31973R1679

27 . 6 . 73 Official Journal of the European Communities No L 170/ 1

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 1679/73 OF THE COUNCIL of 18 June 1973 opening, allocating and providing for the administration of Community tariff quotas for port wines falling within subheading ex 22.05 of the Common Customs Tariff, originating in Portugal

THE COUNCIL OF THE EUROPEAN COMMUNITIES , July to 31 December 1973 and the reduction in dutes is limited to 20 % ; whereas this reduction applies, in the case of the Community as originally Having regard to the Treaty establishing the Euro­ constituted, to the Common Customs Tariff duties pean Economic Community, and in particular Arti­ and, in the case of the new Member States, to such cles 43 and 113 threof ; duties as these States apply at any given moment to imports from third countries ; whereas these wines Having regard to the proposal from the Commis­ will remain subject to the provisions governing the sion ; common organization of the market in wine ;

Having regard to the Opinion of the European Par­ liament ; Whereas it is in particular necessary to ensure to all Community importers equal and uninterrupted access to the abovementioned quotas and uninter­ Whereas Article 4 of Protocol No 8 to the Agree­ rupted application of the rates laid down for these ment between the European Economic Community quotas to all imports of the products concerned into and the Portuguese Republic (*) provides that all Member States until the quotas have been used customs duties on imports into the Community of up ; whereas, having regard to the principles certain wines originating in Portugal , shall be re­ mentioned above, the Community nature of the duced : quotas can be respected by allocating the Commu­ nity tariff quota among the Member States ; — by 60 % in the case of the duties applicable to whereas , in order to reflect most accurately the port wines falling within subheadings Nos ex actual development of the market in the products 22.05 C III a) 1 and ex 22.05 C IV a) 1 of the concerned, such allocation should be in proportion Common Customs Tariff, up to a total annual to the needs of the Member States, assessed by refer­ tariff quota of 20 000 hi ; and ence both to the statistics of each State 's imports from Portugal over a representative period and to — by 50 °/o in the case of the duties applicable to the economic outlook for the quota period con­ port wines falling within subheadings Nos ex cerned ; 22.05 C III a ) 2 aa ) and ex 22.05 C IV a ) 2 aa ) of the Common Customs Tariff up to a total annual tariff quota of 285 000 hi ; Whereas available Community statistics give no information on the situation of port wines on the Whereas, however, under Article 6 of Protocol No 8 markets ; whereas, however, Portuguese statistics and Article 59 of the Act concerning the Conditions for exports of these products to the Community of Accession and the Adjustments to the Trea­ during the past few years can be considered to ties ( 2), the first quota period is to run only from 1 reflect approximately the situation of Community imports ; whereas on this basis the corresponding imports by each of the Member States represent the H OJ No L 301 , 31 . 12 . 1972 , p . 165 . (2 ) OJ No L 73 , 27 . 3 . 1972, p . 14 . following percentages of the imports into the

No L 170/2 Official Journal of the European Communities 27 . 6 . 73

Community from Portugal of the products con­ Port wines in receptacles cerned : containing

