other *,
                            - Wines entitled to one of the following designations
                              of origin:
                               Aïn Bessem-Bouira , Médéa , Coteaux du Zaccar,
                               Dahra , Coteaux de Mascara, Monts du Tessalah ,
                              Coteaux de Tlemcen , of an actual alcoholic
                              strength by volume not exceeding 15 % vol , in
                              containers holding two litres or less, originating in
                              Algeria
Within the limit of this tariff quota Spain shall apply customs duties
calculated in accordance with the relevant provisions of the Protocol
to the Cooperation Agreement between the European Economic Community and
the People 's Democratic Republic of Algeria consequent on the accession
of Spain and Portugal .                                                             ,
2.      The wine in question is subject to observance of the free-at -
        frontier reference price .
        The wine in question shall benefit from this tariff quota on condition
        that Article 54 of Regulation ( EEC ) No 822 /87 is complied with .
3.      Each wine , when imported , shall be accompanied either by a certificate
        of designation of origin , issued by the relevant Algerian authority
        or , by way of derogation , by a VI 1 document or a VI 2 extract
        annotated in compliance with Article 9 of Regulation ( EEC )
        No 3590 /85 , in accordance with the model annexed to this Regulation .
                                                   Article 2
1.      The Community tariff quota referred to in Article 1 shall be
        divided into two parts .
2.      The first part of the quota shall be allocated among the Member
        States ; the quota shares , which subject to Article 5 , shall be
        valid up to 31 December 1988 , shall be as follows :
                                                                 ( hectolitres )
       Benelux                                                        12 800
       Denaark                                                          7 760
       Geraany                                                        16 560
 ---pagebreak---             Greece                                        320
            Spain                                         880
            France                                     16 000
            Ireland                                     5 280
            Italy                                       7 600
            United Kingdom                             12 800
The second part of the quota , amounting to 120 000 hectolitres ,
shall constitute the reserve .
                                 Article 3
If a Member State has used 90 X or more of its initial share as
specified in Article 2 ( 1 ), or of that share less any portion
returned to the reserve pursuant to Article 5 , it shall forthwith
by notifying the Commission and to the extent that the reserve
so permits , draw a second share equal to 15 X of its initial
share , rounded up where necessary to the next whole number .
If , after its initial quota share has been used up , a Member State
has used 90 X or more of the second share as well , it shall
forthwith , using the procedure provided for in paragraph 1 , and to
the extent that the reserve so permits , draw a third share equal
to 7.5 X of its initial share .
If , after its second share has been used up , a Member State has
used 90 % or more of its third share , it shall , using the procedure
provided for in paragraph 1 , draw a fourth share equal to the
thi rd .
This process shall continue until the reserve is used up .
By way of derogation from paragraphs 1,2 and 3 , Member States may
draw smaller shares than those specified in the said paragraphs if
there is reason to believe that they might not be used in full .
Member States shall inform the Commission of their reasons for
applying this paragraph .
                                 Article 4
Additional shares drawn pursuant to Article 3 shall be valid until
31 December 1988 .
                                  Article 5
By 1 October 1988 at the latest Member States must return to the
 reserve the unused portion of their initial share which , on 15
 September 1988, is in excess of 20 X of the initial volume . They
may return a greater portion if there is reason to believe that it
might not be used .
 By 1 October 1988 at the latest Member States must notify the
 Commission of the total quantities of the product concerned
 imported on or before 15 September 1988 and charged against the
 Community quota and of any portion of their initial share that
 they are returning to the reserve .
 ---pagebreak---                                     -5-
                                        Article 6
The Commission shall keep account of the shares drawn by Member States
pursuant to Articles 2 and 3 and shall inform each Member State of the
extent to which the reserve has been used up as soon as it has been
notified .
It shall inform the Member States not later than 5 October 1988 of the state
of the reserve following any return of quota shares pursuant to Article 5 .
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 that
balance to the Member State making the final drawing .
                                        Article 7
1.     Member States shall take all appropriate measures to ensure that
       additional drawings of shares pursuant to Article 3 enable imports
       to be charged without interruption against their accumulated
       shares of the Community quota .
2.     Member States shall ensure that importers of the product concerned
       have free access to the quota shares allocated to them .
3.     Member States shall charge imports of the product concerned against
       their shares as and when the goods are entered with the customs
       authorities for free circulation .
4.     The extent to which a Member State has used up its shares shall be
       determined on the basis of the imports charged in accordance with
       paragraph 3 .
                                        Article 8
At the request of the Commission, Member States shall inform it of imports
actually charged against their quota shares .
                                        Article 9
The Member States and the Commission shall cooperate closely to ensure
that this Regulation is complied with .
                                       Article 10
This Regulation shall enter into force on 1 January 1988 .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,
                                                For the Council ,
                                                  The President
 ---pagebreak---                                                               -6-
         ANEX – BILAG – ANHANG – MAPAPTHMA – ANNEX – ANNEXE – ALLEGATO – BIJLAGl – ANEX^
 1 . j -1 -^.1 1 – Exporter – Exportateur :                       2             – Number – Numéro :
                                                                                                                  00000
                                                                  3 . (Name of authority guaranteeing the désignation of
                                                                      origin – Nom de l'organisme garantissant la déno¬
                                                                      mination d' origine)
 4 V-l *           J * – Consignée – Destinataire :
                                                                  5 VL*              _l » i Jt*-:
                                                                      CERTIFICATE OF DESIGNATA 4 OF ORIGIN
                                                                      CERTIFICAT D' APPELLATI ON ^ ORIGINE
 0 JfcJ I              – Means of transport – Moyen de
      transport :
                                                                  7 . ( Désignation of origin – Nom de la dénomination
                                                                      d' origine)
 B. t U* ^ * LJ K» – Place of unloading – Lieu de
     déchargement :
 g                      J     i f           £ ly* V I – Marks and numbers, number              iO f •••J '       * 11 . L_lj.
      and kind of packages – Marques et numéros , nombre et nature des colis :                     Gross weigfit        Litres
                                                                                                   Poi < ; brut         Litres
12 i LJ. - J ) I ■     I _ 1 – Litres ( in words) – Litres ( en lettres):
13 .
       4|.    1 1 A'J ^ 1 1 A  • I – Certificate of the issuing authority – Vis ., de I'organisme emetteur :
14 dj L*J I              l – Customs stamp – Visa de la
       douane :
                                                                 ( See the translation under No 15 – Voir traduction au n°
                                                                 15 )
 ---pagebreak---                                                                  -7-
  15. We hereby certify that the wine described in this certificate is wine produced within the wine district of
       . and is considered by Algerian legislation as entitled to the designation of origin ' .
      The alcohol added to this wine is alcohol of vinous origin .
      Nous certifions que le vin décrit dans ce certificat a été produit dans la zone de . et est reconnu ,
      suivant la loi algérienne, comme ayant droit è la dénomination d' origine < . ».
      L' alcool ajouté à ce vin est de l' alcool d' origine vinique .
  16. 0
   èj        1        1       ij    l '–• L        Ajf IjhsJ I 4
C ) Space resarved for additlonal details given in the exporting country.
0 Case réservée pour d' autres indications du pays exportateur.