31977R0483

No L 65/4 Official Journal of the European Communities 11 . 3 . 77

COUNCIL REGULATION (EEC) No 483/77 of 8 March 1977 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 Morocco ( 1977/78)

THE COUNCIL OF THE EUROPEAN importation of products in the wine-growing sector COMMUNITIES, originating in certain third countries (4), introduced the idea of a free-at-frontier reference price, being the reference price less customs duties actually levied ; Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 1 1 3 thereof,

Whereas it is in particular necessary to ensure equal Having regard to the proposal from the Commission, and uninterrupted access for all Community importers to the abovementioned quotas, and uninterrupted application of the rates laid down for these quotas to Having regard to the opinion of the European Parlia­ all imports of the products concerned into the ment ( ! ), Member States until the quotas have been used up ; whereas, having regard to the above principles, the Whereas the Interim Agreement between the Euro­ Community nature of the quotas can be respected by pean Economic Community and the Kingdom of allocating the Community tariff quotas among the Morocco (2), signed on 27 April 1976 stipulates in Member States ; whereas, in order to reflect most accu­ Article 14 that certain wines having a registered desig­ rately the actual development of the market in the nation of origin falling within subheading ex 22.05 C products in question, such allocation should be in of the Common Customs Tariff, originating in proportion to the requirements of the Member States, Morocco, shall be imported into the Community free assessed by reference to both the statistics relating to of customs duties within the limits of an annual imports of the said products from Morocco over a Community tariff quota of 50 000 hectolitres ; representative reference period and the economic whereas these wines must be put up in containers outlook for the quota period concerned ; holding two litres or less ; whereas, however, the Community has declared itself willing to apply the abovementioned provisions for a period of one year and for a volume not exceeding 20 000 hectolitres to Whereas in this case , however, neither Community wine exported in bulk ; whereas wines in bulk must nor national statistics showing the breakdown for each be put up in accordance with specific requirements ; of the types of wines in question are available and no reliable estimates of future imports can be made ; whereas, in these circumstances, the quota volumes Whereas the import price for the wines must at any should be allocated in initial shares, taking into given moment be not less than the Community refer­ account demand for these wines on the markets of the ence prices for them ; whereas these wines must be various Member States : accompanied by a certificate of designation of origin in accordance with the model given in Annex D to the Agreement in question ;

Whereas, to take into account import trends for the Whereas, on the basis of an exchange of letters products concerned in the various Member States, provided for in Article 14 of the Agreement and each of the quota amounts should be divided into two signed on (3), the tariff reduction shall apply instalments, the first being allocated among the from 1 April 1977 ; whereas the Community tariff Member States and the second held as a reserve quota in question should therefore be opened for an intended to cover at a later date the requirements of initial period from 1 April 1977 until 31 March 1978 ; Member States who have used up their initial share ; whereas, in order to guarantee some degree of security to importers in each Member State, the first instal­ Whereas Council Regulation (EEC) No 2506/75 of 29 ment of the Community quotas should be fixed at a September 1975 laying down special rules for the level which could in the present circumstances, be 50 % of each of the quota volumes ; (•) OJ No C 57, 7. 3 . 1977, p. 59 . (2) OJ No L 141 , 28 . 5. 1976, p. 98 . (3 ) See page 2 of this Official Journal . (4) OJ No L 256, 2. 10 . 1975, p. 2.

11 . 3 . 77 Official Journal of the European Communities No L 65/5

Whereas the initial shares of the Member States may reserve, to prevent a part of one or other of the not be used up at the same rate ; whereas, in order to Community quotas remaining unused in one Member take this into account and to avoid disruption, any State when it could be used in others ; Member State which has used up almost all of one of Whereas, since the Kingdom of Belgium, the its initial shares should draw a supplementary share from the relevant reserve ; whereas this should be Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the done by each Member State each time one of its Benelux Economic Union, all transactions concerning supplementary shares is almost used up, and so on as the administration of the shares allocated to the above­ many times as the reserve allows ; whereas the initial mentioned economic union may be carried out by any and supplementary shares should be valid until the one of its members, end of the quota period ; whereas this form of adminis­ tration requires close collaboration between the Member States and the Commission, and the Commis­ HAS ADOPTED THIS REGULATION : sion must be in a position to follow the extent to which the quota volumes have been used up and inform the Member States thereof ; Article 1