Two litres More than or less two litres in hectolitres

19 69 1970 1971 Germany 18 -6 9-6 Benelux 11-6 16-2 France 3'6-5 48-0 Port Wines : Italy 27-4 0-1 — in receptacles containing two Ireland 0-2 1-8 litres or less United Kingdom 5-7 24-3 — Germany 19-6 19-4 16-3 — Benelux 9-9 10-2 12-8 — France 39-8 35-1 33-8 — Italy 23-6 27-4 27-5 Whereas , in order to take into account import — Denmark 3-1 2-4 2-2 trends for the products concerned in the different Member States , each of the quota amounts should — Ireland 0-0 0-3 0-2 be divided into two instalments , the first instalment — United Kingdom 3-6 4-9 7-2 being allocated among the Member States and the second forming a reserve intended ultimately to — in receptacles containing more than two litres cover the requirements of the Member States which 8-4 9-2 9-4 have used up their initial quota shares ; whereas, in — Germany order to ensure a certain degree of security to impor­ — Benelux 15-8 14-8 15-3 ters in each Member State, the first instalment of — France 45-9 45-2 44-8 the Community quotas should be determined at a — Italy 0-0 0-0 0-0 level which, under present circumstances , may be — Denmark 5-7 6-2 5-5 90 % of each of the quota amounts ; — Ireland 1-9 1-7 1-6 — United Kingdom 22-3 . 22-9 23-4 Whereas the initial quota shares of the Member States may be used up at different times ; whereeas, in order to take this fact into account and avoid any break in continuity, any Member State having used up almost the whole of any one of its initial quota shares should draw an additional quota share Whereas imports from Portugal of wines of the cate­ from the corresponding reserve ; whereas this must gories specified at present enjoy exemption from be done by each Member State when each of its customs duties in Denmark ; whereas the applica­ additional quota shares is almost entirely used up, tion of Article 6 of the abovementioned Protocol and repeated as many times as the reserve allows ; No 8 involves a zero duty ; whereas, therefore, whereas the initial and additional quota shares must there is no reason in this case to make provision for be available for use until the end of the quota the participation by Denmark in the allocation of period ; whereas this method of administration calls the Community tariff quotas in question ; whereas for close cooperation between Member States and it is nevertheless necessary to make provision for the Commission , which must, in particular, be able the possibility of Denmark , in the course of the to observe the extent to which the quota amounts quota period, effecting an accelerated alignment are used and inform Member States thereof ; with the Common Customs Tariff under Article 59 (4) of the Act of Accession ; whereas the possibility for this Member State to draw a share from the Whereas if, at a specified date in the quota period, a considerable balance remains in one or other reserve if necessary enables this possible develop­ Member State it is essential that that Member State ment to be taken into account ; pays a large amount of it back into the reserve , in order to avoid a part of one or other of the Community quotas remaining unused in one Member State when it could be used in others ; Whereas, in view of these data and the estimates submitted by certain Member States, initial quota shares may be fixed approximately at the Whereas , since the Kingdom of Belgium , the following percentages : Kingdom of the Netherlands and the Grand Duchy

27. 6 . 73 Official Journal of the European Communities No L 170/3

of Luxembourg are united in and represented by the 5 , shall be valid until 31 December 1973 shall Benelux Economic Union, all transactions consist of the following amounts : concerning the administration of shares granted to the abovementioned Economic Union may be in hectolitres carried out by any of its members ; Port wines under subheadings

ex 22.05 C III a) 1 ex 22.05 C III a) 2 aa) and and ex 22.05 C IV a) 1 ex 22.05 C IV a) 2 aa) HAS ADOPTED THIS REGULATION : Germany 3 350 24 580 Benelux 2 090 41 470 Article 1 France 6 570 122 880 Italy 4 930 250 1 . For the period from 1 July 1973 to 31 Ireland 40 4 610 December 1973 , Community tariff quotas shall be opened within the European Economic Community United Kingdom 1020 62 210 for products originating in Portugal, and within the limits listed below :

Total 18 000 256 000

CCT heading No Description Quota volume

3 . The second instalment of each quota, 2 000 ex 22.05 C III a) 1 20 000 hi hectolitres and 29 000 hectolitres respectively, shall ex 22.05 C IV a) 1 j Port wines constitute the reserve.

ex 22.05 C III a) 2 aa) 285 000 hi ex 22.05 C IV a) 2 aa) j Port wines 4. If Denmark effects an accelerated alignment

with the Common Customs Tariff as regards wines of the categories specified in Article 1 , it may, if necessary, draw an appropriate share from the 2 . The Common Customs Tariff duties on wines reserve, to the extent that the amounts still available imported within these tariff quotas shall be in this reserve so allow . Denmark shall take the suspended at the rates listed below : necessary steps to inform importers of this possi­ bility.

