31974R2908

No L 313 /42 Official Journal of the European Communities 25 . 11 . 74

REGULATION (EEC) No 2908 /74 OF THE COUNCIL

of 7 November 1974 opening, allocating and providing for the administration of Community tariff quotas for port wines, falling within subheading 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 respected by allocating the Community tariff quota Having regard to the Treaty establishing the among the Member States ; whereas , in order to European Economic Community, and in particular reflect most accurately the actual development of the Articles 43 and 113 thereof ; market in the products concerned, such allocation should be in proportion to the needs of the Member States, assessed by reference both to the statistics of Having regard to the proposal from the each State's imports from Portugal over a Commission ; representative period and to the economic outlook for the quota period concerned ; Having regard to the Opinion of the European Parliament ; Whereas available Community statistics give no information on the situation of port wines on the Whereas Article 4 of Protocol 8 of the Agreement ( x) markets ; whereas, however, Portuguese statistics for between the European Economic Community and exports of these products to the Community during the Portuguese Republic provides that customs the past few years can be considered to reflect duties on imports into the Community of certain approximately the situation of Community imports ; wines originating in Portugal, shall be reduced : whereas on this basis the corresponding imports by each of the Member States represent the following — by 60 °/o in the case of the duties applicable to percentages of the imports into the Community from port wines falling within subheadings ex 22.05 C Portugal of the products concerned : III a ) 1 and ex 22.05 C IV a) 1 of the Common Customs Tariff, up to a total annual tariff quota of 20 000 hi , and 1971 1972 1973

— by 50 % in the case of the duties applicable to Port wines : port wines falling within subheadings ex 22.05 C — in receptacles containing III b ) 1 and ex 22.05 C IV b ) 1 of the Common two litres or less : Customs Tariff up to a total annual tariff quota — Benelux 12-8 11-7 14-4 of 285 000 hi ; — Denmark 2-2 2-1 3-5 — Germany 16-3 15-7 13-7 — France 33· 8 30-9 27-1 Whereas this reduction applies, in the case of the — Ireland 0-2 0-2 0-4 Community as originally constituted, to the —■ Italy 2 7-5 27-5 26-4 Common Customs Tariff duties and in the case of 7-2 11 -9 14-5 — United Kingdom the new Member States , to such duties as these States — in receptacles containing apply at any given moment to imports from third two litres or more : countries ; whereas these wines will remain subject to — Benelux 15-3 15-0 13-4 the provisions governing the common organization — Denmark 5-5 6 - 1 8-1 of the market in wine ; — Germany 9-4 8 -7 9-1 — France 44-8 43-2 40-9 — Ireland 1-6 1 -6 1-7 Whereas it is in particular necessary to ensure to all 0-0 0-0 0-0 — Italy Community importers equal and uninterrupted 23-4 25-4 26-8 — United Kingdom access to the abovementioned quotas and uninterrupted application of the rates laid down for these quotas to all imports of the products concerned into all Member States until the quotas have been Whereas, in view of these data and the estimates used up ; submitted by certain Member States, initial quota shares may be fixed approximately at the following (!) OJ No L 301 , 31 . 12. 1972 , p. 165 . percentages :

25 . 11 . 74 Official Journal of the European Communities No L 313 / 43

Benelux Economic Union, all transactions concerning Port wines in receptacles containing the administration of shares granted to the abovementioned Economic Union may be carried out by any of its members , Two litres More than or less two litres

Benelux 13-2 14-6 HAS ADOPTED THIS REGULATION : Denmark 2 -7 6-6 Germany 14-9 9-1 France 29-7 42-7 Article 1 Ireland 0-3 1 -6 Italy 27-0 0-1 1 . For the period from 1 January until 31 United Kingdom 12-2 25-3 December 1975, Community tariff quotas shall be opened for products originating in Portugal, and within the limits listed below :

Whereas, in order to take into account import trends for the products concerned in the different Member CCT Quota States, each of the quota amounts should be divided heading No Description volume into two instalments , the first instalment being allocated among the Member States and the second ex 22.05 C III a ) 1 forming a reserve intended ultimately to cover the 20 000 hi ex 22.05 C IV a ) 1 ƒ Port wines requirements of the Member States which have used up their initial quota shares ; whereas, in order to ex 22.05 C III b ) 1 285 000 hi ensure a certain degree of security to importers in ex 22.05 C IV b) 1 j Port wines

