31975R3161

Official Journal of the European Communities No L 317/79 8 . 12 . 75

REGULATION (EEC) No 3161/75 OF THE COUNCIL

of 24 November 1975 opening, allocating and providing for the administration of a Community tariff quota for Jerez wines, falling within heading No ex 22.05 of the Common Customs Tariff, originating in Spain ( 1976)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, period of validity of these tariff quotas to such period as is not covered by the new Agreement ;

Having regard to the Treaty establishing the Whereas these wines remain subject to the provisions European Economic Community, and in particular Articles 43 and 113 thereof ; governing the common organization of the market in vine products ; whereas inclusion in the Community tariff quota should be subject to production of Having regard to the proposal from the Commission ; movement certificate A.E.I and a certificate of designation of origin as provided for in Regulation (EEC) No 1120/75 (3 ) endorsed by the Spanish Having regard to the Opinion of the European customs authorities ; Parliament (*);

Whereas it is in particular necessary to ensure to Whereas on the signing of the Agreement ( 2) between all Community importers equal and uninterrupted the European Economic Community and Spain at access to the abovementioned quotas and uninter­ Luxembourg on 29 June 1970, the Community rupted application of the rates laid down for these undertook to grant preferential tariff arrangements quotas to all imports of the products concerned into for imports into the Community of certain wines, all Member States until the quotas have been used originating in Spain , in particular Jerez wines ; up ; whereas, having regard to the principles whereas : mentioned above , the Community nature of the quotas can be respected by allocating the Community — a 60% reduction in the Common Customs Tariff tariff quota among the Member States ; whereas, in duties applicable to Jerez wines, originating in order to reflect more accurately the actual develop­ Spain and imported in containers holding two ment of the market in the products concerned, such litres or less should be granted for 1976 up to allocation should be in proportion to the needs of a Community tariff quota of 40 000 hectolitres ; the Member States, assessed by reference to both and the statistics of each State's imports of the said products from Spain over a representative period and — a 50% reduction in the Common Customs Tariff the economic outlook for the quota period concerned ; duties applicable to Jerez wines, originating in Spain and imported in containers holding more than two litres should be granted for 1976 up to Whereas available Community statistics give no in­ a Community tariff quota of 210 000 hectolitres ; formation on the situation of Jerez wines on the markets ; whereas, however, Spanish statistics for exports of these products to the Community during Whereas the Community tariff quotas in question the past few years can be considered to reflect should be opened for the year 1976, and whereas, approximately the situation of Community imports ; however, because of the possibility of implementing whereas on this basis the corresponding imports by other preferential arrangements as a result of a new each of the Member States represent the following Agreement between the European Economic percentages of the imports into the Community from Community and Spain, it is necessary to confine the Spain of the products concerned :

(!) OJ No C 239, 20. 10. 1975, p. 49. (2) OJ No L 182, 16. 8 . 1970, p. 2 . (3 ) OJ No L 111 , 30. 4. 1975 , p. 19 .

No L 317/ 80 Official Journal of the European Communities 8 . 12 . 75

1972 1973 1974 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 Jerez wines : break in continuity, it is important that any Member State having used up almost the whole of its initial " — in containers holding two litres or less : quota share should draw an additional quota share from the reserve ; whereas this must be done by each — Germany 14-8 14-6 19-3 Member State as and when each of its additional — Benelux 76-8 77-3 72-3 quota shares is almost entirely used up, and repeated — France 1-0 0-9 0-6 as many times as the reserve allows ; whereas the — Italy 7-4 7-2 7-8 initial and additional quota shares must be available — in containers holding for use until the end of the quota period ; whereas more than two litres : this method of administration calls for close cooper­ ation between Member States and the Commission , — Germany 5-5 9-2 8-7 which must, in particular, be able to observe the — Benelux 94-3 90-6 91-1 extent to which the quota amounts are used and — France 0-1 0-1 0-2 inform Member States thereof ; — Italy 0-1 0-1 0-0

Whereas if, at a specified date in the quota period, Whereas, in view of these factors and of the estimates a considerable balance remains in one or other submitted by certain Member States, initial quota Member State, it is essential that that Member State shares may be fixed approximately at the following pays a large amount of it back into the reserve, in percentages : order to avoid a part of one or other of the Community quotas remaining unused in one Member State when it could be used in others ; Jerez wines in containers holding :

two litres more than Whereas, since the Kingdom of Belgium, the Kingdom or less two litres of the Netherlands and the Grand Duchy of Luxem­ bourg are united in and represented by the Benelux 17-2 7-8 Economic Union, any measure concerning the Germany administration of the quota shares allocated to that Benelux 74-0 92-0 economic union may be carried out by one of its France 0-9 0-1 members,

