31976R3032

20. 12. 76 Official Journal of the European Communities No L 350/9

COUNCIL REGULATION (EEC) No 3032/76 of 9 December 1976 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 m Spain ( 1977)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, in vine products ; whereas inclusion in the Com­ munity taniff quota should be subject to production of movement certificate A.E.I and a certificate of Having regard to the Treaty establishing the designation of origin as provided for in Regulation European Economic Community, and in particular (EEC) No 1120/75 (3), endorsed by the Spanish Articles 43 and 113 thereof, customs authorities :

Having regard to the proposal from the Commission,

Whereas it is in particular necessary to ensure to all Having regard to the opinion of the European Community importers equal and uninterrupted access Parliament (1 ), to the abovementioned quotas and uninterrupted application of the rates laid down for these quotas Whereas on the signing of the Agreement between to all imports of the products concerned into all the European Economic Community and Spain (2) at Member States until the quotas have been used up ; Luxembourg on 29 June 1970, the Community whereas, having regard to the principles mentioned undertook to grant preferential tariff arrangements above, the Community nature of the quotas can be for imports into the Community of certain wines respected by allocating die Community tariff quota originating in Spain, in particular Jerez wines ; among the Member States ; whereas, in order to whereas : reflect most accurately the actual development of the market in the products concerned, such allocation — a 60% reduction in the Common Customs Tariff should be in proportion to the needs of the Member duties applicable to Jerez wines, originating in States, assessed by reference to both the statistics of Spain, and imported in containers holding two each State's imports of the said products from Spain litres or less should be granted for 1977 up to over a representative period and the economic a Community tariff quota of 40 000 hectolitres, outlook for the quota period concerned; and

— a 50% reduction in the Common Customs Tariff duties applicable to Jerez wines, originating in Spain, and imported in containers holding more Whereas available Community statistics give no than two litres should be granted for 1977 up to information on the situation of Jerez wines on the a Community tariff quota of 210 000 hectolitres ; markets ; whereas, however, Spanish statistics for exports of these products to the Community during the last few years can be considered to reflect Whereas the Community tariff quotas in question approximately the situation of Community imports ; should be opened for the year 1977; whereas on this basis the corresponding imports by each of the Member States represent the following percentages of the imports into the Community from Whereas these wines remain subject to the provisions Spain of the products concerned: governing the common organization of the market

(*) OJ No C 272, 17. 11 . 1976, p. 7. (*) OJ No L 182, 16. 8. 1970, p. 2. (8) OJ No L 111 , 30. 4. 1975, p. 19.

No L 350/ 10 Official Journal of the European Communities 20 . 12. 76

1973 1974 1975 Whereas the initial quota shares of the Member States may be used up at different times ; whereas, in order Jerez wines : to take this fact into account and avoid any break in continuity, it is important that any Member State — in containers holding two litres or less : having used up almost the whole of its initial quota share should draw an additional quota share from — Germany 14-6 19-3 19-0 the reserve; whereas this must be done by each — Benelux 77-3 72-3 78-3 Member State as and when each of its additional — France - 0-9 0-6 0-5 quota shares is almost entirely used up, and repeated — Italy 7-2 7-8 2-2 as many times as the reserve allows ; whereas the initial, and additional quota shares must be available — in containers holding more than two litres : for use until the end of the quota period; whereas 9-2 8-7 6-8 this method of administration calls (for close coopera­ — Germany 93-0 tion between Member States and the Commission, — Benelux 90-6 91-1 which must, in particular be able to observe the — France 0-1 0-2 0-1 extent to which the quota amounts are used and' in­ — Italy 0-1 0-0 0-1 form Member States thereof;

Whereas if, at a given date in the quota period, a Whereas, in view of these factors and of the considerable quantity of the initial share is left over estimates submitted by certain Member States, initial in a Member State, it is essential that each State quota shares may be fixed approximately at the should return a significant proportion to the reserve following percentages : to prevent a part of the Community quota from remaining unused in one Member State while it could be used in others ; Jerez wines in containers holding : two litres more than or less two litres Whereas, since the Kingdom of Belgium, the King­ dom of the Netherlands and ithe Grand Duchy of Germany 17-2 7-8 Luxembourg are united in and represented by the Benelux 75-6 92-0 Bendlux Economic Union, any measure concerning France 0-9 0-1 the administration of the quota shares allocated to Italy 6-3 0-1 that economic union may be carried out by any of its members ,

