31977R1082
26 . 5 . 77 Official Journal of the European Communities No L 131 / 11
COUNCIL REGULATION ( EEC) No 1082/77 of 25 May 1977 opening , allocating and providing for the administration of a Community tariff quota for wines from fresh grapes and grape must with fermentation arrested by the addition of alcohol falling within heading No 22.05 of the Common Customs Tariff, originating entirely in Greece
THE COUNCIL OF THE EUROPEAN which, while giving preference to imports of such COMMUNITIES , products, continue in addition to comply with the provisions of Regulation (EEC) No 816/70, and in Having regard to the Treaty establishing the European particular those of Article 9 thereof ; whereas a Economic Community, and in particular Articles 43 Community tariff quota of 420 000 hectolitres per and 1 1 3 thereof, annum should accordingly be opened at a reduced duty ; whereas for the period 29 April to 31 December 1977 the volume of the quota will accordingly be Having regard to the proposal from the Commission , 284 220 hectolitres ;
Having regard to the opinion of the European Parlia ment ('), Whereas it is in particular necessary to guarantee all Whereas at the EEC-Greece Association Council importers of the Member States equal and uninter meeting on 28 April 1975, the European Economic rupted access to the said quota and uninterrupted Community had stated that the basic provisions for application of the fate laid down for that quota to all the implementation of the common agricultural imports into such Member States of the products policy were fixed for the products listed in Article 1 of concerned until the quota has been used up ; whereas Council Regulation (EEC) No 816/70 of 28 April having regard to the above principles the Community 1970 laying down additional provisions for the nature of the quota can be respected by allocating the ' common organization of the market in wine (2 ), and Community tariff quota among the Member States ; Greece had stated that it was prepared to harmonize whereas, to reflect most accurately the actual develop its policy for the products referred to in Article 1 of ment of the market in the products concerned, such the said Regulation ; allocation should be in proportion to the needs of the Member States, assessed by reference both to the statis tics relating to imports from Greece over a representa Whereas by 29 April 1977 the Association Council tive period, and to the economic outlook for the quota had not yet fixed the arrangements applicable to trade period concerned ; in the aforementioned products between the Contracting Parties ; whereas therefore both the provi sions in Protocol 14 to the EEC-Greece Association Agreement for Greek exports of wines from fresh Whereas, on the basis of the statistics at present avail grapes and grape must with fermentation arrested by able, imports from Greece into the Member States in the addition of alcohol and the arrangements provided 1974, 1975 and 1976 of the product concerned have for in Article 37 and in the second paragraph of developed as follows and represent the following Protocol 1 2 to the said Agreement in respect of the percentages of total imports into the Community : products covered by Regulation ( EEC) No 816/70 , cease to apply in the Community ; whereas, however, the measures laid down in Protocol 6 (2) of the said Manlier States 1474 I 97 S 1476 Agreement continue to apply in the Community unless the Community avails itself of its option of Benelux 55-02 66*66 73-31 taking different measures under the conditions laid Denmark 0-05 0-1 1 0-1 1 down in Article 36 ( 1 ) of the said Agreement ; Germany 37-04 26-46 22-35 France 6-21 6 3-35 Ireland 0-05 0-02 0-01 Whereas, pending a decision by the Association Italy 0-14 0-02 0-02 Council pursuant to Article 35 or 36 ( 1 ) of the said United Kingdom 1 - 49 0-71 0-85 Agreement , and in order to avoid any discontinuity which might be harmful to exports to the Community of wine originating entirely in Greece , special import arrangements should be introduced for such products
(') OJ No C lis , 16 . 5 . 1977 . p . 67 . Whereas, taking into account these figures and the (-) O'l No I. 99, 5 . 5 . 1 970, p . I . foreseeable development of the market in the product
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concerned during 1977, the initial shares in the States and the Commission , and the Commission volume of the quota may be fixed approximately at must be in a position to follow the extent to which the following percentages : the tariff quota has been used up and to inform the Benelux 6406 Member States thereof ; Denmark 0-53 Whereas if, at a specified date in the quota period, a Germany 29-89 considerable quantity of the initial quota share France 2-67 remains in any Member State, it is essential that the Ireland 0-36 Member State should return a certain proportion Italy 0-36 thereof to the reserve , in order to avoid part of the United Kingdom 213 Community quota remaining unused in one Member State when it could be used in others ; Whereas in order to take into account the import trends for the product concerned in the Member Whereas, since the Kingdom of Belgium , the States, the quota volume should be divided into two Kingdom of the Netherlands and the Grand Duchy of instalments, the first instalment being allocated Luxembourg are united in and represented by the among the Member States and the second forming a Benelux Economic Union , any measure concerning reserve intended ultimately to cover the requirements the administration of the quota shares allocated to of the Member States , should their initial share be that economic union may be carried out by any of its used up ; whereas , in order to ensure a certain degree members, of security to importers, the first instalment of the Community quota should be determined at a rela tively high level , which under present circumstances HAS ADOPTED THIS REGULATION : could be approximately 99 % of the quota volume ; Article 1 Whereas the initial shares may be used up fairly quickly ; whereas, therefore, to avoid disruption of 1 . Until 31 December 1977, a Community tariff supplies any Member State which has almost used up quota of 284 220 hectolitres shall be opened in the its initial share, should draw a supplementary share Community for wine of fresh grapes and grape must from the Community reserve ; whereas this must be with fermentation arrested by the addition of alcohol done by each Member State as each one of its supple falling under heading No 22.05 of the Common mentary shares is almost used up, and as many times Customs Tariff, originating entirely in Greece . as the reserve allows ; whereas the initial and supple mentary shares must be valid until the end of the Within this tariff quota , the Common Customs Tariff quota period ; whereas this form of administration duty shall be reduced to the levels indicated in the requires close collaboration between the Member table below :
