CELEX: 31985R1526
Language: en
Date: 1985-05-23 00:00:00
Title: Council Regulation (EEC) No 1526/85 of 23 May 1985 opening, allocating and providing for the administration of Community tariff quotas for Madeira wines falling within heading No ex 22.05 of the Common Customs Tariff and originating in Portugal (1985/86)

8.6 . X5                                      Official Journal of the European Communities                            No L 150 / 33
                                           COUNCIL REGULATION ( EEC) No 1526/85
                                                             of 23 May 1985
              opening, allocating and providing for the administration of Community tariff quotas
              for Madeira wines falling within heading No ex 22.05 of the Common Customs Tariff
                                                  and originating in Portugal ( 1985/86 )
THE COUNCIL OF THE EUROPEAN                                              Whereas it is in particular necessary to ensure for all
COMMUNITIES,                                                             Community importers equal and uninterrupted access
                                                                         to the abovementioned quotas and uninterrupted
Having regard to the Treaty establishing the                             application of the rates laid down for these quotas to
European Economic Community, and in particular                           all imports of the products concerned into all
Article 113 thereof,                                                     Member States until the quotas have been used up ;
                                                                         whereas, having regard to the above principles, the
                                                                         Community nature of the quotas can be respected by
Having regard to the proposal from the Commission,                       allocating the Community tariff quota among the
                                                                         Member States ; whereas, in order to reflect as
Whereas Article 9 of the Supplementary Protocol (')                      accurately as possible the true trend of the market in
to the Agreement between the European Economic                           the products concerned, such allocation should be in
Community and the Portuguese Republic (2), com­                          proportion to the requirements of the Member States,
pleted by Council Regulation (EEC) No 2370/ 81 of                        calculated by reference to the statistics of each State's
27 July 1981 laying down the arrangements applicable                     imports from Portugal over a representative reference
to trade between Greece and Portugal (3), provides                       period and also to the economic outlook for the
that customs duties on imports into the Community                        quota period concerned ;
of certain wines originating in Portugal shall be
reduced :
                                                                         Whereas available Community statistics give no infor­
                                                                         mation on the situation of Madeira wines on the
— by 60 % in the case of the duties applicable to
    Madeira wines falling within subheadings ex 22.05                    markets ; whereas , however, Portuguese statistics for
    C III a) 1 and ex 22.05 C IV a) 1 of the Common                      exports of these products to the Community during
    Customs Tariff, up to a total annual tariff quota                    the past three years can be considered to reflect
    of 4 050 hectolitres,                                                approximately the situation of Community imports ;
                                                                         whereas , on this basis, the corresponding imports by
— by 50 % in the case of the duties applicable to                        each of the Member States for the past three years
    Madeira wines falling within subheadings ex 22.05                    represent the following percentages of the imports
    C III b) 1 and ex 22.05 C IV b) 1 of the Common                      into the Community from Portugal of the products
                                                                         concerned :
    Customs Tariff, up to a total annual tariff quota
    of 14 500 hectolitres ;
                                                                                                       1981       1982     1983
Whereas Portugal has given an assurance that the
price for wines originating in its territory will not be                 Madeira wines :
lower than the reference price less the customs duties                   — in containers holding    \\
actually charged ; whereas , as a result thereof, the                        two litres or less :             \
wines covered by those tariff quotas should be treated                       Benelux                   42,5      39,2      27,5
                                                                             Denmark                    6,0        6.0       7,0
in the same manner as wines granted preferential
                                                                             Germany                    7,2        2,7       8,2
tariff concessions , provided the free-at-frontier                           Greece                     2,2      —         —
reference price is observed ; whereas such wines                             France                     2,2        1,5       0,3
benefit from the tariff concessions only if the                              Ireland                I-I            1,3     —
provisions of Article 18 of Council Regulation (EEC)                         Italy                     32,3       11.4       9,1
                                                                             United Kingdom             7,6      37,9      47,9
No 337 / 79 (4), as last amended by Regulation (EEC)
No 775 / 85 (5), are respected ; whereas those                           — in containers holding    Il
provisions apply to imports under these quotas ;                             more than two litres : Il
                                                                             Benelux                   13,6       13,9      10,3
                                                                             Denmark                    6,7        6.0       5,9
                                                                             Germany                   13,3       14.9      15,5
                                                                             Greece                    —         —         —
O   OJ  No L 348 , 31 . 12 . 1979 , p . 44 .                                 France                    55,6      52.7      56,3
O   OJ  No L 301 , 31 . 12 . 1972 , p . 165 .                                Ireland                   —         —         —
O   OJ  No L 236 , 21 . 8 . 1981 , p . 1 .                                   Italy                     —         —         —
                                                                             United Kingdom            10,8       12,5      12,0
O   OJ  No L 54, 5 . 3 . 1979 , p . 1 .
