31973R3612

No L 365/ 184 Official Journal of the European Communities 31 . 12 . 73

REGULATION (EEC) No 3612/73 OF THE COUNCIL

of 27 December 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 , Whereas available Community statistics give no information on the situation of Setubal muscatel wines on the markets; whereas, however, Portuguese Having regard to the Treaty establishing the statistics for exports of these products to the European Economic Community and in particular Community during the past few years can be Articles 43 and 113 thereof; considered to reflect approximately the situation of Community imports; whereas on this basis the Having regard to the proposal from the Commission; corresponding imports by each of the Member States represent the following percentages of the imports into the Community from Portugal of the products Having regard to the Opinion of the European concerned : Parliament;

Whereas Article 4 of Protocol No 8 to the 1970 1971 1972 Agreement (*) between the European Economic Community and the Portuguese Republic provides that customs duties on imports into the Community Germany 39-8 12-1 14-8 of Setubal muscatel wines originating in Portugal, Benelux 20-7 6-3 16-4 falling within subheading Nos ex. 22.05 C III a) 1 , France — 0-1 — ex. 22.05 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 — Italy 0-1 1-6 are to be reduced by 30 % up to a total annual tariff Denmark 14-5 28-6 8-2 quota of 3 000 hi; whereas this reduction applies, in the case of the Community as originally constituted, Ireland 7-9 17-5 1-6 to the Common Customs Tariff duties and, in the United Kingdom 17-1 35-3 57-4 case of the new Member States, to such duties as these Member 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, in view of these data and the estimates submitted by certain Member States, initial quota shares may be fixed approximately at the following Whereas it is in particular necessary to ensure to all percentages : Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted Germany 32 application of the rates laid down for that quota to all imports of the products concerned into all Benelux 16 Member States until the quota has been used up ; whereas, having regard to the principles mentioned France 1 above, the Community nature of the quota can be Italy 1 respected by allocating the Community tariff quota among the Member States; whereas, in order to Denmark 18 reflect most accurately the actual development of the Ireland 10 market in the products concerned ; such allocation should be in proportion to the needs of the Member 22 United Kingdom States, assessed by reference both to the statistics of each State's imports from Portugal over a representative period and to the economic outlook for the quota period concerned ; Whereas, in order to take into account import trends for the products concerned in the different Member States, the quota amount, should be divided into two ( l) OJ No L 301 , 31 . 12 . 1972, p. 165 . instalments, the first instalment being allocated

31 . 12 . 73 Official Journal of the European Communities No L 365 / 185

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 7-7 u.a. /hl ex 22.05 C III a) 2 aa) be determined at a level which, under present ex 22.05 C IV a) 1 10*1 u.a. /hl circumstances, may be 90 % of the quota amount; 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 3 . Within the limits of these tariff quotas, the new break in continuity, any Member State having used Member States apply the duties calculated in up almost the whole of its initial quota share should accordance with the relevant provisions set out in draw an additional quota share from the reserve; Protocol No 8 annexed to the Agreement and in the whereas this must be done by each Member State Act of Accession . when each of its additional quota shares is almost entirely used up, and repeated as many times as the 4. These tariff quotas shall be allocated and reserve allows ; whereas the initial and additional administered as provided hereunder. quota shares must be available for use until the end of the quota period ; whereas this method of administration calls for close cooperation between Article 2 Member States and the Commission, which must, in particular, be able to observe the extent to which the 1 . The tariff quota referred to in Article 1 shall be quota amount is used and inform Member States divided into two instalments . thereof;

2. A first instalment, amounting to 2 700 Whereas, if, at a specified date in the quota period, a considerable balance remains in one or other hectolitres, shall be shared among the Member Member State it is essential that that Member State States ; the shares which, subject to Article 5, shall be valid until 31 December 1974 shall consist of the pays a large amount of it back into the reserve, in following amounts : order to avoid a part of the Community quota remaining unused in one Member State when it could (in hectolitres) be used in others ; Germany 860 Whereas, since the Kingdom of Belgium, the Benelux 430 Kingdom of the Netherlands and the Grand Duchy of France 30 Luxembourg are united in and represented by the Benelux Economic Union, all transactions concerning Italy 30 the administration of shares granted to the abovementioned Economic Union may be carried out Denmark 490 by any of its members, Ireland 270

United Kingdom 590 HAS ADOPTED THIS REGULATION : 3 . The second instalment, amounting to 300 hectolitres, shall constitute the reserve. Article 1

1 . For the period from 1 January 1974 to 31 Article 3 December 1974, a Community tariff quota of 3 000 hi shall be opened within the European Economic 1 . If 90 % or more of the initial share of a Community for Setubal muscatel wines originating in Member State as laid down in Article 2 (2), or 90 % Portugal, falling within subheading Nos ex 22.05 C or more of that share less the amount returned into III a) 1 , ex 22.05 C III a) 2 aa), ex 22.05 C IV a) 1 and the reserve, where the provisions of Article 5 have ex 22.05 C IV a) 2 aa) of the Common Customs been applied, has been exhausted, that Member State Tariff. shall proceed without delay, by notifying the Commission, to draw a second share equal to 15 % 2. The Common Customs Tariff duties applicable of its initial share, rounded up to the next unit where to wines imported within this tariff quota shall be appropriate, to the extent that the amount in the suspended at the rates listed below : reserve allows .

No L 365 / 186 Official Journal of the European Communities 31 . 12 . 73

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

This process shall be applied until the reserve is exhausted. Article 7

4. Notwithstanding paragraphs 1 , 2 and 3 , the 1 . The Member States shall take all appropriate Member States may proceed to draw shares smaller measures to ensure that, when additional shares are than those fixed in those paragraphs, if there is drawn pursuant to Article 3, it is possible for charges reason to believe that those shares might not be used to be made without interruption against their up . They shall inform the Commission of the reasons accumulated shares of the Community tariff quota. which led them to apply this paragraph. 2. The Member States shall ensure that importers Article 4 of the said goods established in their territory have free access to the shares allocated to them . The additional shares drawn pursuant to Article 3 shall be valid until 31 December 1974. 3 . The extent to which a Member State has used up its shares shall be determined on the basis of the imports originating in Portugal as and when the Article 5 goods are entered for home use.

If, by 15 September 1974, a Member State has not used up its initial share, it shall, not later than Article 8 10 October 1974, return to the reserve the unused portion of this share in excess of 20 % of the initial Member States shall inform the Commission at amount. It may return a larger quantity if there are regular intervals of imports of the products reasons to consider that such quantity might not be concerned actually charged against their shares. used . The Member States shall, not later than 10 October Article 9 1974, notify the Commission of the total imports of the products concerned effected up to 15 September The Member States and the Commission shall 1974 inclusive and charged against the Community cooperate closely in order to ensure that the quota and, where appropriate, the proportion of their provisions of this Regulation are observed. initial shares that is being returned to the reserve.

Article10¶

The Commission shall keep account of the shares This Regulation shall enter into force on 1 January opened by Member States, in accordance with 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