Whereas, if at a given date in the quota period a 1 . For the period from 1 April 1977 to 31 March Member State has a considerable quantity of one of its 1978 Community tariff quotas shall be opened for the initial shares left over, it is essential that it should following products originating in Morocco within the return a significant proportion thereof to the relevant limits set out below :

CCT Quota heading Description volume No

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 : BERKANE, SAIS, BENI M'TIR, GUERROUANE, ZEMMOUR, ZENNATA of an actual alcoholic strength not exceeding 15° : — In containers holding two litres or less 30 000 hectolitres — In containers holding more than two litres 20 000 hectolitres

2. Within these tariff quotas the Common Customs (b) the containers must be completely filled ; Tariff duties applicable to these wines shall be totally (c) the means of closing the containers must be such suspended . The new Member States shall apply duties that they cannot be tampered with and must calculated in accordance with the relevant provisions ensure that they cannot be the subject of opera­ of the Interim Agreement on trade in goods between tions during transportation or storage other than the European Economic Community and Morocco and of the Act of Accession . those carried out under the supervision of the authorities of either Morocco or the Member States ; 3. The wines in question shall benefit from these tariff quotas on condition that the prices on import (d) each container must be labelled in such a way as into the Community are not at any time less than the to permit identification of the quality wine it free-at-frontier reference prices referred to in Regula­ contains ; tion (EEC) No 2506/75 and subsequent texts which (e) the wine in question may be transported only in apply to such prices. containers of a capacity not exceeding 25 hecto­ litres . 4. Wine in containers holding more than two litres must be put up in accordance with the following requirements : 5. Each of these wines, when imported, shall be accompanied by a certificate of designation of origin, (a) the containers must be suitable for transporting issued by the relevant Moroccan authority, in accor­ wine and be used solely for that purpose ; dance with the model annexed to this Regulation .

No L 65/ 6 11 . 3 . 77 Official Journal of the European Communities

Article 2 4. Notwithstanding paragraphs 1 , 2 and 3, Member States may draw smaller shares than those fixed in 1 . The tariff quotas laid down in Article 1 shall be these paragraphs if there is reason to believe that divided into two instalments . those fixed might not be used up. They shall inform the Commission of their reasons for applying this paragraph. 2. A first instalment of each quota shall be allo­ cated among the Member States ; the shares which, subject to Article 5, shall be valid up to 31 March Article 4 1978 , shall be as follows : (in hectolitres) Each additional share drawn pursuant to Article 3 Wines having a registered designation of shall be valid until 31 March 1978 . origin in containers holding : Member States two litres more than or less two litres Article 5

Benelux 2 500 1 670 Member States shall return to the reserve, not later Denmark 1 500 1 000 3 000 2 000 than 1 February 1978 , the unused portion of their Germany France 3 000 2 000 initial share which, on 15 January 1978, is in excess Ireland 1 000 660 of 20% of the initial amount. They may return a Italy 1 500 1 000 greater portion if there are grounds for believing that United Kingdom 2 500 1 670 such portion might not be used in full.

Total 15 000 10 000 Member States shall notify the Commission, not later than 1 February 1978, of the total imports of the products concerned effected under the Community 3 . The second instalment of each quota, amounting quotas up to and including 15 January 1978 and, to 15 000 and 10 000 hectolitres respectively, shall where appropriate, the proportion of each of their constitute the reserve . initial shares that they are returning to each of the reserves .

Article3¶

1 . If 90 % or more of one of a Member State's The Commission shall keep account of the shares initial shares, as specified in Article 2(2), or of that opened by Member States pursuant to Articles 2 and 3 share less the portion returned to the relevant reserve and shall inform each State of the extent to which the where Article 5 has been applied, has been used up, reserve has been used up as soon as it has been noti­ that Member State shall, without delay, by notifying fied . the Commission, draw a second share equal to 1 5 % of its initial share, rounded up where necessary to the The Commission shall notify the Member States, not next whole number, in so far as the amount in the later than 5 February 1978, of the state of each reserve reserve allows . after the return of shares pursuant to Article 5.

