31976R1517

28 . 6 . 76 Official Journal of the European Communities No L 169 /31

COUNCIL REGULATION (EEC) No 1517/76

of 24 June 1976

opening, allocating and providing for the administration of Community tariff quotas for certain wines having a registered designation of origin, falling within subheading ex 22.05 C of the Common Customs Tariff, originating in Algeria ( 1976/77 )

THE COUNCIL OF THE EUROPEAN hereinafter called the 'Interim Agreement' provides COMMUNITIES , in Article 13 for the advance application of this tariff measure, probably with effect from 1 July 1976 ; whereas the Community tariff quotas Having regard to the Treaty establishing the in question should therefore be opened for an initial European Economic Community, and in particular period from 1 July 1976 until 30 June 1977 ; Articles 43 and 113 thereof,

Whereas Council Regulation (EEC) No 2506/75 of Having regard to the proposal from the Commission , 29 September 1975 laying down special rules for the importation of products in the wine-growing sector originating in certain third countries ( 3 ), introduced Having regard to the opinion of the European Parliament ( J ), the idea of a free-at-frontier reference price, being the reference price less customs duties actually levied ;

Whereas the Cooperation Agreement between the European Economic Community and the People 's Whereas it is in particular necessary to ensure equal Democratic Republic of Algeria signed on and uninterrupted access for all Community 26 April 1976 stipulates in Article 20 that certain importers to the abovementioned quotas, and wines having a registered designation of origin uninterrupted application of the rates laid down for falling- within subheading ex 22.05 C of the Common these quotas to all imports of the products Customs Tariff originating in Algeria shall be concerned into the Member States until the quotas imported into the Community free of customs duties have been used up ; whereas, having regard to the within the limits of an annual Community tariff above principles, the Community nature of the quota ; whereas the volume for the first quota period quotas can be respected by allocating the Com­ is 250 000 hectolitres consisting of 190 000 munity tariff quotas among the Member States ; hectolitres of wine in bulk , and 60 000 hectolitres whereas, in order to reflect most accurately the actual of wine in bottles ; whereas wine in bulk must be development of the market in the products in put up in accordance with certain conditions ; question , such allocation should be in proportion to whereas wine in bottles must be in containers the requirements of the Member States, assessed by holding a maximum of two litres ; whereas the import reference both to the statistics relating to imports prices for the wines must at any given moment be of the said products from Algeria over a representa­ not less than the Community reference prices for tive reference period and to the economic outlook them ; whereas these wines must be accompanied for the quota period concerned ; by a certificate of designation of origin in accordance with the model given in Annex D to the Agreement in question ; Whereas in this case, however, neither Community nor national statistics showing the breakdown for each of the types of wines in question are available Whereas pending the entry into force of the Co­ and no reliable estimates of future imports can be operation Agreement, the Interim Agreement between made ; whereas in these circumstances the quota the European Economic Community and the volumes should be allocated in initial shares , taking People's Democratic Republic of Algeria ( 2 ) into account demand for these wines on the markets of the various Member States ;

(J ) Opinion delivered on 18 June 1976 and not yet published in the Official Journal. (?) OJ No L 141 , 28 . 5 . 1976, p. 2 . (3 ) OJ No L 256, 2. 10 . 1975 , p. 2.

No L 169/32 Official Journal of the European Communities 28 . 6 . 76

Whereas, to take into account import trends for the Whereas, if at a given date in the quota period products concerned in the various Member States, a Member State has a considerable quantity of one eaoh of the quota amounts should be divided into of its initial shares left over, it is essential that it two instalments, the first being allocated among the should return a significant proportion thereof to Member States and the second held as a reserve the relevant reserve, to prevent a part of one or intended to cover at a later date the requirements other of the Community quotas remaining unused in one Member State when it could be used in of Member States who have used up their initial share ; whereas, in order to guarantee some degree others ; of security to importers in each Member State, the first instalment of the Community quotas should be Whereas , since the Kingdom of Belgium, the Kingdom fixed at a level which could, in the present of the Netherlands and the Grand Duchy of circumstances, be 50% of each of the quota volumes ; Luxembourg are united in and represented by the Benelux Economic Union, all transactions concerning Whereas the initial shares of the Member States may the administration of the shares allocated to the not be used up at the same rate ; whereas in order abovementioned Economic Union may be carried to take this into account and avoid disruption , any out bv any one of its members , Member State which has used up almost all of one of its initial shares should draw a supplementary share from the relevant reserve ; whereas this should be done by each Member State each time one of HAS ADOPTED THIS REGULATION : its supplementary shares is almost used up, and so on as many times as the reserve allows ; whereas the initial and supplementary shares should be valid until Article 1 the end of the quota period ; whereas this form of administration requires close collaboration between the Member States and the Commission , and the 1 . For the period from 1 July 1976 to 30 June 1977 Commission must be in a position to follow the Community tariff quotas shall be opened for the extent to which the quota volumes have been used following products originating in Algeria, within the up and inform the Member States thereof; limits set out below :

