31973R1681

27 . 6 . 73 Official Journal of the European Communities. No L 170/9

REGULATION (EEC) No 1681 / 73 OF THE COUNCIL of 18 June 1973 opening, allocating and providing for the administration of a Community tariff quota for Setubal muscatel wines, falling within subheading ex 22.05 of the Common Customs / Tariff, originating in Portugal

THE COUNCIL OF THE EUROPEAN COMMUNITIES, curately the actual development of the market in the products concerned, such allocation should be in pro­ portion to the needs of the Member States, assessed Having regard to the Treaty establishing the Euro­ by reference both to the statistics of each States's im­ pean Economic Community and in particular Articles ports from Portugal over a representative period and 43 and 113 thereof ; to the economic outlook for the quota period con­ cerned ; Having regard to the proposal from the Commission ;

Whereas available Community statistics give no in­ Having regard to the Opinion of the European Par­ formation on the situation of Setubal muscatel liament ; wines on the markets ; whereas , however, Portu­ guese statistics for exports of these products to the Community during the past few years can be consid­ Whereas Article 4 of Protocol No 8 to the Agreement ered to reflect approximately the situation of between the European Economic Community and the Community imports ; whereas on this basis the Portuguese Republic (*) provides that customs duties corresponding imports by each of the Member on imports into the Community of Setubal muscatel States represent the following percentages of the wines originating in Portugal, falling within subhead­ imports into the Community from Portugal of the ings Nos ex 22.05 C III a ) 1 , ex 22.05 C III a ) 2 aa ), products concerned : 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 % up to a total annual tariff quota of 3 000 hi ; where­ 1969 1970 1971 as, however, under Article 6 of Protocol No 8 and Article 59 of the Act concerning the Conditions of Accession and the Adjustments to the Treaties ( 2), Germany 33-1 39-8 12-1 the first quota period is to run only from 1 July to Benelux 38-8 20-7 6-3 31 December 1973 , and the reduction in duties is — — France 0-1 limited to 20 °/o ; whereas this reduction applies, in — — Italy 0-1 the case of the Community as originally constituted, Denmark 9-6 14-5 28-6 to the Common Customs Tariff duties and , in the case of the new Member States , to such duties as Ireland 7-0 7-9 17-5 these Member States apply at any given moment to United Kingdom 11-5 17-1 35-3 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 cate­ gories specified at present enjoy exemption from Whereas it is in particular necessary to ensure to all customs duties in Denmark ; whereas the applica­ Community importers equal and uninterrupted access tion of Article 6 of the abovementioned Protocol to the abovementioned quota and uninterrupted ap­ No 8 involves a zero duty ; whereas , therefore, plication of the rates laid down for that quota to all there is no reason in this cas'e to make provision for imports of the products concerned into all Member the participation by Denmark in the allocation of States until the quota has been used up ; whereas, the Community tariff quotas in question ; whereas 'having regard to the principles mentioned above, the it is nevertheless necessary to make provision for Community nature of the quota can be respected by the possibility of Denmark, in the course of the allocating the Community tariff quota among the quota period, effecting an accelerated alignment Member States ; whereas , in order to reflect most ac­ with the Common Customs Tariff under Article 59 (4) of the Act of Accession ; whereas the possi­ bility for this Member State to draw a share from (*) OJ No L 301 , 31 . 12 . 1972, p . 165 . the reserve if necessary enables this possible develop­ (2) OJ No L 73 , 27. 3 . 1972, p . 14 . ment to be taken into account ;

