31976R3088

18 . 12 . 76 Official Journal of the European Communities No L 348 /9

COUNCIL REGULATION (EEC) No 3088 /76 of 13 December 1976 opening, allocating and providing (or the administration of Community tariff quotas for Setubal muscatel wines, falling within heading No ex 22.05 of the Common Customs Tariff, originating in Portugal ( 1977)

THE COUNCIL OF THE EUROPEAN countries and from 1 July 1977 to the Common COMMUNITIES, Customs Tariff duties ; whereas these wines will remain subject to the provisions governing the common organization of the market in wine ;

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

Whereas, in order to reflect most accurately the actual Whereas Article 4 of Protocol 8 to the Agreement development of the market in the products concerned, between the European Economic Community and the such allocation should be in proportion to the needs Portuguese Republic (2), as amended by the Interim of the Member States, assessed by reference both to Agreement between the European Economic Commu­ the statistics of each State's imports from Portugal over a representative period and to the economic nity and the Portuguese Republic (3), provides that customs duties on imports into the Community of outlook for the quota period concerned ; certain wines originating in Portugal, shall be reduced : Whereas available Community statistics give no infor­ mation on the situation of Setubal muscatel wines on by 60 % in the case of the duties applicable to the markets ; whereas, however, Portuguese statistics Setubal muscatel wines falling within subheadings for exports of these products to the Community ex 22.05 C III a) 1 and ex 22.05 C IV a) 1 of the during the past three years can be considered to Common Customs Tariff, up to a total annual reflect approximately the situation of Community tariff quota of 1 000 hi, and imports ; whereas on this basis the corresponding imports by each of the Member States for the past by 50 % in the case of the duties applicable to three years represent the following percentages of the imports into the Community from Portugal of the Setubal muscatel wines falling within subheadings products concerned : ex 22.05 C III b) 1 and ex 22.05 C IV b) 1 of the Common Customs Tariff up to a total annual tariff quota of 2 000 hi ; 1973 1974 1975

Setúbal muscatel wines : Whereas this reduction applies, in the case of the — in receptables contain­ Community as originally constituted, to the Common ing two litres or less : Customs Tariff duties ; whereas in the case of the new — Benelux 8 30 Member States, this reduction applies up to and — — Denmark 4 20 including 30 June 1977 to such duties as these States 34 50 80 — Germany apply at any given moment to imports from third — France — — — — Ireland 4 — — (') OJ No C 259, 4. 11 . 1976, p. 37. — 20 — — Italy (2) OJ No L 301 , 31 . 12. 1972, p . 165. 50 — — — United Kingdom (J) OJ No L 266, 29 . 9 . 1976, p. 2.

No L 348 / 10 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 25 70 — Denmark — — — Whereas if, at a specified date in the quota period, a — — — considerable balance of one of the initial quota shares — Germany — France — — — remains in one or other Member State it is essential — Ireland — — — that that Member State pays a large amount of it back -— — — — Italy into the reserve, in order to avoid a part of one or 75 30 — — United Kingdom 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 Whereas, in view of these data and the estimates Kingdom of the Netherlands and the Grand Duchy of submitted by certain Member States, initial quota Luxembourg are united in and represented by the shares may be fixed approximately at the following Benelux Economic Union, all transactions concerning percentages : the administration of shares granted to the abovemen­ tioned economic union may be carried out by any of Setúbal muscatel wines its members, in receptacles containing two litres more than or less two litres HAS ADOPTED THIS REGULATION Benelux 20 20 Denmark 5 5 20 20 Article 1 Germany France 20 20 Ireland 5 5 1 . For the period from 1 January to 31 December Italy 10 10 1977, Community tariff quotas shall be opened for United Kingdom 20 20 products originating in Portugal, and within the limits listed below :

CCT Quota Whereas, in order to take into account import trends Description amount heading No for the products concerned in the different Member States, each of the quota amounts should be divided ) Setúbal ex 22.05 C III a) 1 1 000 hi into two instalments, the first instalment being allo­ v muscatel wines ex 22.05 C IV a) 1 cated among the Member States and the second ex 22.05 C III b) 1 i Setúbal forming a reserve intended ultimately to cover the 2 000 hi ex 22.05 C IV b) 1 ) muscatel wines requirements of the Member States which have used up their initial quota shares ; whereas, in order to ensure a certain degree of security for importers in 2. The Common Customs Tariff duties on wines each Member State, the first instalment of the imported within these tariff quotas shall be suspended Community quotas should be determined at a level at the rates listed below : which, under present circumstances, may be 90 % of each of the quota amounts ; CCT heading No Rate of duty

Whereas the initial quota shares of the Member States 5-4 u.a./ hl ex 22.05 C III a) 1 may be used up at different times ; whereas, in order ex 22.05 C IV a) 1 5-8 u.a./ hl to take this fact into account and avoid any break in ex 22.05 C III b) 1 5-5 u.a./ hl continuity, any Member State having used up almost ex 22.05 C IV b) 1 6Ό u.a./ hl 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 .

18 . 12 . 76 Official Journal of the European Communities No L 348/ 11

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 M which led them to apply this paragraph . 2. A first instalment of each quota shall be shared 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 to drawn pursuant Article 3 shall be valid until 31 December 1977 . Setúbal muscatel wines under subheadings ex 22.05 C 111 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 180 360 The Member States shall return to the reserve, not Denmark 45 90 later than 1 October 1977, the unused portion of their Germany 180 360 initial share which, on 15 September 1977, is in France 180 360 excess of 20 % of the initial amount. They may return Ireland 45 90 a larger quantity if there are reasons to believe that Italy 90 180 180 360 such quantity might not be used. United Kingdom Total 900 1 800 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, 100 hectol­ quotas and, where appropriate, the proportion of their itres and 200 hectolitres respectively, shall constitute initial shares that is being returned to each reserve. 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 Member State, as laid down in Article 2 (2) or 90 % or 2 and 3 and shall inform each of them of the extent more of that share less the amount returned into the to which the reserves have been used as soon as it reserve, where the provisions of Article 5 have been receives the notifications . 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 unti 1 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 actu­ This Regulation shall enter into force on 1 January ally 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