Whereas, in order to take into account import trends HAS ADOPTED THIS REGULATION : for the products concerned in the different Member States, each of the quota amounts should be divided into two instalments, the first instalment being allo­ cated among the Member States and the second for­ Article 1 ming a reserve intended ultimately to cover the requirements of the Member States which have used up their initial quota shares ; whereas, in order to 1 . From 1 January until 31 December 1977, the ensure a certain degree of security to importers in Common Customs Tariff duties in respect of the each Member State, the first instalment of the Com­ following Jerez wines originating in Spain shall be munity quotas should be determined at a level which, partially suspended at the levels or within the limits under present circumstances, may be 80% of each of of the Community tariff quotas indicated for each of the quota amounts ; them :

Rate Quota CCT heading No Description volume (in u.a./hl) (in 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 } 40000

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

20. 12. 76 Official Journal of the European Communities No L 350/11

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

3. The inclusion of these wines in the Community tariff quota referred to in paragraph 1 shall be conditional upon production of a movement certificate A.E.1 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 allocated among the Member States ; the respective shares, which subject to Article 5 shall be valid until 31 December 1977, shall be as follows;

(tn hectolitres) 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 13 100 Benelux 24 200 154 560 France 300 170 Italy 2 000 170

Total 32 000 168 000

3 . The second instalment of each quota, that is 8 000 appropriate, to the extent that the amount in the reserve allows. and 42 000 hectolitres respectively, shaill constitute the reserve. 3 . If, after one or other of its second shares have been exhausted, 90% or more of the third share drawn by a Member State has been used, that Article 3 Member State shall, in accordance with the same conditions, draw a fourth share equal to the third. 1 . If 90% or more of the initial share of a Member State, as laid down in Article 2 (2), or 90% of that This process shall be applied until the reserve is share less the amount returned into the reserve, exhausted. where the provisions of Article 5 have been applied has been exhausted, that Member State shall proceed 4. Notwithstanding the .provisions of paragraphs 1, without delay, iby notifying the Commissfion, to draw 2 and 3, the Member States may proceed to draw a second share equal to 15% of its initial share, shares smaller than those fixed in those paragraphs, rounded up to the next unit where appropriate, to if there is reason to bdlieve that those shares might the extent that the amount in the reserve allows. not be used up. They shall inform the Commission of the reasons which led them to apply this paragraph. 2. If, after one or other of its initial shares have been exhausted, 90% or more of the second share Article 4 drawn by a Member State has been used, that Member State shall proceed in the manner specified in paragraph 1 to draw a third share equal to 7*5% Each of the additional shares drawn pursuant to of its initial share, rounded up to the next unit where Article 3 shall be valid until 31 December 1977. *

No L 350/ 12 Official Journal of the European Communities 20. 12. 76

Article 5 draw pursuant to Article 3, it is possible for charges to be made without interruption against their ac­ The Memiber States shall return to the reserve, not cumulated shares of the Community quota. later than 1 October 1977, the unused portion of their initial share whidi, on 15 September 1977, is 2. The Member States shall ensure that importers of in excess of 20% of the initial amount. They may the said goods established in their territory have free return a greater portion if there are grounds for be­ access to the shares allocated to them . lieving that such portion may not be used in full.

The Member States shall, not later than 1 October 3. The Member States shall charge imports of the 1977, notify the Commission of the total quantities said goods against their shares as and when the of the said goods imported up to and including 15 goods are entered for home use. September 1977, and charged against the appropriate Community tariff quota and any quantities of the 4. The extent to which a Member State has used initiail share returned to the reserve. up its share shall be determined on the basis of the imports charged in accordance with paragraph 3 .

Article6¶

The Commission shall! keep account of the shares Article 8 opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the extent On receipt of a request from the Commission, to which the reserve has been used as soon as it Member States shall inform it of imports actually receives tihe notifications . charged against their shares.

The Commission shall, not later than 5 October 1977, notify Member States of the amount in the reserve after the return of shares pursuant to Article 5 . Article 9

The Commission shall ensure that any drawing which uses up the reserve is limited to the balance The Member States and the Commission shall co­ available and, for this purpose, shall specify the operate closely in order to ensure that this Regulation amount thereof to the Member State which makes is observed. the final drawing.

Article10¶

1 . The Member States shall take all appropriate This Regulation shall enter into force on 1 January measures to ensure that, when additional shares are 1977 .

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

Done at Brussels, 9 December 1976 .

For the Council

The President P. J. J. MERTENS