No L 170/ 10 Official Journal of the European Communities 27. 6. 73

Whereas, in view of these data and the estimates the abovementioned 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 36-0 Benelux 31-4 Article 1 France 1-2 Italy 1 -2 1 . For the period from 1 July 1973 to 31 Ireland 10-5 December 1973 , a Community tariff quota of 3 000 hi shall be opened within the European Economic United Kingdom 19 7 Community for Setubal muscatel wines originating in Portugal, falling within subheadings Nos ex 22.05 C III a) 1 , ex 22.05 C I'll a) 2 aa), ex 22.05 C IV a) and Whereas-, in order to take into account import ex 22.05 C IV a ) 2 aa ) of the Common Customs trends for the products concerned in the different Tariff. Member States, the quota amount should be divided into two instalments, the first instalment being allocated among the Member States and the 2. The Common Customs Tariff duties appli­ second forming a reserve intended ultimately to cable to wines imported within this tariff quota cover the requirements of the Member States which shall be suspended at the rates listed below : have used up their initial quota shares ; whereas, in order to ensure a certain degree of security to im­ porters in each Member State, the first instalment of CCT heading No Rate of duty the Community quota should be determined at a level which, under present circumstances, may be ex 22.05 C III a ) 1 10-8 u.a. /hl 90 °/o 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 used up almost the whole of its initial quota share 3 . The customs duties to be applied to these should draw an additional quota share from the wines by Ireland and the United Kingdom shall be reserve ; whereas this must be done by each such duties as those States apply at any given Member State when each of its additional quota moment to imports from third countries, less 20 °/o. shares is almost entirely used up, and repeated as many times as the reserve allows ; whereas the initial 4. These tariff quotas shall be allocated and and additional quota shares must be available for administered as provided hereunder. use until the end of the quota period ; whereas this method of administration calls for close coopera­ tion between Member States and the Commission, Article 2 which must, in particular, be able to observe the extent to which the quota amount is used and 1 . The tariff quota referred to in Article 1 shall inform Member States thereof ; be divided into two instalments .

Whereas, if, at a specified date in the quota period, 2 . A first instalment, amounting to 2 700 hecto­ a considerable balance remains in one or other litres, shall be shared among the Member States ; the Member State it is essential that that Member State shares which, subject to Article 5 , shall be valid until 31 December 1973 shall consist of the pays a large amount of it back into the reserve, in order to avoid a part of the Community quota following amounts : remaining unused in one Member State when it (in hectolitres) could be used in others ; Germany 970 Benelux 850 Whereas, since the Kingdom of Belgium, the France 30 Kingdom of the Netherlands and the Grand Duchy Italy 30 of Luxembourg are united in and represented by the Ireland 290 Benelux Economic Union , all transactions concerning the administration of shares granted to United Kingdom 530

27 . 6 . 73 Official Journal of the European Communities No L 170/ 11

3 . The second instalment, amounting to 300 Article 5 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 4 . If Denmark effects an accelerated alignment November 1973 , return to the reserve the unused with the Common Customs Tariff as regards wines portion of this share in excess of 20 °/o of the initial of the categories specified in Article 1 , it may, if amount. It may return a larger quantity if there are necessary draw an appropriate share from the reasons to consider that such quantity might not be used . reserve, to the extent that the amounts still available in this reserve so allow . Denmark shall take the The Member States shall, not later than 30 necessary steps to inform importers of this possi­ November 1973, notify the Commission of the bility . total imports of the products concerned effected up to 15 November 1973 inclusive and charged against the Community quota and, where appropriate, the Article 3 proportion of their initial shares that is being returned to the reserve .

1 . If 90 °/o or more of the initial share of a Article 6 Member State as laid down in Article 2 (2 ), or 90 %> or more of that share less the amount returned into The Commission shall keep account of the shares the reserve, where the provisions of Article 5 have opened by Member States in accordance with Arti­ been applied, has been exhausted, that Member cles 2 and 3 and shall inform each of them of the State shall proceed without delay, by notifying the extent to which the reserve has been used as soon Commission, to draw a second share equal to 15 %> as it receives the notifications . of its initial share, rounded up to the next unit where appropriate, to the extent that the amount in The Commission shall , not later than 5 December 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 or more of the second share drawn by a The Commission shall ensure that any drawing Member State has been used , that Member State which uses up the reserve is limited to the balance shall proceed in the manner specified in paragraph available and, for this purpose, shall specify the 1 to draw a third share equal to 7-5 °/o of its initial amount thereof to the Member State which makes share, rounded up to the next unit where appropriate, the final drawing. 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 measures to ensure that, when additional shares are Member State has been used, that Member State drawn pursuant to Article 3 , it is possible for shall proceed, in the manner specified in paragraph charges to be made without interruption against 1 , to draw a fourth share equal to the third. their accumulated shares of the Community tariff quota . This process shall be applied until the reserve is exhausted . 2. The Member States shall guarantee to importers 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 used up . They shall inform the Commission of the for Customs clearance under cover of declarations reasons which led them to apply this paragraph . that they have been made available for consump­ tion .

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

No L 170/ 12 Official Journal of the European Communities 27 . 6 . 73

Article9¶

The Member States and the Commission shall coop­ erate closely in order to ensure that the provisions This Regulation shall enter into force on 1 July of this Regulation are observed. 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