31975R2956

13 . 11 . 75 No L 294/ 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 2956/75 OF THE COUNCIL of 5 November 1975 opening, allocating and providing for the administration of Community tariff quotas for port wines, falling within heading No ex 22.05 of the Common Customs Tariff, originating in Portugal ( 1976)

THE COUNCIL OF THE EUROPEAN application of the rates laid down for these quotas to COMMUNITIES, all imports of the products concerned into all Member States until the quotas have been used up ; Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 113 thereof ; Whereas, having regard to the principles mentioned above, the Community nature of the quotas can be Having regard to the proposal from the Commission ; respected by allocating the Community tariff quota among the Member States ; whereas, in order to reflect Having regard to the Opinion of the European Parlia­ most accurately the actual development of the market ment (*) ; in the products concerned, such allocation should be in proportion to the needs of the Member States, Whereas Article 4 of Protocol 8 to the Agreement (2) assessed by reference both to the statistics of each between the European Economic Community and the State's imports from Portugal over a representative Portuguese Republic, provides that customs duties on period and to the economic outlook for the quota imports into the Community of certain wines, origi­ period concerned ; nating in Portugal, shall be reduced :

— by 60 % in the case of the duties applicable to port wines, falling within subheadings ex 22.05 C Whereas available Community statistics give no infor­ III a) 1 and ex 22.05 C IV a) 1 of the Common mation on the situation of port wines on the markets ; Customs Tariff, up to a total annual tariff quota of whereas, however, Portuguese statistics for exports of 20 000 hectolitres ; and these products to the Community during the past few — by 50 % in the case of the duties applicable to years can be considered to reflect approximately the port wines, falling within subheadings ex 22.05 C situation of Community imports ; whereas on this III b) 1 and ex 22.05 C IV b) 1 of the Common basis the corresponding imports by each of the Customs Tariff up to a total annual tariff quota of Member States represent the following percentages of 285 000 hectolitres ; the imports into the Community from Portugal of the products concerned : Whereas this reduction applies, in the case of the 1972 1973 1974 Community as originally constituted, to the Common Customs Tariff duties and in the case of the new Port wines : Member States, to such duties as these States apply at any given moment to imports from third countries ; — in receptacles containing whereas these wines will remain subject to the provi­ two litres or less : sions governing the common organization of the market in wine ; — Benelux 11-7 14-4 13-4 — Denmark 2-1 3-5 4.1 Whereas it is in particular necessary to ensure to all — Germany 15-7 13-7 7-2 Community importers equal and uninterrupted access — France 30-9 27-1 27-9 to the abovementioned quotas and uninterrupted — Ireland 0-2 0-4 0-6 — Italy 27-5 26-4 29-9 (!) OJ No C 239, 20. 10 . 1975, p. 48 . (2) OJ No L 301 , 31 . 12. 1972, p. 165. — United Kingdom 11-9 14-5 16.9

No L 294/2 Official Journal of the European Communities 13 . 11 . 75

1972 1973 1974 quota amounts are used and inform Member States thereof ; in receptacles containing Whereas, if at a specified date in the quota period a more than two litres : considerable balance remains in one or other Member — Benelux 150 13-4 14-0 State, it is essential that that Member State pays a large — Denmark 6-1 8-1 4-5 amount of it back into the reserve, in order to avoid a 8-7 9-1 11-0 part of one or other of the Community quotas — Germany — France 43-2 40-9 41-0 remaining unused in one Member State when it could — Ireland 1-6 1-7 1-5 be used in others ; 00 0-0 0-0 — Italy 25-4 26-8 28-0 Whereas, since the Kingdom of Belgium, the — United Kingdom Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the Whereas, in view of these data and the estimates Benelux Economic Union, all transactions concerning submitted by certain Member States, initial quota the administration af shares granted to the abovemen­ shares may be fixed approximately at the following tioned economic union may be carried out by any of percentages : its members,

Port wines in HAS ADOPTED THIS REGULATION : receptacles containing

Two litres More than or less two litres Article 1

1 . For the period 1 January to 31 December 1976, Benelux 13-2 14-6 Denmark 2-7 6-6 Community tariff quotas shall be opened for products Germany 14-9 9-1 originating in Portugal, and within the limits listed France 29-7 42-7 below : Ireland 0-3 1-6 Italy 270 01 United Kingdom 12-2 25-3 CCT heading No Description Quota volume

