31973R3611

No L 365 / 180 Official Journal of the European Communities 31 . 12 . 73

REGULATION (EEC) No 3611/73 OF THE COUNCIL of 27 December 1973

opening, allocating and providing for the administration of a Community tariff quota for Madeira wines falling within subheading No ex 22.05 of the Common Customs Tariff, originating in Portugal

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas available Community statistics give no information on the situation of Madeira wines on the markets; whereas, however, Portuguese statistics for Having regard to the Treaty establishing the exports of these products to the Community during European Economic Community, and in particular the last few years can be considered to reflect Articles 43 and 113 thereof; approximately the situation of Community imports ; whereas on this basis the corresponding imports by Having regard to the proposal from the Commission ; each of the Member States during the last three years represent the following percentages of the imports Having regard to the Opinion of the European into the Community from Portugal of the products Parliament ; concerned :

Whereas Article 4 of Protocol No 8 to the Agreement (*) between the European Economic Community and the Portuguese Republic provides 1970 1971 1972 that customs duties on imports into the Community of Madeira wines originating in Portugal, falling within subheading Nos ex 22.05 C III a) 1 , ex 22.05 C Germany 21-4 22-3 23-5 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 Benelux 12-6 14-6 11-9 by 30 % up to a total annual tariff quota of 15 000 France 40-2 38-6 40-9 hi ; whereas this reduction applies, in the case of the Italy 1-2 0-9 0-7 Community as originally constituted, to the Common Customs Tariff duties and, in the case of the new Denmark 15-9 13-8 13-6 Member States, to such duties as these States apply at — — Ireland 0-1 any given moment to imports from third countries ; whereas these wines will remain subject to the United Kingdom 8-7 9-7 9-4 provisions governing the common organization of the market in wine ;

Whereas it is in particular necessary to ensure to all Whereas, in view of these data and the estimates Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted submitted by certain Member States, initial quota application of the rates laid down for that quota to shares may be fixed approximately at the following all imports of the products concerned into all percentages : Member States until the quota has been used up ; whereas, having regard to the principles mentioned Germany 22 above, the Community nature of the quota can be respected by allocating the Community tariff quota among the Member States ; whereas, in order to Benelux 13 reflect most accurately the actual development of the market in the products concerned, such allocation France 40 should be in proportion to the needs of the Member States, assessed by reference both to the statistics of 1 Italy each State's imports from Portugal over a representative period and to the economic outlook Denmark 14 for the quota period concerned;

Ireland 1

(x) OJ No L 301 , 31 . 12. 1972, p . 165 . United Kingdom 9

31.12 . 73 Official Journal of the European Communities No L 365 / 181

Whereas, in order to take into account import trends 2. The Common Customs Tariff duties applicable for the products concerned in the different Member to wines imported within this tariff quota shall be States, the quota amount should be divided into two suspended at the rates listed below : instalments, the first instalment being allocated among the Member States and the second forming a reserve intended ultimately to cover the requirements CCT heading No Rate of duty 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, ex 22.05 C III a) 1 9-4 u.a. /hl the first instalment of the Community quota should ex 22.05 C III a) 2 aa) 7-7 u.a. /hl be determined at a level which, under present circumstances, may be 90 % of the quota amount; ex 22.05 C IV a) 1 10-1 u.a. /hl ex 22.05 C IV a) 2 aa) 8-4 u.a. /hl Whereas the initial quota shares of the Member 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 3 . Within the limits of these tariff quotas, the new up almost the whole of its initial quota share should Member States apply the duties calculated in draw an additional quota share from the reserve ; accordance with the relevant provisions set out in whereas this must be done by each Member State Protocol No 8 annexed to the Agreement and in the when each of its additional quota shares is almost Act of Accession . entirely used up, and repeated as many times as the reserve allows ; whereas the initial and additional 4. This tariff quota shall be allocated and quota shares must be available for use until the end of administered as provided hereunder. the quota period ; whereas this method of administration calls for close cooperation between Member States and the Commission, which must, in Article 2 particular, be able to observe the extent to which the quota amount is used and inform Member States 1 . The tariff quota referred to in Article 1 shall be thereof; divided into two instalments .

