31974R2909

No L 313 / 46 Official Journal of the European Communities 25 . 11 . 74

REGULATION (EEC ) No 2909/74 OF THE COUNCIL of 7 November 1974

opening, allocating and providing for the administration of a Community tariff quota for Madeira 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 Madeira wines on the markets ; whereas, however, Portuguese statistics Having regard to the Treaty establishing the for exports of these products to the Community European Economic Community, and in particular during the past 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 each of the Member States during the past three Having regard to the proposal from the years represent the following percentages of the Commission ; imports into the Community from Portugal of the products concerned : Having regard to the Opinion of the European Parliament ;

1971 1972 1973 Whereas Article 4 of Protocol 8 of the Agreement (*) between the European Economic Community and Benelux 14-6 11-7 13-1 the Portuguese Republic provides that Customs Denmark 13-8 13-6 16-0 duties on imports into the Community of Madeira Germany 22-3 23-5 19-9 wines originating in Portugal , falling within France 38-6 40-9 39-4 subheadings ex 22.05 C III a ) 1 , ex 22.05 C III b) 1 , Ireland 0-1 0-1 0-1 ex 22.05 C IV a) 1 and ex 22.05 C IV b) 1 of the Italy 0-9 0-7 0-5 Common Customs Tariff are to be reduced by 30 °/o United Kingdom 9-7 9-4 11-0 up to a total annual tariff quota of 15 000 hi ; whereas this reduction applies, in the case of the Community as originally constituted, to the Common Customs Tariff duties and, in the case of Whereas , in view of these data and the estimates the new Member States , to such duties as these States submitted by certain Member States, initial quota apply at any given moment to imports from third shares may be fixed approximately at the following countries ; whereas these wines will remain subject to percentages : the provisions governing the common organization of the market dn wine ; Benelux : 131 Denmark : 14-4 Germany : 22Ό Whereas it is in particular necessary to ensure to all France : 39-6 Community importers equal and uninterrupted access to the abovementioned quota and Ireland : 0-1 uninterrupted application of the rates laid down for Italy : 0-7 that quota to all imports of the products concerned United Kingdom : 10-1 into all Member States until the quota has been used up ; whereas, having regard to the principles mentioned above, the Community nature of the Whereas, in order to take into account import quota can be respected by allocating the Community trends for the products concerned in the different tariff quota among the Member States ; whereas, in Member States, the quota amount should be divided order to reflect most accurately the actual into two instalments, the first instalment being development of the market in the products allocated among the Member States and the second concerned, such allocation should be in proportion forming a reserve intended ultimately to cover the to the needs of the Member States, assessed by requirements of the Member States which have reference both to the statistics of each State's used up their initial quota shares ; whereas, in order imports from Portugal over a representative period to ensure a certain degree of security to importers and to the economic outlook for the quota period in each Member State, the first instalment of the concerned ; Community quota should be determined at a level which, under present circumstances, may be 90 °/o of ( l ) OJ No L 301 , 31 . 12. 1972, p. 165 . the quota amount ;

25 . 11.74 Official Journal of the European Communities No L 313 /47

Whereas the initial quota shares of the Member 3 . Within the limits of these tariff quotas, the new States may be used up at different times, whereas, Member States apply the duties calculated in in order to take this fact into account and avoid any accordance with the relevant provisions set out in break in continuity, any Member State having used Protocol 8 annexed to the Agreement and in the Act up almost the whole of its initial quota share should of Accession . draw an initial quota share from the reserve, whereas this must be done by each Member State Article 2 when each of its additional quota shares is almost entirely used up, and repeated as many times as the 1 . The tariff quota referred to in Article 1 shall be reserve allows ; whereas the initial and additional divided into two instalments . quota shares must be available for use until the end of the quota period ; whereas this method of administration calls for close cooperation between 2. A first instalment, amounting to 13 500 hi of Member States and the Commission, which must, in this quota, shall be shared among the Member States ; the shares which, subject to Article 5 shall be particular, be able to observe the extent to which valid until 31 December 1975 , shall consist of the the quota amount is used and inform Member following amounts : States thereof ; (in hectolitres) Whereas, if at a specified date in the quota period, a 'Benelux : 1 770 considerable balance of the initial share remains in one or other Member State it is essential that that Denmark : 1 940 Member State pays a large amount of it back into Germany : 2 970 the reserve, tin order to avoid a part of the France : 5 340 Community quota remaining unused in one Member Ireland : 20 State when it could be used in others ; Italy : 90 United Kingdom : 1 370 Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy 3 . The second instalment of the quota amounting of Luxembourg are united in and represented by the to 1 500 hi , shall constitute the reserve. Benelux Economic Union , all transactions concerning the administration of shares granted to the abovementioned Economic Union may be carried out Article 3 by any of its members ,

