31976R3087

18 . 12 . 76 Official Journal of the European Communities No L 348 / 5

COUNCIL REGULATION (EEC) No 3087 /76 of 13 December 1976 opening, allocating and providing for the administration of Community tariff quotas for Madeira wines, falling within heading No ex 22.05 of the Common Customs Tariff, originating in Portugal ( 1977)

THE COUNCIL OF THE EUROPEAN Whereas it is in particular necessary to ensure for all COMMUNITIES, Community importers equal and uninterrupted access to the abovementioned quotas and uninterrupted application of the rates laid down for these quotas to Having regard to the Treaty establishing the European all imports of the products concerned into all Member Economic Community, and in particular Articles 43 States until the quotas have been used up ; whereas, and 113 thereof, having regard to the principles mentioned above, the Community nature of the quotas can be respected by allocating the Community tariff quota among the Member States ; Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parlia­ ment (! ), Whereas, in order to reflect most accurately the actual development of the market in the products concerned, Whereas Article 4 of Protocol 8 to the Agreement such allocation should be in proportion to the needs between the European Economic Community and the of the Member States, assessed by reference both to Portuguese Republic (2), as amended by the Interim the statistics of each State's imports from Portugal Agreement between the European Economic Commu­ over a representative period and to the economic nity and the Portuguese Republic (3), provides that outlook for the quota period concerned ; customs duties on imports into the Community of certain wines originating in Portugal, shall be reduced :

— by 60' % in the case of the duties applicable to Whereas available Community statistics give no infor­ Madeira wines falling within subheadings ex 22.05 mation on the situation of Madeira wines on the C III a) 1 and ex 22.05 C IV a) 1 of the Common markets ; whereas, however, Portuguese statistics for Customs Tariff, up to a total annual tariff quota of exports of these products to the Community during 1 500 hi, and the past three years can be considered to reflect approximately the situation of Community imports ; — by 50 % in the case of the duties applicable to whereas on this basis the corresponding imports by Madeira wines falling within subheadings ex 22.05 each of the Member States for the past three years C III b) 1 and ex 22.05 C IV b) 1 of the Common represent the following percentages of the imports Customs Tariff up to a total annual tariff quota of 14 500 hi ; into the Community from Portugal of the products concerned :

Whereas this reduction applies, in the case of the 1973 1974 1975 Community as originally constituted, to the Common Customs Tariff duties ; whereas in the case of the new Member States, this reduction applies up to and Madeira wines including 30 June 1977 to such duties as these States — in receptacles contain­ apply at any given moment to imports from third ing two litres or less : countries and from 1 July 1977 to the Common — Benelux 13-3 15-8 28-7 Customs Tariff duties ; whereas these wines will — Denmark 16-8 22-5 31-5 remain subject to the provisions governing the — Germany 19-9 8 -7 90 common organization of the market in wine ; — France 4-5 3-4 2-5 — Ireland 1-5 0-8 1-0 (') OJ No C 259 , 4. 11 . 1976, p. 37 . — Italy 23-8 35-4 17-3 (2) OJ No L 301 , 31 . 12. 1972, p. 165. 20·2 13-4 100 — United Kingdom (3) OJ No L 266, 29 . 9. 1976, p . 2.

No L 348 / 6 Official Journal of the European Communities 18 . 12. 76

end of the quota period ; whereas this method of 1973 1974 1975 administration calls for close cooperation between Member States and the Commission, which must, in particular, be able to observe the extent to which the — in receptacles contain­ quota amounts are used and inform Member States ing more than two litres : thereof ;

— Benelux 13-7 14-8 13-6 Whereas if, at a specified date in the quota period, a — Denmark 18-4 160 10-6 considerable balance of one of the initial quota shares — Germany 17-8 18-1 21-4 remains in one or other Member State it is essential — France 39-4 40-8 46-7 — Ireland 01 01 — that that Member State pays a large amount of it back — — — into the reserve, in order to avoid a part of one or — Italy — United Kingdom 10-6 10-2 7-7 other of the Community quotas remaining unused in one Member State when it could be used in others ;

Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of whereas, in view of these data and the estimates Luxembourg are united in and represented by the submitted by certain Member States, initial quota Benelux Economic Union, all transactions concerning shares may be fixed approximately at the following the administration of shares granted to the abovemen­ percentages : tioned economic union may be carried out by any of its members, Madeira wines in receptacles containing

two litres more than HAS ADOPTED THIS REGULATION : or less two litres

Benelux 18-4 14-0 Article 1 Denmark 22-9 16-5 Germany 13-1 19-1 1 . For the period from 1 January to 31 December France 3-6 40-8 1977, Community tariff quotas shall be opened for Ireland 1-1 0-1 products originating in Portugal, and within the limits Italy 25-8 0-1 listed below : United Kingdom 1 5-1 9-4