CCT heading No Rate of duty Article 3 ex 22.05 C III a) 1 10-8 u.a. /hl ex 22.05 C IV a) 1 11-6 u.a./hl 1 . If 90 %> or more of one of the initial shares of ex 22.05 C III a) 2 aa ) 8-8 u.a. /hl a Member State, as laid down in Article 2 (2) or ex 22.05 C IV a) 2 aa) 9 -6 u.a. /hl 90 °/o or more of that share less the amount returned into the reserve, where the provisons of Article 5 have been ' applied, has been exhausted, that Member State shall proceed without delay, by notify­ 3 . The customs duties to be applied to these ing the Commission, to draw a second share wines by Ireland and the United Kingdom shall be equal to 15 % of its initial share, rounded up to the such duties as those States apply at any given next unit where appropriate, to the extent that the moment to imports from third countries, less 20 %>. amount in the reserve allows .

4. These tariff quotas shall be allocated and 2 . If, after one or other of its initial shares have administered as provided hereunder. been exhausted , 90 °/o or more of the second share drawn by a Member State has been used, that Member State shall proceed in the manner specified Article 2 in paragraph 1 to draw a third share equal to 7-5 °/o of its initial share, rounded up to the next unit 1 . The tariff quotas laid down in Article 1 shall where appropriate, to the extent that the amount in be divided into two instalments . the reserve allows .

2 . The first instalment shall be shared among the 3 . If, after one of its second shares has been Member States ; the shares which, subject to Article exhausted , 90 °/o or more of the third share drawn

No L 170/4 Official Journal of the European Communities 27 . 6 . 73

by a Member State has been used, that Member reserve after the return of shares pursuant to State shall proceed in the manner specified in para­ Article 5 . graph 1 , to draw a fourth share equal to the third. The Commission shall ensure that any drawing This process shall be applied until the reserve is which uses up any reserve is limited to the balance exhausted . available and, for this purpose, shall specify the amount thereof to the Member State which makes 4. Notwithstanding paragraphs 1 , 2 and 3 , the the final drawing. Member States may proceed to draw shares smaller than those fixed in those paragraphs if there is any Article 7 reason to believe that those shares might not be used up. They shall inform the Commission of the 1 . The Member States shall take all appropriate reasons which led them to apply this paragraph. measures to ensure that, when additional shares are drawn pursuant to Article 3 , it is possible for Article 4 charges to be made, without interruption, against their accumulated shares of the Community tariff Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1973 . quotas .

2. The Member States shall guarantee to impor­ Article 5 ters of the products concerned established in their territory free access to the shares allocated to them . If, by 15 November 1973 , a Member State has not used up its initial shares, it shall, not later than 30 3 . The extent to which the Member States ' shares November 1973 , return to the reserve the unused have been used up shall be recorded on the basis of portion of those shares in excess of 20 °/o of the the imports originating in Portugal and presented initial amount. It may return a larger quantity if for customs clearance under cover of declarations there are reasons to consider that such quantity that they have been made available for consump­ might not be used. tion . The Member States shall, not later than 30 November 1973 , notify the Commission of the Article 8 total imports of the products concerned effected up to 15 November 1973 inclusive, and charged against Member States shall inform the Commission at the Community quotas and, where appropriate, the regular intervals of imports of the products proportion of their initial shares that is being concerned actually charged against their shares. returned to each reserve .

Article 9 Article 6 The Member States and the Commission shall co­ The Commission shall keep account of the shares operate closely in order to ensure that the provisions opened by Member States in accordance with Arti­ of this Regulation are observed. cles 2 and 3 and shall inform each of them of the extent to which the reserves have been used as soon as it receives the notifications . Article 1 0

The Commission shall, not later than 5 December This Regulation shall enter into force on 1 July 1973, notify Member States of the amount in each 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