31973R3610
No L 365 / 176 Official Journal of the European Communities 31 . 12 . 73
REGULATION (EEC) No 3610/73 OF THE COUNCIL of 27 December 1973
opening, allocating and providing for the administration of Community tariff quotas for port wines falling within subheading No ex 22.05 of the Common Customs Tariff, originating in Portugal
THE COUNCIL OF THE EUROPEAN COMMUNITIES , whereas, having regard to the principles mentioned above, the Community nature of the quotas can be Having regard to the Treaty establishing the respected by allocating the Community tariff quota European Economic Community, and in particular among the Member States ; whereas, in order to Articles 43 and 113 thereof; reflect most accurately the actual development of the market in the products concerned, such allocation Having regard to the proposal from the Commission ; should be in proportion to the needs of the Member Having regard to the Opinion of the European States, assessed by reference both to the statistics of Parliament ; each State's imports from Portugal over a represen tative period and to the economic outlook for the Whereas Article 4 of Protocol No 8 to the quota period concerned; Agreement ( 1 ) between the European Economic Community and the Portuguese Republic provides Whereas available Community statistics give no that customs duties on imports into the Community information on the situation of port wines on the of certain wines originating in Portugal, shall be markets ; whereas, however, Portuguese statistics for reduced : exports of these products to the Community during the past few years can be considered to reflect — by 60 % in the case of the duties applicable to port wines falling within subheading Nos ex approximately the situation of Community imports ; 22.05 C III a) 1 and ex 22.05 C IV a ) 1 of the whereas on this basis the corresponding imports by Common Customs Tariff, up to a total annual each of the Member States represent the following tariff quota of 20 000 hi ; and percentages of the imports into the Community from Portugal of the products concerned : — by 50 % in the case of the duties applicable to port wines falling within subheading Nos ex (in hectolitres 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 1970 1971 1972 tariff quota of 285 000 hi ;
Whereas, however, under Article 6 of Protocol No 8 Port Wines : and Article 59 of the Act (2 ) concerning the — In receptacles containing Conditions of Accession and the Adjustments to the two litres or less : Treaties, the rate of reduction to be applied to the — Germany 19-4 16-3 15-7 duties for port wines is limited to 40 % only ; — Benelux 10-2 12-8 11-7 whereas this reduction applies, in the case of the Community as originally constituted, to the Common — France 35-1 33-8 30-9 Customs Tariff duties and, in the case of the new 27-4 27-5 27-5 — Italy Member States, to such duties as these States apply at — Denmark 2-4 2-2 2-1 any given moment to imports from third countries ; — Ireland 0-3 0-2 0-2 whereas these wines will remain subject to the provisions governing the common organization of the — United Kingdom 4-9 7-2 11-9 market in wine ; — In receptacles containing more than two litres : Whereas it is in particular necessary to ensure to all — Germany 9-2 9-4 8-7 Community importers equal and uninterrupted access — Benelux 14-8 15-3 15-0 to the abovementioned quotas and uninterrupted application of the rates laid down for these quotas to — France 45-2 44-8 43-2 all imports of the products concerned into all — Italy 0-0 0-0 0-0 Member States until the quotas have been used up ; — Denmark 6-2 5-5 6-1 — Ireland 1-7 1-6 1 -6 — United Kingdom 22-9 23-4 25-4 C ) OJ No L 301 , 31 . 12 . 1972, p. 165 . (2) OJ No L 73 , 27. 3 . 1972 , p. 14 .
31 . 12. 73 Official Journal of the European Communities No L 365/177
Whereas, in view of these data and the estimates order to avoid a part of one or other of the submitted by certain Member States, initial quota Community quotas remaining unused in one Member shares may be fixed approximately at the following State when it could be used in others ; percentages : Whereas, since the Kingdom of Belgium, the Port wines in receptacles containing Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the Two litres More than Benelux Economic Union, all transactions concerning or less two litres the administration of shares granted to the abovementioned Economic Union may be carried out by any of its members, Germany 16-8 90 Benelux 11-7 15-1 France 32-8 44-3 Italy 27-5 0-1 HAS ADOPTED THIS REGULATION : Denmark 2-2 5-9 Ireland 0-2 1-6 United Kingdom 8-8 24-0 Article 1
1 . For the period from 1 January 1974 to 31 December 1974, Community tariff quotas shall be Whereas, in order to take into account import trends opened within the Community for products for the products concerned in the different Member originating in Portugal, and within the limits listed States, each of the quota amounts should be divided below : into two instalments, the first instalment being allocated among the Member States and the second forming a reserve intended ultimately to cover the CCT heading No Description Quota volume requirements of the Member States which have used up their initial quota shares ; whereas, in order to ex 22.05 C III a) 1 ensure a certain degree of security to importers in ■ Port wines 20 000 hi each Member State, the first instalment of the ex 22.05 C IV a) 1 Community quotas should be determined at a level which, under present circumstances, may be 90 % of ex 22.05 C III a) 2 aa) 285 000 hi each of the quota amounts; ex 22.05 C IV a) 2 aa) j Port wines
Whereas the initial quota shares of the Member States may be used up at different times; whereas, in 2 . The Common Customs Tariff duties on wines order to take this fact into account and avoid any break in continuity, any Member State having used imported within these tariff quotas shall be up almost the whole of any one of its initial quota suspended at the rates listed below : shares should draw an additional quota share from the corresponding reserve ; whereas this must be done by CCT heading No Rate of duty each 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 initial ex 22.05 C III a) 1 8 ·1 u.a. /hl and additional quota shares must be available for use ex 22.05 C IV a) 1 8-7 u.a./hl until the end of the quota period ; whereas this method of administration calls for close cooperation ex 22.05 C III a) 2 aa) 6*6 u.a. /hl between Member States and the Commission, which ex 22.05 C IV a) 2 aa) 7 Ί u.a. /hl must, in particular, be able to observe the extent to which the quota amounts are used and inform Member States thereof ;
3 . Within the limits of these tariff quotas, the new Whereas if, at a specified date in the quota period, a Member States shall apply the duties calculated in considerable balance remains in one or other accordance with the relevant provisions set out in Member State it is essential that that Member State Protocol No 8 annexed to the Agreement and in the pays a large amount of it back into the reserve, in Act of Accession .
