31974R2910

25 . 11.74 Official Journal of the European Communities No L 313 / 49

REGULATION (EEC) No 2910/74 OF THE COUNCIL

of 7 November 1974 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 wiines 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 corresponding imports by each of the Member States Having regard to the proposal from the represent the following percentages of the imports Commission ; 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 6· 3 16-4 2-1 the Portuguese Republic provides that customs duties Denmark 28-6 8-2 16-3 on imports into the Community of Setubal muscatel Germany 12-1 14-8 9-3 wines originating in Portugal, falling within France 0-1 — 9-4 subheadings ex 22.05 C III a) 1 , ex 22.05 C III b) 1 , Ireland 17-5 1 -6 1-1 ex 22.05 C IV a) 1 and ex 22.05 C IV b) 1 of the Italy 0-1 1 -6 0-4 Common Customs Tariff are to be reduced by 30 °/o United Kingdom 35-3 57-4 61-5 up to a total annual tariff quota of 3 000 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 the new Member Whereas , in view of these data and the estimates States, to such duties as these Member States apply submitted by certain Member States, initial quota 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 in wine ; Benelux : 10-8 Denmark : 18-5 Germany : 36-7 Whereas it is in particular necessary to ensure to all France : IT Community importers equal and uninterrupted access to the abovementioned quota and Ireland : 10Ό uninterrupted application of the rates laid down for Italy : 0-4 that quota to all imports of the products concerned United Kingdom : 22-5 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 trends quota can be respected by allocating the Community for the products concerned in the different Member tariff quota among the Member States ; whereas, in States, the quota amount, should be divided into two order to reflect most accurately the actual instalments , the first instalment being allocated development of the market in the products among the Member States and the second forming a concerned, such allocation should be ;in proportion reserve intended ultimately to cover the requirements to the needs of the Member States, assessed by of the Member States which have used up their reference both to the statistics of each State's initial quota shares ; whereas , in order to ensure a imports from Portugal over a representative period certain degree of security to importers in each and to the economic outlook for the quota period Member State, the first instalment of the Community concerned ; quota should be determined at a level which, under present circumstances, may be 90 °/o of the quota H OJ No L 301 , 31 . 12 . 1972 , p . 165 . amount ;

No L 313 / 50 Official Journal of the European Communities 25 . 11 . 74

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, in Member States apply the duties calculated 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 additional 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 2 . A first instalment, amounting to 2 700 hi, shall administration calls for close cooperation between be shared among the Member States ; the shares Member States and the Commission, which must, in which, subject to Article 5 , shall be valid until 31 particular, be able to observe the extent to which the December 1975 , shall consist of the following quota amount is used and inform Member States amounts : thereof; (in hectolitres) Whereas, if, at a specified date in the quota period, a Benelux : 290 considerable balance remains in one or other Denmark : 500 Member State it is essential that that Member State Germany : 990 pays a large amount of it back into the reserve, in France : 30 order to avoid a part of the Community quota remaining unused in one Member State when it Ireland : 270 could be used in others ; Italy : 10 United Kingdom : 610 Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy 3 . The second instalment, amounting to 300 hi , shall constitute the reserve . of Luxembourg are united in and represented by the Benelux Economic Union, all transactions concerning the administration of shares granted to the Article 3 abovementioned Economic Union may be carried out by any of its members, 1 . If 90 °/o or more of the initial share of a Member State as laid down in Article 2 (2 ), or 90 °/o HAS ADOPTED THIS REGULATION : or more of that share less the amount returned into the reserve, where the provisions of Article 5 have been applied, has been exhausted, that Member State Article 1 shall proceed without delay, by notifying the Commission, to draw a second share equal to 15 °/o 1 . For the period from 1 January until 31 of its initial share, rounded up to the next unit December 1975, a Community tariff quota of 3000 hi where appropriate, to the extent that the amount in shall be opened for Setubal muscatel wines the reserve allows . originating in Portugal, falling within subheadings ex 22.05 C III a ) 1 , ex 22.05 C III b ) 1 , ex 22.05 C IV a) 1 2. If, after its initial share has been exhausted, and ex 22.05 C IV b) 1 of the Common Customs 90 °/o or more of the second share drawn by a Tariff. Member State has been used, that Member State shall proceed in the manner specified in paragraph 1 to draw a third share equal to 7*5% of its initial 2. The Common Customs Tariff duties applicable 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 .

3 . If, after its second share has been exhausted, CCT heading No Rate of duty 90 °/o 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 .

25 . 11 . 74 Official Journal of the European Communities No L 313 /51

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 to the reserve the unused portion of this share in excess of 20 °/o of the initial 3 . The extent to which a Member State has used amount. It may return a larger quantity if there are up its shares shall be determined on the basis of the reasons to consider that such quantity might not be imports originating in Portugal as and when the used . goods are entered for home use.

The Member States shall , not later than 10 October 1975 , notify the Commission of the total imports of Article 8 the products concerned effected up to 15 September 1975 inclusive and charged against the Community Member States shall inform the Commission at quota and, where appropriate, the proportion of regular intervals of imports of the products their initial shares that is being returned to the concerned actually charged against their shares . reserve .

Article6¶

The Member States and the Commission shall The Commission shall keep account of the shares opened by Member States, in accordance with cooperate closely in order to ensure that the Articles 2 and 3 and shall inform each of them of the provisions of this Regulation are observed. extent to which the reserve has been used as soon as it receives the notifications . Article 10 The Commission shall, .not later than 15 October 1975 , notify Member States of the amount in the This Regulation shall enter into force on 1 January reserve after the return of shares pursuant to 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