31975R2957

13 . 11 . 75 Official Journal of the European Communities No L 294/5

REGULATION ( EEC) No 2957 / 75 OF THE COUNCIL of 5 November 1975 opening, allocating and providing for the administration of a Community tariff quota for Madeira wines, falling within heading No ex 22.05 of the Common Customs Tariff, originating in Portugal ( 1976)

THE COUNCIL OF THE EUROPEAN Whereas available Community statistics give no infor­ COMMUNITIES, mation on the situation of Madeira wines on the markets ; whereas, however, Portuguese statistics for exports of these products to the Community during Having regard to the Treaty establishing the European the past few years can be considered to reflect approxi­ Economic Community, and in particular Articles 43 mately the situation of Community imports ; whereas and 113 thereof ; on this basis the corresponding imports by each of the Member States during the past three years represent the following percentages of the imports into the Having regard to the proposal from the Commission ; Community from Portugal of the products concerned :

Having regard to the Opinion of the European Parlia­ 1972 1973 1974 ment (') ;

Benelux 11-8 131 14-8 Denmark 13-6 16-0 16-2 Whereas Article 4 of Protocol 8 to the Agreement (2) Germany 23-5 19-9 17-8 between the European Economic Community and the France 40-9 39-4 400 Portuguese Republic, provides that customs duties on Ireland 0-1 0-1 0-1 imports into the Community of Madeira wines, origi­ Italy 0-7 0-5 0-8 nating in Portugal, falling within subheadings ex United Kingdom 9-4 110 10-3 22.05 C III a) 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 are to be reduced by 30 % up to a total annual tariff quota of 1 5 000 hectolitres ; whereas this reduc­ Whereas, in view of these data and the estimates tion applies, in the case of the Community as origi­ submitted by certain Member States, initial quota nally constituted, to the Common Customs Tariff shares may be fixed approximately at the following duties and, in the case of the new Member States, to percentages : such duties as these States apply at any given moment to imports from third countries ; whereas these wines Benelux 13-1 will remain subject to the provisions governing the Denmark 14-4 common organization of the market in wine ; Germany 22-0 France 39-6 Ireland 0-1 Whereas it is in particular necessary to ensure to all Italy 0-7 Community importers equal and uninterrupted access United Kingdom 101 to the abovementioned quota and uninterrupted appli­ cation of the rates laid down for that quota to all Whereas, in order to take into account import trends imports of the products concerned into all Member for the products concerned in the different Member States until the quota has been used up ; whereas, States, the quota amount should be divided into two having regard to the principles mentioned above, the instalments, the first instalment being allocated Community nature of the quota can be respected by among the Member States and the second forming a allocating the Community tariff quota among the reserve intended ultimately to cover the requirements Member States ; whereas, in order to reflect most accu­ of the Member States which have used up their initial rately the actual development of the market in the quota shares ; whereas, in order to ensure a certain products concerned, such allocation should be in degree of security to importers in each Member State, proportion to the needs of the Member States, the first instalment of the Community quota should assessed by reference both to the statistics of each be determined at a level which, under present circum­ State's imports from Portugal over a representative stances, may be 90 % of the quota amount ; period and to the economic outlook for the quota period concerned ; Whereas the initial quota shares of the Member States (!) OJ No C 239, 20 . 10 . 1975, p. 48 . may be used up at different times ; whereas, in order (2) OJ No L 301 , 31 . 12. 1972, p. 165. to take this fact into account and avoid any break in