CCT heading No Description Quota volume

22.05 Wine of fresh grapes ; grape must with fermentation arrested by the addition of alcohol :

C. Other :

— Wines entitled to one of the following designations of origin : Ain Bessem-Bouira , Medea , Coteaux du Zaccar, Dahra , Coteaux de Mascara , Monts du Tessalah , Coteaux de Tlemcen ,

of an actual alcoholic strength not exceeding 15° :

— In containers holding two litres or less 60 000 hi

— In containers holding more than two litres 190 000 hi

28 . 6 . 76 No L 169/ 33 Official Journal of the European Communities

(in hectolitres ) 2. Within these tariff quotas the Common Customs Tariff duties applicable to these wines shall be totally Wines having a registered suspended. The new Member States shall apply duties designation of origin in containers holding : calculated in accordance with the relevant provisions Member States of the Interim Agreement on trade in goods between two litres more than or less two litres the European Economic Community and Algeria and of the Act of Accession . Benelux 5 000 15 000 Denmark 3 000 10 000 3 . The wines in question shall benefit from these Germany 6 000 20 000 tariff quotas on concjition that the prices on import France 6 000 20 000 into the Community are not at any time less than Ireland 2 000 5 000 the free-at-frontier reference prices referred to in 3 000 10 000 Italy Regulation (EEC) No 2506/75 and subsequent texts 5 000 1.5 000 United Kingdom which apply to such prices .

Total 30 000 95 000 4. Wine in containers holding more than two litres must be put up in accordance with the following requirements : 3 . The second instalment of each quota, amounting to 30 000 and 95 000 hectolitres respectively, shall ( a) the containers must be suitable for transporting constitute the reserve . wine and be used solely for that purpose ;

(b ) the containers must be completely filled ; Article 3

(c) the means of closing the containers must be such 1 . If 90% or more of one of a Member State 's that they cannot be tampered with and must initial shares, as specified in Article 2 (2 ), or of that ensure that they cannot be the subject of share less the portion returned to the relevant reserve operations during transportation or storage other where Article 5 has been applied , has been used up , than those carried out under the supervision of that Member State shall , without delay, by notifying the authorities of Algeria or of the Member the Commission, draw a second share equal to 15% States ; of its initial share, rounded up where necessary to the next whole number, in so far as the amount in (d ) each container must be labelled in such a way the reserve allows . as to permit identification of the quality wine it contains ; 2 . If, after one or other of its initial shares has been used up, 90% or more of the second share (e) the wine in question may be transported only in drawn by a Member State has been used up, that containers of a capacity not exceeding 25 Member State shall , in accordance with the hectolitres . conditions laid down in paragraph 1 draw a third share equal to 7-5% of its initial share, rounded up where necessary to the next whole number, in so far 5 . Each of these wines, when imported, shall be as the amount in the reserve allows . accompanied by a certificate of designation of origin, issued by the relevant Algerian authority, in accord­ ance with the model annexed to this Regulation . 3 . If, after one or other of its second shares has been used up, 90% or more of the third share drawn by a Member State has been used up, that Member State shall in accordance with paragraph 1 , draw Article 2 a fourth share equal to the third.

1 . The tariff quotas laid down in Article 1 shall This process shall continue to apply until the reserves be divided into two instalments . are used up .

2. A first instalment of each quota shall be 4. Notwithstanding paragraphs 1 , 2 and 3 , Member allocated among the Member States ; the shares States may draw smaller shares than those fixed in which, subject to Article 5 , shall be valid up to these paragraphs if there is reason to believe that 30 June 1977, shall be as follows : those fixed might not be used up . They shall inform

No L 169/34 28 . 6 . Official Journal of the European Communities

the Commission of their reasons for applying this Article 7 paragraph.

1 . Member States shall take all measures necessary Article 4 to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be charged without interruption against their Each additional share drawn pursuant to Article 3 aggregate shares in the Community quotas . shall be valid until 30 June 1977.

2. Member States shall ensure that importers of the Article 5 products concerned established in their territory have free access to the shares allocated to them . Member States shall return to the reserve, not later than 1 April 1977, the unused portion of their initial share which, on 15 March 1977, is in excess of 3 . Member States shall charge imports of the said 20% of the initial amount. They may return a greater goods against their shares as and when the goods portion if there are grounds for believing that such are entered for home use . portion might not be used in full.

4. The extent to which a Member State has used Member States shall notify the Commission, not later than 1 April 1977, of the total imports of the up its shares shall be determined on the basis of the products concerned effected under the Community imports charged in accordance with paragraph 3 . quotas up to and including 15 March 1977 and, where appropriate, the proportion of each of their initial shares that they are returning to each of the Article 8 reserves .

