31973R1680

27. 6 . 73 Official Journal of the European Communities No L 170/5

REGULATION (EEC) No 1680/73 OF THE COUNCIL of 18 June 1973 opening, allocating and providing for the administration of a Community tariff quota for Madeira wines falling within subheading ex 22.05 of the Common Customs Tariff, originating in Portugal

THE COUNCIL OF THE EUROPEAN COMMUNITIES, concerned, such allocation should be in proportion to the needs of the Member States, assessed by refer­ ence both to the statistics of each State's imports Having regard to the Treaty establishing the Euro­ pean Economic Community, and in particular Arti­ from Portugal over a representative period and to cles 43 and 113 thereof ; the economic outlook for the quota period concer­ ned ; Having regard to the proposal from the Commis­ sion ; Whereas available Community statistics give no information on the situation of Madeira wines on Having regard to the Opinion of the European Parli­ the markets -, whereais, however, Portuguese statis­ ament ; tics for exports of these products to the Community during the last few years can be considered to Whereas Article 4 of Protocol No 8 to the Agree­ reflect approximately the situation of Community ment between the European Economic Community imports ; whereas on this basis the corresponding and the Portuguese Republic (*) provides that imports by each of tihe Member States during the customs duties on imports into the Community of last three years represent tihe following percentages Madeira wines originating in Portugal, falling of the imports into the Community from Portugal within subheadings Nos ex 22.05 C III a) 1 , ex 22.05 of the products concerned : C III a) 2 aa), 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 °/o up to a total annual 1969 1970 1971 tariff quota of 15 000 hil ; whereas, however, under Auricle 6 of Protocol No 8 and Amide 59 of the Act concerning the Conditions o,f Accession and the Germany 18-2 21-4 22-3 Adjustments to the Treaties (2 ), the first quota Benelux 12-5 12-6 14-6 period is to irun only from 1 July to 31 December France 41.6 40-2 38-6 1973 , and the reduction in duties is limited to Italy 0-3 1-2 0-9 20 % ; whereas this reduction applies, in the case of Denmark 17-3 15-9 13-8 the Community as originally constituted, to the Ireland 0-1 — 0-1 Gommon Customs Tariff duties and , in the case of the new Member States , to such duties as these United Kingdom 10-0 8-7 9· 7 States apply at any given moment to 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 categories specified at present enjoy Whereas it is An particular necessary to ensure to all exemption from customs duties in Denmark ; Community importers equal and uninterrupted whereas the application of Article 6 of the access to the abovemenitioned quota and uninter­ abovementioned Protocol No 8 involves a zero rupted application of the rates laid down for that duty ; whereas^, therefore, there is no reason in this quota to all imports of the products concerned into case to make provision for the participation by alll Member States until the quota has been used Denmark in the allocation of the Community tariff up ; whereas , having regard to the principles quota in question ; whereas it is nevertheless necess­ mentioned above, the Community nature of the ary to make provision for the possibility of quota can be respected by allocating the Commu­ Denmark , in the course of the quota period, nity tariff quota among the Member States ; effecting an accelerated alignment with the whereas, in order to reflect most accurately the Common Customs Tariff under Article 59 (4 ) of actual development of the market in the products the Act of Accession ; whereas the possibility for this Member State to draw a share from the reserve if necessary enables this possible development to be (*) OJ No L 301 , 31 . 12 . 1972, p . 165 . ( 2) OJ No L 73 , 27. 3 . 1972 , p . 14 . taken .into account ;

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

Whereas, in view of these data and the estimates the ab ovementio ned 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 23-5 Benelux 15-3 Article 1 France 47-0 Italy 1*2 1 . For the period from 1 July 1973 to 31 Ireland 1-2 December 1973 , a Community tariff quota of 15 000 hi shall be opened within the European United Kingdom 11-8 Economic Community, for Madeira originating in Portugal, falling within subheadings Nos ex 22.05 C III a ) 1 , ex 22.05 C III a ) 2 aa), ex 22.05 C IV a ) 1 Whereas, in order to take into account import and ex 22.05 C IV a) 2 aa) of the Common Customs trend's for the products concerned in the different Tariff. Member States, the quota amount should be divided into two installments , the first instalment being allo­ cated among the Member States and the second 2. The Common Customs Tariff duties appli­ forming a reserve intended ultimately to cover the cable to wines imparted within this tariff quota shall be suspended at the rates listed bdlow : requirements of the Member States which have used up their initial quota shares ; whereas, in order to ensure a certain degree of security to importers in each Member State, the first instalment of the CCT heading No Rate of duty Community quota should be determined at a level which, under present circumstances, may be 90 °/o ex 22.05 C III a) 1 10-8 u.a. /hl 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 3 . The customs duties to be applied to these used up almost the whole of its initial quota share wines by Ireland and the United Kingdom shall be should draw an additional quota share from the such duties as those States apply at any given reserve ; whereas this must be done by each moment to imports from third countries, less 20 % . Member State when each of its additional quota shares is almost entirely used up, and repeated as many times as the reserve allows ; whereas the 4. This tariff quota shall be allocated and admin­ initial and additional quota shares must be avail­ istered as provided hereunder. able for use until the end of the quota period ; whereas this method of administration calls for Article 2 close cooperation between Member States and the Commission, which must, in particular, be able to 1 . The tariff quota referred to in Article 1 shall observe the extent to which the quota amount is be divided into two instalments . used and inform Member States thereof ;