CCT heading No Description oí goods Rate oí duty
22.05 Wine of fresh grapes ; grape must with fermentation arrested by the addition of alcohol : A. Sparkling wine 6 u.a . per hi B. Wine in bottles with ' mushroom ' stoppers held in place by ties or fastenings , and wine otherwise put up with an excess pressure of not less than 1 atmosphere but less than 3 atmos pheres, measured at a temperature of 20 ° C 6 u.a . per hi C. Other I. Of an actual alcoholic strength not exceeding 13° , in containers holding : (a) 2 litres or less I -8 u.a . per hi (b) More than 2 litres 1 -3 u.a . per hi II . Of an actual alcoholic strength exceeding 13 " but not exceeding 15° , in containers holding : (a) 2 litres or less 21 u.a . per hi (b) More than 2 litres , . 1 6 u.a . per hi
26 . 5 . 77 Official Journal of the European Communities No L 131 / 13
CCT heading No Description of goods Rate of dutv
22.05 C III . Of an actual alcoholic strength exceeding 15° but not (coutil) exceeding 18° , in containers holding : (a) 2 litres or less : 2 . Other '. . . . . 2-5 u.a . per hi (b) More than 2 litres : 3 . Other 21 u.a . per hi IV. Of an actual alcoholic strength exceeding 18° but not exceeding 22° , in containers holding : (a) 2 litres or less : 2 . Other 2-8 u.a . per hi (b) More than 2 litres : 3 . Other 2-8 u.a . per hi V. Of an actual alcoholic strength exceeding 22° , in containers holding : (a) 2 litres or less 0-2 u.a . per hi and per degree + 1 5 u.a . per hi (b) More than 2 litres 0-2 u.a . per hi and per degree
The new Member States shall apply within this quota that Member State shall without delay, by notifying the customs duties calculated in accordance with the the Commission , draw a second share equal to 1.5% relevant provisions of the Act of Accession . of its initial share, rounded up to the next unit where appropriate , to the extent that the amount in the reserve allows .
Artidc 2 2 . If, after its initial share has been exhausted , 90 % or more of the second share drawn by that 1 . The tariff quota referred to in Article 1 ( 1 ) shall Member State has been exhausted , it shall , in the be divided into two instalments . manner provided for in paragraph 1 , draw a third share equal to 7-5 % of its initial share . 2 . A first instalment, amounting to 281 000 hectoli tres , shall be shared among the Member States ; the 3 . If, after its second share has been exhausted , shares which subject to Article .5 shall be valid until 90 % or more of the third share drawn by that 31 December 1977 , shall be as follows : Member State has been used up , it shall , in the — in hecto litre \ — manner provided for in paragraph 1 , draw a fourth Benelux 180 000 share equal to the third . Denmark 1 500 Germany 84 000 France 7 .500 This process shall be applied until the reserve is exhausted . Ireland 1 000 Italy 1 000 United Kingdom 6 000 4 . Notwithstanding paragraphs 1 , 2 and 3 , Member States may draw smaller shares than those fixed in 3 . The second instalment of 3 220 hectolitres shall those paragraphs if there is reason to believe that constitute the reserve . those shares might not be used up . They shall inform the Commission of their reasons for applying this paragraph .
, /1 rtiiic 3
Article 4 1 . If 90% or more of any Member States initial share , as laid down in Article 2 ( 2 ), or 90 % or more of that share less the amount returned to the reserve Each of the additional shares drawn pursuant to where Article 5 has been applied , has been exhausted , Article 3 shall be valid until 31 December 1977 .
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Article 5 and, for this purpose, shall specify the amount thereof to the Member State which makes the final drawing. Member States shall return to the reserve , not later than 1 October 1977, the unused portion of their Article 8 initial share which, on 15 September 1977, is in excess of 20 % of the initial amount . They may return 1 . Member States shall take all measures necessary a greater portion if there are grounds for believing to ensure that supplementary shares drawn pursuant that such portion may not be used in full . to Article 3 are opened in such a way that charges The Member States shall , not later than 1 October may be made without interruption against their 1977, notify the Commission of the total imports of combined shares of the Community quota . the products concerned effected under and charged 2. Member States shall ensure that importers of the against the Community quota up to 15 September said products established in their territory have free 1977 inclusive and, where appropriate, of the propor access to the shares allocated to them or drawn from tion of their intial shares that they are returning to the the reserve . reserve . 3 . Member States shall charge imports of the said Article 6 goods against their shares as and when the goods are entered for home use . The Member States shall be authorized to divide the shares allocated to them or which they have drawn 4. The extent to which a Member State has used up from the reserve into two parts according to their fore its share shall be determined on the basis of the seeable use, reserving one part for wines intended for imports charged in accordance with paragraph 3 . direct consumption and the other for wines intended for processing. Article 9 However, during the marketing year and according to At the request of the Commission , Member States the actual needs which arise, they shall make the shall inform it of imports of the products in question necessary adjustments to the original allocations. actually charged against their shares.
Article 7 Article 10 The Commission shall keep account of the shares The Member States and the Commission shall coop opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the extent erate closely in order to ensure the correct application to which the reserve has been used as soon as it of this Regulation . receives the notification . Article 11 The Commission shall , not later than 5 October 1977 , notify the Member States of the state of the reserve This Regulation shall enter into force on the seventh after the return of shares pursuant to Article 5. day following its publication in the Official Journal of the European Communities. The Commission shall ensure that any drawing which uses up the reserve is limited to the balance available It shall apply from 29 April 1977 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 25 May 1977 .
For the Council The President
D. OWEN