2. If, after one or other of its initial shares has been The Commission shall ensure that the drawing which used up, 90% or more of the second share drawn by a uses up a reserve is limited to the balance available, Member State has been used up, that Member State and to this end, shall specify the amount thereof to shall , in accordance with the conditions laid down in the Member State making the final drawing. 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 as the amount in the reserve Article 7 allows . 1 . Member States shall take all measures necessary 3 . If, after one or other of its second shares has to ensure that additional shares drawn pursuant to been used up, 90% or more of the third share drawn Article 3 are opened in such a way that imports may by a Member State has been used up, that Member be charged without interruption against their aggre­ State shall, in accordance with paragraph 1 , draw a gate shares in the Community quotas. fourth share equal to the third. 2. Member States shall ensure that importers of the This process shall continue apply until the reserves products concerned established in their territory have are used up. free access to the shares allocated to them .

11 . 3 . 77 Official Journal of the European Communities No L 65/7

3. The extent to which a Member State has used up Article 9 its shares shall be determined on the basis of the The Member States and the Commission shall colla­ imports originating in Morocco and entered for home use . borate closely in order to ensure that this Regulation is observed . Article 8 Article 10 At the request of the Commission, Member States shall inform it of imports actually charged against This Regulation shall enter into force on 1 April their shares . 1977 .

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

Done at Brussels, 8 March 1977.

For the Council

The President

D. OWEN

BILAG — ANHANG — ANNEX — ANNEXE — ALLEGATO — BIJLAGE

1 . Eksportør - Ausführer - Exporter - Exporta­ Z. Nummer - Nummer teur - Esportatore - Exporteur : Number - Numero - Numero - 00000 Nummer

3 . ( Ursprungsbezeichnung garantierende Stelle)

4. Modtager - Empfänger - Consignee - Destinataire - Destinatario - Geadresseerde;

5 . CERTIFIKAT FOR OPRINDELSESBETEGNELSE BESCHEINIGUNG DER URSPRUNGSBEZEICHNUNG CERTIFICATE OF DESIGNATION OF ORIGIN CERTIFICAT D'APPELLATION D'ORIGINE CERTIFICATO DI DENOMINAZIONE DI ORIGINE 6 . Transportmiddel - Beförderungsmittel CERTIFICAAT VAN BENAMING VAN OORSPRONG - Means στ transport - Moyen ,ae transport - Mezzo αι trasporto - Vervoermiddel : 7 . ( Ursprungsbezeichnung )

8 . Losningssted - Entladungsort - Place of unloading - Lieu de déchargement - Luogo αι soarco - Plaats van lossing :

9 . 10.1 11 . Mærker og numre, kollienes antal og art b runo vægt Liter Zeichen und Nummern, Anzahl und Art der Packstücke Rohgewicht Liter Marks and numbers, number and kind of packages Gross weight Litres Marques et numéros, nombre et nature des colis Poids brut Litres Marca e numero, quantità e natura dei colli Peso lordo Litri Merken en nummers, aantal en soort der colli Brutogewicht Liter

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

13 . Påtegning fra udstedende organ - Bescheinigung der erteilenden Stelle - Certificate of the issuing authority - visa ae i organisme emetteur - visto åen organismo eminente - visum van ae instantie van argine :

14 . Toldstedets attest - Sichtvermerk der Zöllstelle - 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 n0 15 - Vedi traduzione al n . 15 - Zie voor vertaling nr. 15 )

Det bekræftes, at vinen, der er nævnt i dette certifikat, er fremstillet i området og ifølge marokkansk 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 marokkanischem Gesetz die Ürsprungsbezeichnung ,, " 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 Maroccan 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 marocaine, 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 marocchina 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 Marokkaanse wetgeving de benaming van oorsprong „.. " erkend wordt. De aan deze wijn toegevoegde alcohol is alcohol, uit wijn gewonnen .

16 . (')

0) Rubrik forbeholdt eksportlandets andre angivelser. (1) Diese Nummer ist weiteren Angaben des Ausfuhrlandes vorbehalten . 0) 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. (i) Ruimte bestemd voor andere gegevens van het land van uitvoer.