Council Regulation (EEC) No 1516/91 of 31 May 1991 opening and providing for the administration of Community tariff quotas for quality wines produced in the specified regions of Jerez, Málaga, Jumilla, Priorato, Rioja and Valdepeñas (1991/92)

COUNCIL REGULATION (EEC) No 1516/91  of 31 May 1991  opening and providing for the administration of Community tariff quotas for quality wines produced in the specified regions of Jerez, Málaga, Jumilla, Priorato, Rioja and Valdepeñas (1991/92)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Act of Accession of Spain and Portugal, and in particular Articles 30 and 75 thereof,
Having regard to the proposal from the Commission,
Whereas, pursuant to Articles 30 and 75 of the Act of Accession, the duties applicable on the import into the Community, as constituted on 31 December 1985, of the following quality wines from Spain shall be progressively abolished within the limits of  Community tariff quotas:
- 358 120 hectolitres quality wines produced in the specified region of Jerez in containers holding two litres or less, falling within CN codes ex 2204 21 41 and ex 2204 21 51,
- 435 000 hectolitres quality wines produced in the specified region of Jerez in containers holding more than two litres falling within CN codes ex 2204 29 41 and ex 2204 29 51,
- 15 000 hectolitres quality wines produced in the specified region of Málaga in containers holding two litres or less, falling within CN codes ex 2204 21 49 and ex 2204 21 59, and
- 22 008 hectolitres quality wines produced in the specified regions of Jumilla, Priorato, Rioja and Valdepeñas, in containers holding two litres or less, falling within CN codes ex 2204 21 21, ex 2204 21 23, ex 2204 21 31, ex 2204 21 33 and ex 2204 21  49;
Whereas, however, with regard to the quality wines produced in the specified region of Jerez, in order to fulfil better the requirements of the common market, a single overall tariff quota of 793 120 hectolitres should be opened;
Whereas these duties are reduced to 25 % of the basic duties on 1 January 1991 and to 12,5 % of the basic duties on 1 January 1992; whereas, by way of derogation from Article 30 of the Act of Accession, Regulation (EEC) No 4161/87 (1) lays down  consequent on the entry into force of the combined nomenclature, the basic duties to be adopted within the Community as constituted on 31 December 1985 for the purpose of calculating the successive reductions provided for in the Act of Accession of  Spain and Portugal; whereas, therefore, to establish the duties applicable on the imports of these wines Community tariff quotas should be opened for the period from 1 July 1991 to 30 June 1992 for the abovementioned wines at duties as shown in the list  in Article 1;
Whereas Council Regulation (EEC) No 3792/85 of 20 December 1985 laying down the arrangements applying to trade in agricultural products between Spain and Portugal (2) provides for particular rules for the import into Portugal of the products in question  coming from Spain; whereas, consequently, the Community tariff quotas are only applicable in the Community as constituted on 31 December 1985;
Whereas, pursuant to Commission Regulation (EEC) No 2573/90 of 5 September 1990 totally suspending certain customs duties applicable by the Community of Ten to imports from Spain and Portugal (3), the said duties are, as concerns the products referred  to in Annex II to the Treaty, totally suspended once they reach a level of 2 % or less; whereas it is therefore necessary to apply a duty equal to zero where the value of the specific customs duties does not exceed 2 % ad valorem;
Whereas equal and continuous access to the quotas should be ensured for all Community importers and the rates laid down for the quotas should be applied consistently to all imports of the products in question into all Member States until the quotas are  exhausted; whereas they should not be allocated among the Member States, without prejudice to the drawing against the quota volumes of such quantities as they may need, under conditions and according to a procedure laid down in Article 3; whereas this  method of administration requires close cooperation between the Member States and the Commission;
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 contingents may be  carried out by any one of its members,