2. A first instalment, amounting to 13 500 hecto­ Whereas if, at a specified date in the quota period, a considerable balance of the initial share remains in litres of this quota, shall be shared among the Member States ; the shares which, subject to Article one or other Member State it is essential that that 5 shall be valid until 31 December 1973 , shall Member State pays a large amount of it back into consist of the following amounts : the reserve, in order to avoid a part of the Commu­ nity quota remaining unused in one Member State {in hectolitres) when it could be used in others ; Germany 3 170 Benelux 2 070 Whereas, since the Kingdom of Belgium, the France 6 340 Kingdom of the Netherlands and the Grand Duchy Italy 160 of Luxembourg are united in and represented by the Benelux Economic Union , all transactions Ireland 160 concerning the administration of shares granted to United Kingdom 1 600

27 . 6 . 73 Official Journal of the European Communities No L 170/7

3 . The second installment of the quota, Article 5 amounting to 1 500 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 November 1973 , return the unused portion of this 4. If Denmark effects an accelerated alignment share in excess of 20 °/o of the initial amount. It with the Common Customs Tariff as regands wines may return a larger quantity if there are reasons to of the categories specified in Article 1 , it may, if consider that such quantity might not be used. necessary, draw an appropriate share from the reserve, to the extent chat the amounts stiilil available The Member States shall, not later than 30 in this reserve so allow. Denmark .shall take the November 1973 , notify the Commission of the total necessary steps to inform importers of this possi­ imports of the products concerned effected up to 15 bility. November 1973 inclusive and charged against the Community quota and, where appropriate, the proportion of their initial share that is being Article 3 returned to the reserve.

1 . If 90 °/o or more of die initial share of a Article 6 Member State, as laid down in Article 2 (2 ), or 90 °/o or more of that share less the amount The Commission shall keep account of the shares returned into the reserve, where the provisions of opened by Member States in accordance with Articles Article 5 have been applied, has been exhausted, 2 and 3 and shall inform each of them of the extent that Member State shall proceed without delay, by to which the reserve has been used as soon as it re­ notifying the Commission, to draw a second share ceives the notifications . equal to 15 °/o of its initial share, rounded up to the next unit where appropriate, to the extent that the The Commission shall , not later than 5 December amount in 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 olf the second sihare drawn by a Member State The Commission shall ensure that any drawing which has been used, that Member State 'shall proceed, in uses up the reserve is limited to the balance available tihe manner specified in paragraph 1 , to draw a and, for this purpose, shall specify the amount thereof third share equal to 7-5 °/o of its initial share to the Member State which makes the final drawing. rounded up to the next unit where appropriate, 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 Member State has been used, that Member State measures to ensure that, when additional shares are shall proceed, in the manner specified in paragraph drawn pursuant to Article 3 , it is possible for char­ 1 , to draw a fourth share equal to the third . ges to be made, without interruption , against their accumulated shares of the Community tariff quota.

This process shall be applied until the reserve is 2 . The Member States shall guarantee to importers exhausted . 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 for used up. They shall inform the Commission of the customs clearance under cover of declarations that reasons which led them to apply this paragraph . they have been made available for consumption .

Article 8 Article 4 Member States shall inform the Commission at regu­ The additional shares drawn pursuant to Article 3 lar intervals of imports of the products concerned shall be valid until 31 December 1973 . actually charged against their shares .

No L 170 / 8 Official Journal of the European Communities 27 . 6 . 73

Article 9 Article 10 The Member States and the Commission shall co­ This Regulation shall enter into force on 1 July 1973 . operate closely in order to ensure that the provisions of this Regulation are observed .

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