No L 365 / 178 Official Journal of the European Communities 31 . 12 . 73
4. These tariff quotas shall be allocated and 3 . If, after one of its second shares has been administered as provided hereunder. exhausted, 90 % or more of the third share drawn by a Member State has been used, that Member State Article 2 shall proceed in the manner specified in paragraph 1 , to draw a fourth share equal to the third. 1. The tariff quotas laid down in Article 1 shall be divided into two instalments . This process shall be applied until the reserve is exhausted .
2. The first instalment shall be shared among the 4. Notwithstanding paragraphs 1 , 2 and 3 , the Member States ; the shares which, subject to Article 5 , Member States may proceed to draw shares smaller shall be valid until 31 December 1974 shall consist of than those fixed in those paragraphs if there is any the following amounts : reason to believe that those shares might not be used up . They shall inform the Commission of the reasons (in hectolitres) which led them to apply this paragraph. Port wines under subheadings ex 22.05 C III a) 1 ex 22.05 C III a) 2 aa) Article 4 and and ex 22.05 C IV a) 1 ex 22.05 C IV a) 2 aa) Each of the additional shares drawn pursuant to Germany 3 020 23 000 Article 3 shall be valid until 31 December 1974. Benelux 2 100 38 500 France 5 900 112 900 Article 5 Italy 4 950 300 Denmark 400 15 000 If, by 15 September 1974, a Member State has not used up its initial shares, it shall, not later than 10 Ireland 40 4100 October 1974, return to the reserve the unused United portion of those shares in excess of 20 % of the Kingdom 1590 61 200 initial amount. It may return a larger quantity if there are reasons to consider that such quantity might not Total 18 000 255 000 be used.
The Member States shall, not later than 10 October 1974 notify the Commission of the total imports of 3 . The second instalment of each quota, 2 000 the products concerned effected up to 15 September hectolitres and 30 000 hectolitres respectively, shall 1974 inclusive, and charged against the Community constitute the reserve . quotas and, where appropriate, the proportion of their initial shares that is being returned to each reserve . Article 3
1 . If 90 % or more of one of the initial shares 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 reserve, where the provisions of Article 5 have The Commission shall keep account of the shares been applied, has been exhausted, that Member State opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the extent shall proceed without delay, by notifying the Commission, to draw a second share equal to 15 % to which the reserves have been used as soon as it of its initial share, rounded up to the next unit where receives the notifications . appropriate, to the extent that the amount in the reserve allows . The Commission shall, not later than 15 October 1974, notify Member States of the amount in each 2. If, after one or other of its initial shares have reserve after the return of shares pursuant to Article 5 . been exhausted, 90 % or more of the second share drawn by a Member State has been used, that Member State shall proceed in the manner specified The Commission shall ensure that any drawing in paragraph 1 to draw a third share equal to 7-5 % which uses up any reserve is limited to the balance of its initial share, rounded up to the next unit available and, for this purpose, shall specify the where appropriate, to the extent that the amount in amount thereof to the Member State which makes the reserve allows . the final drawing.
31 . 12 . 73 Official Journal of the European Communities No L 365 / 179
Article7¶
1 . The Member States shall take all appropriate Member States shall inform the Commission at measures to ensure that, when additional shares are regular intervals of imports of the products drawn pursuant to Article 3 , it is possible for charges concerned actually charged against their shares. to be made, without interruption, against their accumulated shares of the Community tariff quotas. Article 9
2. The Member States shall ensure that importers The Member States and the Commission shall of the said goods established in their territory have cooperate closely in order to ensure that the free access to the shares allocated to them. provisions of this Regulation are observed.
3 . The extent to which a Member State has used Article 10 up its shares shall be determined on the basis of the imports originating in Portugal as and when the This Regulation shall enter into force on 1 January goods are entered for home use. 1974 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 27 December 1973 .
For the Council
The President Ove GULDBERG