At the request of the Commission, Member States Article 6 shall inform it of imports actually charged against their shares . The Commission shall keep account of the shares opened by Member States pursuant to Articles 2 and 3 and shall inform each State of the extent to Article 9 which the reserve has been used up as soon as it has been notified. The Member States and the Commission shall The Commission shall notify the Member States, not collaborate closely in order to ensure that this later than 5 April 1977, of the state of each reserve Regulation is observed. after the return of shares pursuant to Article 5 .

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

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

Done at Brussels, 24 June 1976.

For the Council

The President

G. THORN

ANNEX

1 . j U.. , L Eksportør - Ausführer - Exporter - Exporta­ 2 . ' - Nummer - Nummer teur - Esportatore - Exporteur: Number - Numéro - Numero - 00000 Nummer

3 .. ( Name of authority guaranteeing the designation of origin)

4. Modtager - Empfänger - Consignee - Destinataire - Destinatario - Geadresseerde : 5 I J I id «J 1 CERTIFIKAT FOR OPRINDELSESBETEGNELSE BESCHEINIGUNG DER URSPRUNGSBEZEICHNUNG CERTIFICATE OF DESIGNATION OF ORIGIN CERTIFICAT D'APPELLATION D' ORIGINE CERTIFICATO DI DENOMINAZIONE DI ORIGINE 6. J*-*-" - Transportmiddel - Beförderungsmittel CERTIFICAAT VAN BENAMING VAN OORSPRONG - Means of transport - Moyen de transport - Mezzo di trasporto - Vervoermiddel : 7 . ( Designation of origin)

8, t. !/* ^ ' - Losningssted - Entladungsort - Place of unloading - Lieu de déchargement - Luogo di sbarco - Plaats van lossing :

g J J < i f ^ Ij ^ ^ I 10.f c I 11 . I Mærker og numre, kollienes antal og art Bruttovægt gt Liter Zeichen und Nummern, Anzahl und Art der Packstücke RohgewichtRohgewicht Liter Marks and numbers, number and kind of packages Gross weweight Litres Marques et numéros, nombre et nature des colis Poids bri t Litres Marca e numero, quantità e natura dei colli Peso lord o Litri Merken en nummers, aantal en soort der colli BrutogewichtBrutogewicht Liter

12. L») - Liter (i bogstaver) - Liter ( in Buchstaben) - Litres ( in words) - Litres ( en lettres) - Litri ( in lettere) - Literi (voluit):

1 3. I J ^ ^ - Påtegning fra udstedende organ - Bescheinigung der erteilenden Stelle - Certificate of the issuing authority - visa de l' organisme émetteur - Visto dell'organismo emittente - Visum van de instantie van afgifte :

14. I j I à L - Toldstedets attest - Sichtvermerk der Zollstelle - Customs stamp - Visa de la douane - Visto della dogana - Visum van de douane ( Oversættelse se nr. 15 - Über­ setzung siehe Nr. 15 - see the translation under No 15 - Voir traduction au n° 15 - Vedi traduzione al n. 15 - Zie voor vertaling nr. 15 )

!

15 . Det bekræftes, at vinen , der er nævnt i dette certifikat, er fremstillet i området og ifølge algerisk lovgivning er berettiget til oprindelsesbetegnelsen :« «. Alkohol tilsat denne vin er alkohol fremstillet af vin . Wir bestätigen, daß der in dieser Bescheinigung bezeichnete Wein im Bezirk gewonnen wurde und ihm nach algerischem Gesetz die Ursprungsbezeichnung „ " zuerkannt wird . Der diesem Wein zugefügte Alkohol ist aus Wein gewonnener Alkohol . We hereby certify that the wine described in this certificate is wine produced within the wine district of and is considered by Algerian legislation as entitled to the designation of origin '. '. The alcohol added to this wine is alcohol of vinous origin . Nous certifions que le vin décrit dans ce certificat a été produit dans la zone de et est reconnu , suivant la loi algérienne, comme ayant droit à la dénomination d'origine « ». L'alcool ajouté à ce vin est de l'alcool d'origine vinique. Si certifica che il vino descritto nel presente certificato è un vino prodotto nella zona di ed è riconosciuto, secondo la legge algerina come avente diritto alla denominazione di origine « ». L'alcole aggiunto a questo vino è alcole di origine vinica . Wij verklaren dat de in dit certificaat omschreven wijn is vervaardigd in het wijndistrict van en dat volgens de Algerijnse wetgeving de benaming van oorsprong „... " erkend wordt. De aan deze wijn toegevoegde alcohol is alcohol , uit wijn gewonnen .

16 . 0

1) Rubrik forbeholdt eksportlandets andre angivelser. (1) Diese Nummer ist weiteren Angaben des Ausfuhrlandes vorbehalten . (1 ) Space reserved for additional details given in the exporting country . (1) Case réservée pour d'autres indications du pays exportateur. (1 ) Spazio riservato per altre indicazioni del paese esportatore. (1 ) Ruimte bestemd voor andere gegevens van het land van uitvoer.