31977R1230

10 . 6 . 77 Official Journal of the European Communities No L 143 / 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC) No 1230/ 77 of 9 June 1977 concerning the allocation of a Community quota of wine of fresh grapes, intended to be fortified for distillation , originating in Algeria ( 1977/78 )

THE COUNCIL OF THE EUROPEAN whereas, provision should consequently be made for COMMUNITIES , allocating the total quota into shares which take account of the capacity of the markets of the Member Having regard to the. Treaty establishing the European States to absorb the said wines ; Economic Community,

Having regard to Council Regulation (EEC) No Whereas, in order to take account in these conditions 1516/76 of 24 June 1976 on imports of wine of fresh of the uncertainty in trends in imports into the grapes, intended to be fortified for distillation , origi­ Member States of the product concerned, the quota nating in Algeria ('), and in particular Article 3(1 ) should be divided into two instalments ; the first to be thereof, allocated among all the Member States and the second to form a reserve intended to cover any subsequent Having regard to the proposal from the Commission, requirements of Member States which have used up their initial shares ; Whereas Regulation ( EEC) No 1516/ 76 lays down that, pursuant to the Cooperation Agreement and the Interim Agreement (2 ) signed on 26 April 1976 by the European Economic Community and the People's Whereas Member States may use up their initial Democratic Republic of Algeria, wines of fresh grapes, shares at different rates ; whereas to provide for this intended for fortifying, falling within subheadings eventuality and to avoid disruption of supplies, any 22.05 C I ex b) and C II ex b) of the Common Member State which has almost used up its initial Customs Tariff, originating in Algeria, may be share should draw an additional share from the imported into the Community with a tariff concession reserve ; whereas this should be done by each Member consisting of an 80 % reduction in the customs duties State when each of its additional shares has been and within the limits of a Community quota subject almost used up, and so on as many times as the to observance of a special price ; whereas the annual reserve allows ; whereas the initial and additional quota is 500 000 hectolitres per year for four years shares should be valid until the end of the quota from the entry into force of the Interim Agreement ; period ; whereas the second annual Community quota should be allocated for the period between 1 July 1977 to 30 June 1978 ; Whereas if, at a given date in the quota period, a considerable quantity of a Member State's initial share Whereas, in order to follow as closely as possible the remains unused , it is essential that that Member State actual development of the market in the products in should return it to the reserve so as to prevent a part question , such allocation must be effected in propor­ of the quota from remaining unused in one Member tion to Member States' requirements, calculated on State when it could be used in others ; the basis of the statistics on imports of the said products from Algeria during a representative period and also on the basis of the economic prospects for the tariff period under consideration ; Whereas, since the Kingdom of Belgium , the Kingdom of the Netherlands and the Grand Duchy of Whereas, however, in this case , there are no Commu­ Luxembourg are united within and jointly represented nity or national statistics for the wines in question ; by the Benelux Economic Union any measure concerning the administration of the shares allocated (■) OJ No L 169 , 28 . 6. 1976, p . 29 . to that economic union may be carried out by any (*) OJ No L 141 , 28 . 5 . 1976, p . 2. one of its members,

No L 143 / 2 Official Journal of the European Communities 10 . 6 . 77

HAS ADOPTED THIS REGULATION : Article 2 1 . If 90 % or more of any Member State s initial Article 1 share as fixed in Article 1 is used for fortifying as part of its initial share, that Member State shall forthwith The 500 000 hectolitres quota opened for wine of by notifying the Commission , draw a second share fresh grapes intended for fortifying, originating in which may amount to the total quantities actually Algeria, under the conditions laid down by Regulation ( EEC) No 1516/76, shall be allocated as follows used for fortifying, to the extent that the reserve so. permits . among the Member States for the period from 1 July 1977 to 30 June 1978 : 2 . Other shares may be drawn in accordance with (in hectolitres) the same conditions until the reserve is used up . Benelux 30 000 3 . Member States shall return to the reserve, not Denmark 1 250 later than 1 April 1978 , the unused share of their Germany 115 000 quota . The reserve shall be used in accordance with France 100 000 paragraph 2 . Ireland 1 250 Italy 100 000 Article 3 . United Kingdom 7 500 This Regulation shall enter into force on the day of its The remaining 145 000 hectolitres shall constitute the publication in the Official Journal of the European reserve . Communities.

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

Done at Brussels, 9 June 1977 .

For the Council The President

J. SILKIN