No L 294/ 6 13 . 11 . 75 Official Journal of the European Communities

continuity, any Member State having used up almost Article 2 the whole of its initial quota share should draw an initial quota share from the reserve ; whereas this 1 . The tariff quota referred to in Article 1 shall be must be done by each Member State when each of its divided into two instalments . additional quota shares is almost entirely used up, and repeated as many times as the reserve allows ; whereas 2. A first instalment, amounting to 13 500 hectoli­ the initial and additional quota shares must be avail­ tres of this quota, shall be shared among the Member able for use until the end of the quota period ; States ; the shares which, subject to Article 5, shall be whereas this method of administration calls for close valid until 31 December 1976, shall consist of the cooperation between Member States and the Commis­ following amounts : sion, which must, in particular, be able to observe the extent to which the quota amount is used and inform (in hectolitres) Member States thereof ; Benelux 1 770 Denmark 1 940 Whereas, if at a specified date in the quota period a considerable balance of the initial share remains in Germany 2 970 France 5 340 one or other Member State , it is essential that that Ireland 20 Member State pays a large amount of it back into the 90 reserve, in order to avoid a part of the Community Italy United Kingdom 1 370 quota remaining unused in one Member State when it could be used in others ; 3. The second instalment, amounting to 1 500 Whereas, since the Kingdom of Belgium, the hectolitres, shall constitute the reserve . Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the Benelux Economic Union, all transactions concerning Article 3 the administration of shares granted to the abovemen­ tioned economic union may be carried out by any of 1 . If 90 % or more of the initial share of a Member its members, State, as laid down in Article 2 (2), or 90 % or more of that share less the amount returned into the reserve, where the provisions of Article 5 have been applied, HAS ADOPTED THIS REGULATION : has been exhausted, that Member State shall proceed without delay, by notifying the Commission, to draw a second share equal to 1 5 % of its initial share, Article 1 rounded up to the next unit where appropriate, to the extent that the amount in the reserve allows . 1 . For the period 1 January to 31 December 1976, a Community tariff quota of 1 5 000 hectolitres shall 2. If, after its initial share has been exhausted, be opened for Madeira, originating in Portugal, falling 90 % of the second share drawn by a Member State within subheadings ex 22.05 C III a) 1 , ex 22.05 C III has been used, that Member State shall proceed in the b) 1 , ex 22.05 C IV a) 1 and ex 22.05 C IV b) 1 of the manner specified in paragraph 1 to draw a third share Common Customs Tariff . equal to 7-5 % of its initial share, rounded up to the next unit where appropriate, to the extent that the 2. The Common Customs Tariff duties on wines amount in the reserve allows . imported within this tariff quota shall be suspended at the rates listed below : 3 . If, after its second share has been exhausted, 90 % or more of the third share drawn by a Member State has been used, that Member State shall proceed, CCT heading No Rate of duty in the manner specified in paragraph 1 , to draw a fourth share equal to the third. ex 22.05 C III a) 1 9-4 u.a./hl ex 22.05 C III b) 1 7-7 u.a./ hl 10-1 u.a./ hl This process shall be applied until the reserve is ex 22.05 C IV a) 1 exhausted . ex 22.05 C IV b) 1 8-4 u.a./ hl

4. Notwithstanding paragraphs 1 , 2 and 3, the 3 . Within the limits of these tariff quotas, the new Member States may proceed to draw shares smaller Member States shall apply the duties calculated in than those fixed in those paragraphs if there is reason accordance with the relevant provisions set out in to believe that those shares might not be used up. Protocol 8 annexed to the Agreement and in the Act They shall inform the Commission of the reasons of Accession . which led them to apply this paragraph.

13 . 11 . 75 No L 294/7 Official Journal of the European Communities

Article4¶

The additional shares drawn pursuant to Article 3 1 . The Member States shall take all appropriate shall be valid until 31 December 1976 . measures to ensure that, when additional shares are drawn pursuant to Article 3, it is possible for charges Article 5 to be made without interruption against their accumu­ lated shares of the Community tariff quota. The Member States shall return to the reserve, not later than 1 October 1976, the unused portion of their 2. The Member States shall ensure that importers initial share which, on 15 September 1976, is in of the said goods established in their territory have excess of 20 % of the initial amount. They may return free access to the shares allocated to them . a larger quantity if there are reasons to believe that such quantity might not be used. 3 . The extent to Which a Member State has used up its shares shall be determined on the basis of the The Member States shall, not later than 1 October 1976, notify the Commission of the total imports of imports originating in Portugal as and when the goods are entered for home use . the products concerned effected up to 15 September 1976 inclusive and charged against the Community quota and, where appropriate, the proportion of their Article 8 initial shares that is being returned to the reserve. At the request of the Commission, Member States Article 6 shall inform it of imports of the products concerned actually charged against their shares. The Commission shall keep account of the shares opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the extent Article 9 to which the reserve has been used as soon as it receives the notifications . The Member States and the Commission shall coop­ The Commission shall, not later that 5 October 1976, erate closely in order to ensure that the provisions of notify Member States of the amount in the reserve this Regulation are observed. after the return of shares pursuant to Article 5.

The Commission shall ensure that any drawing which Article 10 uses up the reserve is limited to the balance available, and for this purpose shall specify the amount thereof This Regulation shall enter into force on 1 January 1976 . to the Member State which makes the final drawing.

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