Whereas if, at a specified date in the quota period, a 2. A first instalment, amounting to 13 500 considerable balance of the initial share remains in hectolitres of this quota, shall be shared among the one or other Member State it is essential that that Member States ; the shares which, subject to Article 5 Member State pays a large amount of it back into the shall be valid until 31 December 1974, shall consist of reserve, in order to avoid a part of the Community the following amounts : quota remaining unused in one Member State when it could be used in others ; (in hectolitres)

Germany 2 970 Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Benelux 1 760 Luxembourg are united in and represented by the Benelux Economic Union, all transactions concerning France 5 400 the administration of shares granted to the Italy 130 abovementioned Economic Union may be carried out by any of its members, Denmark 1 890

Ireland 130 HAS ADOPTED THIS REGULATION : United Kingdom 1220

3 . The second instalment of the quota , amounting Article 1 to 1 500 hectolitres, shall constitute the reserve.

1 . For the period from 1 January 1974 to 31 Article 3 December 1974, a Community tariff quota of 15 000 hi shall be opened within the European Economic Community, for Madeira originating in Portugal, 1 . If 90 % or more of the initial share of a falling within subheading Nos ex 22.05 C III a) 1 , ex Member State, as laid down in Article 2 ( 2), or 90 % 22.05 C III a) 2 aa), ex 22.05 C IV a ) 1 and ex 22.05 or more of that share less the amount returned into C IV a ) 2 aa) of the Common Customs Tariff. the reserve, where the provisions of Article 5 have

No L 365 / 182 Official Journal of the European Communities 31 . 12 . 73

been applied, has been exhausted, that Member State Article 6 shall proceed without delay, by notifying the Commission, to draw a second share equal to 15 % The Commission shall keep account of the shares of its initial share, rounded up to the next unit where opened by Member States in accordance with Articles appropriate, to the extent that the amount in the 2 and 3 and shall inform each of them of the extent reserve allows . to which the reserve has been used as soon as it receives the notifications .

2. If, after its initial share has been exhausted, 90 % of the second share drawn by a Member State The Commission shall, not later than 15 October has been used, that Member State shall proceed, in 1974, notify Member States of the amount in the the manner specified in paragraph 1 , to draw a third reserve after the return of shares pursuant to Ar­ share equal to 7-5 % of its initial share rounded up to ticle 5 . the next unit where appropriate, to the extent that the amount in the reserve allows . The Commission shall ensure that any drawing which uses up the reserve is limited to the balance available and, for this purpose, shall specify the 3 . If, after its second share has been exhausted, amount thereof to the Member State which makes 90 % or more of the third share drawn by a Member the final drawing. State has been used, that Member State shall proceed, in the manner specified in paragraph 1 , to draw a fourth share equal to the third. Article 7

This process shall be applied until the reserve is 1 . The Member States shall take all appropriate exhausted. measures to ensure that, when additional shares are drawn pursuant to Article 3 , it is possible for charges to be made, without interruption, against their 4. Notwithstanding paragraphs 1 , 2 and 3 , the accumulated shares of the Community tariff quota. Member States may proceed to draw shares smaller than those fixed in those paragraphs, if there is reason to believe that those shares might not be used 2. The Member States shall ensure that importers up. They shall inform the Commission of the reasons of the said goods established in their territory have free access to the shares allocated to them . which led them to apply this paragraph.

3 . The extent to which a Member State has used up its shares shall be determined on the basis of the Article 4 imports originating in Portugal as and when the goods are entered for home use . The additional shares drawn pursuant to Article 3 shall be valid until 31 December 1974. Article 8

Member States shall inform the Commission at Article 5 regular intervals of imports of the products concerned actually charged against their shares . If, by 15 September 1974 a Member State has not used up its initial share, it shall, not later than 10 October 1974 return the unused portion of this Article 9 share in excess of 20 % of the initial amount. It may return a larger quantity if there are reasons to consider The Member States and the Commission shall that such quantity might not be used. cooperate closely in order to ensure that the provisions of this Regulation are observed.

The Member States shall, not later than 10 October 1974 notify the Commission of the total imports of Article 10 the products concerned effected up to 15 September 1974 inclusive and charged against the Community quota and, where appropriate, the proportion of their This Regulation shall enter into force on 1 January initial share that is being returned to the reserve. 1974 .

31 . 12 . 73 Official Journal of the European Communities No L 365 / 183

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