CCT Quota heading No Description amount

Whereas, in order to take into account import trends ex 22.05 C III a) 1 ) Madeira 1 500 hi for the products concerned in the different Member ex 22.05 C IV a) 1 ^ wines States, each of the quota amounts should be divided ex 22.05 C III b) 1 ( Madeira into two instalments, the first instalment being allo­ ) wines 14 500 hi ex 22.05 C IV b) 1 cated among the Member States and the second forming a reserve intended ultimately to cover the requirements of the Member States which have used up their initial quota shares ; whereas, in order to 2. The Common Customs Tariff duties on wines ensure a certain degree of security for importers in imported within these tariff quotas shall be suspended each Member State, the first instalment of the at the rates listed below : Community quotas should be determined at a level which, under present circumstances, may be 90 % of CCT heading No Rate of duty each of the quota amounts ;

ex 22.05 C III a) 1 5-4 u.a./hl Whereas the initial quota shares of the Member States ex 22.05 C IV a) 1 5-8 u.a./hl may be used up at different times ; whereas, in order ex 22.05 C III b) 1 5-5 u.a./hl to take this fact into account and avoid any break in 6-0 u.a./ hl ex 22.05 C IV b) 1 continuity, any Member State having used up almost the whole of any one of its initial quota shares should draw an additional quota share from the corres­ ponding reserve ; whereas this must be done by each 3. Within the limits of these tariff quotas and up to Member State when each of its additional quota shares and including 30 June 1977, the new Member States is almost entirely used up, and repeated as many times shall apply the duties calculated in accordance with as the reserve allows ; whereas the initial and addi­ the provisions set out in Protocol 8 annexed to the tional quota shares must be available for use until the Agreement and in the Act of Accession.

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Article 2 4. Notwithstanding paragraphs 1 , 2 and 3, the Member States may proceed to draw shares smaller 1 . The tariff quotas laid down in Article 1 shall be than those fixed in those paragraphs if there is any divided into two instalments . reason to believe that those shares might not be used up. They shall inform the Commission of the reasons 2. A first instalment of each quota shall be shared which led them to apply this paragraph . among the Member States ; the shares which, subject to Article 5, shall be valid until 31 December 1977 Article 4 shall consist of the following amounts :

(in hectolitres) Each of the additional shares drawn pursuant to Madeira wines under subheadings Article 3 shall be valid until 31 December 1977 .

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 Article 5

Benelux 248 1 820 The Member States shall return to the reserve, not Denmark 309 2 150 later than 1 October 1977, the unused portion of their Germany 177 2 480 France 50 initial share which, on 15 September 1977, is in 5 300 Ireland excess of 20 % of the initial amount. They may return 15 15 347 15 a larger quantity if there are reasons to believe that Italy United Kingdom 204 1 220 such quantity might not be used.

Total 1 350 1 3 000 The Member States shall, not later than 1 October 1977, notify the Commission of the total imports of the products concerned effected up to 15 September 1977 inclusive and charged against the Community 3. The second instalment of each quota, 1 50 hecto­ quotas and, where appropriate, the proportion of their litres and 1 500 hectolitres respectively, shall consti­ initial shares that is being returned to each reserve. tute the reserve .

Article 6 Article 3 The Commission shall keep account of the shares 1 . If 90 % or more of one of the initial shares of a opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the extent Member State, as laid down in Article 2 (2) or 90 % or to which the reserves have been used as soon as it more of that share less the amount returned into the receives the notifications . reserve, where the provisions of Article 5 have been applied, has been exhausted, that Member State shall proceed without delay, by notifying the Commission, The Commission shall, not later than 5 October 1977, to draw a second share equal to 1 5 % of its initial notify Member States of the amount in each reserve share, rounded up to the next unit where appropriate, after the return of shares pursuant to Article 5. to the extent that the amount in the reserve allows . The Commission shall ensure that any drawing which 2. If, after one or other of its initial shares has been uses up any reserve is limited to the balance available exhausted, 90 % or more of the second share drawn and for this purpose, shall specify the amount thereof by a Member State has been used, that Member State to the Member State which makes the final drawing. shall proceed in the manner specified in paragraph 1 to draw a third share equal to 7-5 % of its initial share, rounded up to the next unit where appropriate, Article 7 to the extent that the amount in the reserve allows . 1 . The Member States shall take all appropriate 3 . If, after one of its second shares has been measures to ensure that, when additional shares are exhausted, 90 % or more of the third share drawn by drawn pursuant to Article 3, it is possible for charges a Member State has been used, that Member State to be made, without interruption, against their accu­ shall proceed in the manner specified in paragraph 1 , mulated shares of the Community tariff quotas. to draw a fourth share equal to the third. 2. The Member States shall ensure that importers This process shall be applied until the reserve is of the said goods established in their territory have exhausted . free access to the shares allocated to them .

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3. The extent to which a Member State has used up Article 9 its shares shall be determined on the basis of the imports originating in Portugal as and when the goods The Member States and the Commission shall coop­ are entered for home use. erate closely in order to ensure that the provisions of this Regulation are observed. Article 8 Article 10 At the Commission s request Member States shall inform it of imports of the products concerned This Regulation shall enter into force on 1 January actually charged against their shares. 1977 .

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

Done at Brussels, 13 December 1976.

For the Council

The President

M. van der STOEL