Italy 7-9 0-1

HAS ADOPTED THIS REGULATION : Whereas, in order to take account import trends for products in question in the Member States concerned, Article 1 the quota amounts should be divided into two instal­ ments , the first instalment being allocated among the same Member States , the second instalment 1 . From 1 January 1976 until the date of entry into constituting a reserve intended to cover the later force of a new Agreement between the European requirements of Member States which have used up Economic Community and Spain, but not later than their initial quota shares ; whereas in order to ensure 31 December 1976, the Common Customs Tariff a certain degree of security to importers in each duties in respect of the following Jerez wines, origin­ Member State, the first instalment of the quotas ating in Spain, shall be partially suspended at the should be fixed in this case at approximately 80 % levels or within the limits of the Community tariff of each of the quota amounts ; quotas indicated for each of them :

8 . 12 . 75 Official Journal of the European Communities No L 317/81

Rate Quota CCT heading No Description volume (u.a.'hl ) (hi)

ex 22.05 C III a) 1 Wines from Jerez 5-4 ex 22.05 C IV a) 1 Wines from Jerez 5-8 J 40 000

ex 22.05 C III b) 1 Wines from Jerez 5-5 ex 22.05 C IV b) 1 Wines from Jerez 6-0 J 210 000

2. The Protocol on the definition of the concept of 'originating products' and on methods of administrative cooperation, annexed to the Agreement between the Euro­ pean Economic Community and Spain, shall be applicable.

3 . The inclusion of these wines in the Community tariff quota referred to in para­ graph 1 shall be conditional upon observance of the reference price applying to them and production of a movement certificate A.E.I and a certificate of designation of origin as provided for in Regulation (EEC) No 1120/75, endorsed by the Spanish authorities.

Article2¶

1 . The quotas laid down in Article 1 shall be divided into two instalments.

2. A first instalment shall be shared among the Member States; the shares, which subject to Article 5 shall be valid until the end of the period specified in Article 1 , shall be as follows : Jerez wines under subheadings : ex 22.05 C III a) 1 ex 22.05 C III b) 1 and and ex 22.05 C IV a) 1 ex 22.05 C IV b) 1

Germany 5 500 13 000 Benelux 23 700 154 560 France 300 170 Italy 2 500 170

Total 32 000 168 000

3 . The second instalment of each quota, that is 2 . If, after one or other of its initial shares have been 8 000 hectolitres and 42 000 hectolitres respectively, exhausted, 90% or more of the second share drawn shall constitute the reserve. by a Member State has been used, that Member State shall proceed, in the manner specified in para­ graph 1 , to draw a third share equal to 7-5% of its initial share, rounded up to the next unit where Article 3 appropriate, to the extent that the reserve is sufficient.

3 . If, after one or other of its second shares have 1 . If 90% or more of the initial share of a Member been exhausted, 90% or more of the third share State, as laid down in Article 2 (2), or 90% of that drawn by a Member State has been used, that share less the amount returned into the reserve, Member State shall proceed, in the manner specified where the provisions of Article 5 have been applied, in paragraph 1 , to draw a fourth share equal to the has been exhausted, that Member State shall proceed third. without delay, by notifying the Commission, to draw a second share equal to 15% of its initial share, rounded up to the next unit where appropriate, to This process shall be applied until the reserve is the extent that the reserve is sufficient. exhausted.

No L 317/82 Official Journal of the European Communities 8 . 12.75

4. Notwithstanding the provisions of paragraphs 1 , The Commission shall ensure that any drawing which 2 and 3 a Member State may proceed to draw shares uses up any reserve is limited to the balance available smaller than those fixed in those paragraphs if there and for this purpose shall specify the amount thereof is reason to believe that those shares might not be to the Member State which makes the last drawing. used up . They shall inform the Commission of the reasons which led them to apply this paragraph. Article 7

Article 4 1 . The Member States shall takes all appropriate measures to ensure that when additional shares are Each of the additional shares drawn pursuant to drawn pursuant to Article 3 it is possible for charges Article 3 shall be valid until the end of the period to be made without interruption against their stipulated in Article 1 . accumulated shares of the Community quotas .

2 . The Member States shall ensure that importers of Article 5 the said goods established in their territory have free access to the shares allocated to them. The Member States shall return to the reserve, not later than 1 October 1976, the unused portion of 3 . The Member States shall charge imports of the their initial share which, on 15 September 1976, is said goods against their shares as and when the goods in excess of 20% of the initial amount. They may are entered for home use . return a larger portion if there are grounds for believing that such portion may not be used in full . 4 . The extent to which a Member State has used The Member States shall , not later than 1 October up its share shall be determined on the basis of the imports charged in accordance with paragraph 3 . 1976, notify the Commission of the total imports of the products concerned effected up to and including 15 September 1976, and charged against the Com­ Article 8 munity quotas and, where appropriate, the propor­ tion of their initial shares that is being returned to On receipt of a request from the Commission, the each reserve. Member States shall inform it of imports 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 State of the extent to cooperate closely in order to ensure that this Regu­ lation is observed . which the reserves have been used as soon as it receives the notifications . Article 10 The Commission shall, not later than 5 October 1976, notify Member States of the amount in each This Regulation shall enter into force on 1 January reserve after the return of shares pursuant to Article 5 . 1976 .

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

Done at Brussels, 24 November 1975 .

For the Council

The President B. VISENTINI