each Member State, the first instalment of the Community quotas should be determined at a level which, under present circumstances, may be 90 °/o of each of the quota amounts ; 2 . The Common Customs Tariff duties on wines imported within these tariff quotas shall be suspended at the rates listed below : 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 CCT heading No Rate of duty break in continuity, any Member State having used up almost the whole of any one of its initial quota shares should draw an additional quota share from ex 22.05 C III a) 1 5-4 u.a./hl the corresponding reserve ; whereas this must be ex 22.05 C IV a) 1 5-8 u.a. /hl done by each Member State when each of its ex 22.05 C III b) 1 5-5 u.a. /hl additional quota shares is almost entirely used up, ex 22.05 C IV b ) 1 6-0 u.a. /hl and repeated as many times as the reserve allows ; whereas the initial and additional quota shares must be available for use until the end of the quota period ; whereas this method of administration calls 3 . Within the limits of these tariff quotas, the new for close cooperation between Member States and Member States shall apply the duties calculated in the Commission, which must, in particular, be able accordance with the relevant provisions set out in to observe the extent to which the quota amounts Protocol 8 annexed to the Agreement and in the Act are used and inform Member States thereof ; of Accession .

Whereas if, at a specified date in the quota period, a considerable balance remains in one or other Article 2 Member State it is essential that that Member State pays a large amount of it back into the reserve, in order to avoid a part of one or other of the 1 . The tariff quotas laid down in Article 1 shall Community quotas remaining unused in one be divided into two instalments . Member State when it could be used in others ;

2. A first instalment shall be shared among the Whereas , since the Kingdom of Belgium, the Member States ; the shares which, subject to Article 5 , Kingdom of the Netherlands and the Grand Duchy shall be valid until 31 December 1975 , shall of Luxembourg are united in and represented by the consist of the following amounts :

No L 313 /44 Official Journal of the European Communities 25 . 11 . 74

(in hectolitres) Article 4

Port wines under subheadings Each of the additional shares drawn pursuant to ex 22.05 C III a ) 1 ex 22.05 C III b ) 1 Article 3 shall be valid until 31 December 1975 . and and ex 22.05 C IV a ) 1 ex 22.05 C IV b ) 1

Benelux 2 370 37 200 Article 5 Denmark 490 16 800 Germany 2 680 23 200 If, by 15 September 1975, a Member State has not France 5 340 108 900 used up its initial shares, it shall not later than 10 Ireland 60 4 100 October 1975 , return to the reserve the unused Italy 4 860 250 portion of those shares in excess of 20 °/o of the United Kingdom 2 200 64 550 ' initial amount. It may return a larger quantity if there are reasons to consider that such quantity Total 18 000 255 000 might not he used .

The Member States shall, not later than 10 October 1975 , notify the Commission of the total imports of 3 . The second instalment of each quota, 2 000 and the products concerned effected up to 15 September 30 000 hi respectivelv, shall constitute the reserve . 1975 inclusive and charged against the Community quotas and , where appropriate, the proportion of their initial shares that is being returned to each Article 3 reserve .

1 . If 90 %> or more of one of the initial shares of a Member State, as laid down in Article 2 (2 ) or 90 °/o Article 6 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 shall proceed without delay, by notifying the Articles 2 and 3 and shall inform each of them of the Commission, to draw a second share equal to 15 % extent to which the reserves have been used as soon of its initial share, rounded up to the next unit as it receives the notifications . where appropriate, to the extent that the amount in the reserve allows . The Commission shall , not later than 15 October 1975 , 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 been exhausted , 90 °/o or more of the second share Article 5 . 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 °/o 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.

3 . If, after one of its second shares has been exhausted, 90 °/o or more of the third share drawn Article 7 by a Member State has been used, that Member State shall proceed in the manner specified in paragraph 1 , 1 . The Member States shall take all appropriate to draw a fourth share equal to the third . measures to ensure that, when additional shares are drawn pursuant to Article 3 , it is possible for charges This process shall be applied until the reserve is to be made, without interruption, against their exhausted . accumulated shares of the Community tariff quotas .

2 . The Member States shall ensure that importers 4. Notwithstanding paragraphs 1 , 2 and 3 , the of the said goods established in their territory have Member States may proceed to draw shares smaller free access to the shares allocated to them . than those fixed in those paragraphs if there is any reason to believe that those shares might not be used up . They shall inform the Commission of the reasons 3 . The extent to which a Member State has used which led them to apply this paragraph. up its shares shall be determined on the basis of the

25 . 11 . 74 Official Journal of the European Communities No L 313 /45

imports originating in Portugal as and when the Article 9 goods are entered for home use. The Member States and the Commission shall cooperate closely in order to ensure that the provisions of this Regulation are observed. Article 8 Article 10 Member States shall inform the Commission at regular intervals of imports of the products This Regulation shall enter into force on 1 January concerned actually charged against their shares. 1975 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 7 November 1974.

For the Council The President

A. JARROT