31976R1773

No L 197/52 23 . 7 . 76 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 1773/76 of 22 July 1976 concerning the allocation of a Community tariff quota of wine of fresh grapes, intended to be fortified for distillation, originating in Algeria

THE COUNCIL OF THE EUROPEAN Member States of the product concerned, the quota COMMUNITIES, should be divided into two instalments ; the first to be allocated among all the Member States and the second to form a reserve intended to cover any subsequent Having regard to the Treaty establishing the European requirements of Member States which have used up Economic Community, their initial shares ;

Having regard to Council Regulation (EEC) No 1516/76 of 24 June 1976 on imports of wine of fresh Whereas Member States may use up their initial grapes, intended to be fortified for distillation, origi­ shares at different rates ; whereas to provide for this nating in Algeria (!), and in particular Article 3 (1 ) eventuality and to avoid disruption of supplies, any thereof, Member State which has almost used up its initial share should draw an additional share from the reserve ; whereas this should be done by each Member Having regard to the proposal from the Commission, State when each of its additional shares has been almost used up, and so on as many, times as the Whereas Regulation (EEC) No 1516/76 lays down reserve allows ; whereas the initial and additional that, pursuant to the Cooperation Agreement and the shares should be valid until the end of the quota Interim Agreement (2) signed on 26 April 1976 by the period ; European Economic Community and the People's Democratic Republic of Algeria, wines of fresh grapes, intended for fortifying, falling within subheadings Whereas if, at a given date in the quota period, a 22.05 C I ex b) and C II ex b) of the Common considerable quantity of a Member State's initial share Customs Tariff, originating in Algeria, may be remains unused, it is essential that that Member State imported into the Community with a tariff concession should return it to the reserve so as to prevent a part consisting of an 80 % reduction in the customs duties of the quota from remaining unused in one Member and within the limits of a Community quota subject State when it could be used in others ; to observance of a special price ; whereas the annual quota is 500 000 hectolitres per year for four years from the entry into force of the Interim Agreement ; Whereas, since the Kingdom of Belgium, the whereas the first annual Community quovta should be Kingdom of the Netherlands and the Grand Duchy of allocated for the period 1 July 1976 to 30 June 1977 ; Luxembourg are united within and jointly represented by the Benelux Economic Union any measure concerning the administration of the shares allocated Whereas, in order to follow as closely as possible the to that economic union may be carried out by any actual development of the market in the products in one of its members, question, such allocation must be effected in propor­ tion to Member States' requirements, calculated on the basis of the statistics on imports of the said products from Algeria during a representative period and also on the basis of the economic prospects for the tariff period under consideration ; HAS ADOPTED THIS REGULATION : Whereas, however, in this case, there are no Commu­ nity or national statistics for the wines in question ; whereas, provision should consequently be made for allocating the total quota into shares which take Article 1 account of the capacity of the markets of the Member States to absorb the said wines ; The 500 000 hectolitres quota opened for wine of Whereas, in order to take account in these conditions fresh grapes intended for fortifying, originating in Algeria, under the conditions laid down by Regulation of the uncertainty in trends in imports into the (EEC) No 1516/76, shall be allocated as follows (») OJ No L 169, 28 . 6. 1976, p. 29 . among the Member States for the period 1 July 1976 (2) OJ No L 141 , 28 . 5. 1976, p. 2. to 30 June 1977 :

23 . 7. 76 No L 197/53 Official Journal of the European Communities

(in hectolitres) by notifying the Commission, draw a second share Benelux 30 000 which may amount to the total quantities actually Denmark 1 250 used for fortifying, to the extent that the reserve so Germany 115 000 permits. France 100 000 2. Other shares may be drawn in accordance with Ireland 1 250 the same conditions until the reserve is used up. Italy 100 000 3 . Member States shall return to the reserve, not 7 500 United Kingdom later than 1 April 1977, the unused share of their quota. The reserve shall be used in accordance with The remaining 145 000 hectolitres shall constitute the paragraph 2. reserve . Article 3 Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European 1 . If 90 % or more of any Member State's initial Communities. share as fixed in Article 1 is used for fortifying as part of its initial share, that Member State shall forthwith, It shall be applicable from 1 July 1976.

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

Done at Brussels, 22 July 1976.

For the Council

The President

M. van der STOEL