ex 22.05 C III a) 1 Whereas, in order to take into account import trends 20 000 hi ex 22.05 C IV a) 1 | Port wines for the products concerned in the different Member States, each of the quota amounts should be divided ex 22.05 C III b) 1 285 000 hi ex 22.05 C IV b) 1 | Port wines into two instalments, the first instalment being allo­ cated among the Member States and the second forming a reserve intended ultimately to cover the requirements of the Member States which have used 2. The Common Customs Tariff duties on wines up their initial quota shares ; whereas, in order to imported within these tariff quotas shall be suspended at the rates listed below : ensure a certain degree of security to importers in each Member State, the first instalment of the Community quotas should be determined at a level which, under present circumstances, may be 90 % of CCT heading No Rate of duty each of the quota amounts ;

ex 22.05 C III a) 1 5-4 u.a./hl Whereas the initial quota shares of the Member States 5-8 u.a./hl ex 22.05 C IV a) 1 may be used up at different times ; whereas, in order ex 22.05 C III b) 1 5-5 u.a./hl to take this fact into account and avoid any break in ex 22.05 C IV b) 1 6-0 u.a./hl 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 the corres­ 3 . Within the limits of these tariff quotas, the new ponding reserve ; whereas this must be done by each Member States shall apply the duties calculated in Member State when each of its additional quota shares accordance with the relevant provisions set out in is almost entirely used up, and repeated as many times Protocol 8 annexed to the Agreement and in the Act of Accession . as the reserve allows ; whereas the initial and addi­ tional quota shares must be available for use until the end of the quota period ; whereas this method of Article 2 administration calls for close cooperation between Member States and the Commission, which must, in 1 . The tariff quotas laid down in Article 1 shall be particular, be able to observe the extent to which the divided into two instalments .

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2. A first instalment shall be shared among the 4. Notwithstanding paragraphs 1 , 2 and 3, the Member States ; the shares which, subject to Article 5, Member States may proceed to draw shares smaller shall be valid until 31 December 1976, shall consist of than those fixed in those paragraphs if there is any the following amounts : reason to believe that those shares might not be used up. They shall inform the Commission of the reasons (in hectolitres) which led them to apply this paragraph.

Pott wines under subheadings ex 22.05 C III a) 1 ex 22.05 C III b) 1 and Article 4 and ex 22.05 C IV a) 1 ex 22.05 C IV b) 1 Each of the additional shares drawn pursuant to Benelux 2 370 37 200 Article 3 shall be valid until 31 December 1976. Denmark 490 16 800 2 680 23 200 Germany France 5 340 108 900 Article 5 Ireland 60 4 250 4 860 100 Italy 2 200 64 550 The Member States shall return to the reserve, not United Kingdom later than 1 October 1976, the unused portion of their Total 18 000 255 000 initial share which, on 15 September 1976, is in excess of 20 % of the initial amount. They may return a larger quantity if there are reasons to believe that such quantity might not be used. 3 . The second instalment of each quota, 2 000 and 30 000 hectolitres respectively, shall constitute the The Member States shall, not later than 1 October reserve . 1976, notify the Commission of the total imports of the products concerned effected up to 15 September 1976 inclusive and charged against the Community quotas and, where appropriate, the proportion of their Article J initial shares that is being returned to each reserve.

1 . If 90 % or more of one of the initial shares of a Article 6 Member State, as laid down in Article 2 (2), or 90 % or more of that share less the amount returned into The Commission shall keep account of the shares the reserve, where the provisions of Article 5 have opened by Member States in accordance with Articles been applied, has been exhausted, that Member State 2 and 3 and shall inform each of them of the extent shall proceed without delay, by notifying the Commis­ to which the reserves have been used as soon as it sion, to draw a second share equal to 1 5 % of its receives the notifications . initial share, rounded up to the next unit where appro­ priate, to the extent that the amount in the reserve The Commission shall , not later than 5 October 1976, allows . notify Member States of the amount in each reserve after the return of shares pursuant to Article 5. 2. If, after one or other of its initial shares have been exhausted, 90 % or more of the second share The Commission shall ensure that any drawing which drawn by a Member State has been used, that Member uses up any reserve is limited to the balance available, State shall proceed in the manner specified in para­ and for this purpose shall specify the amount thereof graph 1 to draw a third share equal to 7-5 % of its to the Member State which makes the final drawing. initial share, rounded up to the next unit where appro­ priate, to the extent that the amount in the reserve allows . Article 7

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

2. The Member States shall ensure that importers This process shall be applied until the reserve is of the said goods established in their territory have exhausted . free access to the shares allocated to them .

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3. The extent to which a Member State has used up Article 9 its shares shall be determined on the basis of the The Member States and the Commission shall coop­ imports originating in Portugal as and when the goods are entered for home use . erate closely in order to ensure that the provisions of this Regulation are observed. Article 8 x Article 10 At the request of the Commission, Member States shall inform it of imports of the products concerned This Regulation shall enter into force on 1 January 1976 . actually charged against their shares.

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

Done at Brussels, 5 November 1975.

For the Council

The President

M. RUMOR