O   OJ  No L 88 , 28 . 3 . 1985 , P . 1 .
 ---pagebreak--- No L 150/ 34                            Official Journal of the European Communities                                    8 . 6. 85
Whereas, in view of these data and the estimates                   reserve, to prevent a part of any Community quota
submitted by certain Member States, initial quota                  from remaining unused in one Member State when it
shares my be fixed approximately at the following                  could be used in others ;
percentages :
                              Madeira wines in containers
                                                                   Whereas, since the Kingdom of Belgium, the
                                        holding :                  Kingdom of the Netherlands and the Grand Duchy
      Member States                                                of Luxembourg are united within and jointly
                             two litres           more than        represented by the Benelux Economic Union, any
                               or less            two litres
                                                                   operation relating to the administration of shares
                                                                   allocated to that economic union may be carried out
Benelux                         36,6                12,5           by any one of its members,
Denmark                          6.3                 6,2
Germany                          6,0                14,4
                                                                   HAS ADOPTED THIS REGULATION :
Greece                           0,8                 0,1
France                           1.4                54,9
Ireland                          0,4                 0,1                                     Article 1
Italy                           17,9                 0,1
                                                                   1 . From 1 July 1985 to 30 June 1986 , Community
United Kingdom                  30,6                11,7           tariff quotas shall be opened in the Community for
                                                                   products originating in Portugal within the limits set
                                                                   out below :
                                                                                                                      (hectolitres)
Whereas, in order to take into account import trends
for the products concerned in the various Member                             CCT
                                                                                              Description           Quota
States, the quota volumes should be divided into two                      heading No                               amount
instalments , the first being shared among the Member
States and the second constituting a reserve to cover
at a later date the requirements of the Member States
                                                                   ex
                                                                   ex
                                                                       22.05
                                                                       22.05
                                                                              C
                                                                              C
                                                                                III a)
                                                                                IV a)
                                                                                        1
                                                                                        1  ^ Madeira wines          4 050
which have used up their initial quota shares ;
whereas, in order to give importers in each Member
                                                                   ex
                                                                   ex
                                                                       22.05
                                                                       22.05
                                                                              C
                                                                              C
                                                                                III b)
                                                                                IV b)
                                                                                        1
                                                                                        1  ^ Madeira wines         14 500
State a certain degree of security, the first instalment
of the Community quotas should, under the present
circumstances, be fixed at 90 % of each of the quota               2.     The Common Customs Tariff duties on wines
volumes ;                                                          imported within these tariff quotas shall be suspended
                                                                   at the rates set out below :
                                                                                                                        (ECU/hl)
                                                                                    CCT
Whereas the Member States' initial shares may be                                heading No
                                                                                                           Rate of duty
used up at different times ; whereas, in order to take
this fact into account and avoid any break in
                                                                   ex  22.05  C  III a) 1                      6,5
continuity, any Member State which has almost used
                                                                   ex  22.05  C  IV a)   1                     7,0
up its initial share should draw an additional share
                                                                   ex  22.05  C  III b) 1                      6,6
from the corresponding reserve ; whereas this must be
                                                                   ex  22.05  C IV b)    1                     7,2
done by each Member State as and when each of its
additional shares is almost used up, and repeated as
many times as the reserve allows ; whereas the initial
and additional shares must be valid until the end of               Within these tariff quotas , Greece shall apply customs
the quota period ; whereas this method of adminis­                 duties calculated in accordance with the relevant
tration requires close cooperation, between Member                 provisions of the 1979 Act of Accession and of Regu­
States and the Commission, and the latter must be in               lation (EEC) No 2370 / 81 .
a position to monitor the extent to which the quota
volumes have been used up and to inform Member
States thereof;                                                    3 . The wines shall benefit from these tariff quotas
                                                                   only if Article 18 (3) and (4) of Regulation (EEC) No
                                                                   337/ 79 is respected .