1 . If 90% or more of the initial share of a HAS ADOPTED THIS REGULATION : Member State, as laid down in Article 2 (2), or 90 °/o or more of that share less the amount returned into the reserve, where the provisions of Article 5 have Article 1 been applied, has been exhausted, that Member State shall proceed without delay, by notifying the 1 . For the period from 1 January until 31 Commission, to draw a second share equal to 15 °/o December 1975 , a Community tariff quota of 15000 hi of its initial share, rounded up to the next unit shall be opened for Madeira wines originating in where appropriate, to the extent that the amount in the reserve allows . Portugal, falling within subheadings ex 22.05 Cilia) 1 , ex 22.05 C III b ) 1 , ex 22.05 C IV a ) 1 and ex 22.05 C IV b ) 1 of the Common Customs Tariff. 2. If, after its initial share has been exhausted, 90 % of the second share drawn by a Member State has been used, that Member State shall proceed, in 2 . The Common Customs Tariff duties applicable the manner specified in paragraph 1 to draw a third to wines imported within this tariff quota shall be share equal to 7'5 % of its initial share rounded up suspended at the rates listed below : to the next unit where appropriate to the extent that the amount in the reserve allows .

3 . If, after its second share has been exhausted, CCT heading No Rate of duty 90 % or more of the third share drawn by a Member State has been used, that Member State shall ex 22.05 C III a ) 1 9-4 u.a. / hl proceed, in the manner specified in paragraph 1 to ex 22.05 C III b ) 1 7-7 u.a. / hl draw a fourth share equal to the third . ex 22.05 C IV a) 1 10-1 u.a./hl ex 22.05 C IV b ) 1 8-4 u.a. /hl This process shall be applied until the reserve is exhausted .

No L 313 /48 Official Journal of the European Communities 25 . 11 . 74

4. Notwithstanding paragraphs 1 , 2 and 3 , the The Commission shall ensure that any drawing Member States may proceed to draw shares smaller which uses up the reserve is limited to the balance than those fixed in those paragraphs , if there is available and, for this purpose, shall specify the reason to believe that those shares might not be used amount thereof to the Member State which makes up . They shall inform the Commission of the reasons the final drawing. which led them to apply this paragraph.

Article 7 Article 4 1 . The Member States shall take all appropriate The additional shares drawn pursuant to Article 3 measures to ensure that, when additional shares are shall be valid until 31 December 1975 . drawn pursuant to Article 3 , it is possible for charges to be made, without interruption , against their accumulated shares of the Community tariff quota. Article 5 2 . The Member States shall ensure that importers If, by 15 September 1975 a Member State has not of the said goods established in their territory have used up its initial share, it shall , not later than 10 free access to the shares allocated to them . October 1975 return the unused portion of this share in excess of 20 °/o of the initial amount. It may 3 . The extent to which a Member State has used return a larger quantity if there are reasons to up its shares shall be determined on the basis of the consider that such quantity might not be used. imports originating in Portugal as and when the goods are entered for home use. The Member States shall , not later than 10 October 1975 , notify the Commission of the total imports of the products concerned effected up to 15 September Article 8 1975 inclusive and charged against the Community quota and, where appropriate, the proportion of Member States shall inform the Commission at their initial share that is being returned to the reserve . regular intervals of imports of the products concerned actually charged against their shares.

Article 6 Article 9 The Commission shall keep account, of the shares The Member States and the Commission shall opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the cooperate closely in order to ensure that the extent to which the reserve has been used as soon as provisions of this Regulation are observed. it receives the notifications .

The Commission shall, not later that 15 October Article 10 v 1975, notify Member States of the amount in the reserve after the return of shares pursuant to This Regulation shall enter into force on 1 January Article 5 . 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