Whereas if, at a given date in the quota period , a                                          Article 2
substantial quantity of an initial share remains unused
in any Member State it is essential that that Member                1.     The tariff quotas referred to in Article 1 shall be
State should return a significant proportion to the                divided into two instalments .
 ---pagebreak--- 8.6.85                                   Official Journal of the European Communities                            No L 150 / 35
2. A first instalment of each quota shall be shared                  believe that they might not be used up. It shall inform
among the Member States ; the respective shares,                     the Commission of its reasons for applying this
which subject to Article 5 shall be valid until 30 June              paragraph.
1986 shall be as follows :
                                                       (hectolitres)                          Article 4
                            Madeira wines under subheadings :        Each of the additional shares drawn pursuant to
       Member States      ex 22.05 C III a) 1 ex 22.05 C III b) 1
                                                                     Article 3 shall be valid until 30 June 1986 .
                                  and                 and
                          ex 22,05 C IV a) 1 ex 22.05 C IV b) 1
                                                                                              Article 5
Benelux                          1 335               1 635
Denmark                            230                  810          The Member States shall return to the reserve, not
                                                                     later than 1 April 1986 , such unused portion of their
Germany                            220               1 880
                                                                     initial share as, on 15 March 1986, is in excess of
Greece                              30                   15
                                                                     20 % of the initial volume. They may return a larger
France                              50               7 180           quantity if there are grounds for believing that it
Ireland                             15                   15          might not be used.
Italy                              655                   15
United Kingdom                   1 115               1 530           The Member States shall , not later than 1 April 1986,
                                                                     notify the Commission of the total quantities of the
                  Total          3 650              13 080
                                                                     products concerned imported up to 15 March 1986
                                                                     and charged against the Community quotas and of
                                                                     any quantities returned to the reserve .
3 . The second instalment of each quota, 400 and
1 420 hectolitres respectively, shall constitute, the                                         Article 6
reserve .
                                                                     The Commission shall keep an account of the shares
                         Article 3                                   opened by the Member States pursuant to Articles 2
                                                                     and 3 and shall , as soon as it is notified, inform each
1.     If 90 % or more of one of a Member State's                    State of the extent to which the reserves have been
initial shares as specified in Article 2 (2), or of that             used up.
share minus the portion returned to the reserve,
where Article 5 is applied, has been used up, then , to
the extent permitted by the amount of the reserve,                   It shall, not later than 5 April 1986, inform the
                                                                     Member States of the amount in each reserve after
that Member State shall forthwith, by notifying the
Commission, draw a second share equal to 10 % of                     the return of quantities pursuant to Article 5 .
its initial share, rounded up where necessary to the
next unit.                                                           The Commission shall ensure that any drawing which
                                                                     uses up any reserve is limited to the balance available
2.     If, after one of its initial shares has been used             and , to this end, shall specify the amount thereof to
up, 90 % or more of the second share drawn by a                      the Member State which makes the final drawing.
Member State has been used up, then, to the extent
permitted by the amount of the reserve, that Member
State shall , in accordance with the conditions laid                                          Article 7
down in paragraph 1 , draw a third share equal to
5 % of its initial share, rounded up where necessary                  1.    The  Member States shall take all measures
to the next unit.                                                    necessary to ensure that additional shares drawn
                                                                     pursuant to Article 3 are opened in such a way that
3.     If, after one of its second shares has been used              imports may be charged without interruption against
up, 90 % or more of the third share drawn by a                       their accumulated shares of the Community tariff
Member State has been used up, that Member State                     quotas .
shall , in accordance with the conditions laid down in
paragraph 1 , draw a fourth share equal to the third.
                                                                     2 . The Member States shall ensure that importers
This process shall continue until the reserve is used                of the products concerned have free access to the
up .                                                                 shares allocated to them .
4 . By way of derogation from paragraphs 1 , 2 and
3 , a Member State may draw shares smaller than                      3.     The extent to which a Member State has used
those fixed in those paragraphs if there is reason to                up its shares shall be determined on the basis of the
 ---pagebreak--- No L 150 / 36                       Official Journal of the European Communities                               8.6.85
imports of the products concerned originating in                                       Article 9
Portugal and entered with customs authorities for              The    Member    States   and   the Commission    shall
free circulation .
                                                               cooperate closely in order to ensure that this Regu­
                       Article 8
                                                               lation is complied with.
At the Commission's request Member States shall                                        Article 10
inform it of imports of the products concerned
actually charged against their shares.                         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