31977R1391
29 . 6 . 77 Official Journal of the European Communities No L 158 /7
COUNCIL REGULATION (EEC) No 1391 /77 of 21 June 1977 opening, allocating and providing (or 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 Algeria ( 1977/78)
THE COUNCIL OF THE EUROPEAN importation of products in the wine-growing sector COMMUNITIES, originating in certain third countries (3), introduced the idea of a free-at-frontier reference price, being the reference prfce 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 th'e abovementioned quotas, and uninterrupted Having regard to the opinion of the European Parlia application of the rates laid down for these quotas to ment ('), all imports of the products concerned into the Member States until the quotas have been used up ; whereas, having regard to the above principles, the Whereas the Cooperation Agreement between the Community nature of the quotas can be respected by European Economic Community and the People's allocating the Community tariff quotas among the Democratic Republic of Algeria, signed on 26 April Member States ; whereas, in order to reflect most accu 1976, stipulates in Article 20 that certain wines having rately the actual development of the market in the a registered designation of origin , falling within products in question , such allocation should be in subheading ex 22.05 C of the Common Customs proportion to the requirements of the Member States, Tariff and originating in Algeria shall be imported Assessed by reference both to the statistics relating to into the Community free of customs duties within the imports of the said products from Algeria over a repre limits of an annual Community tariff quota ; whereas sentative reference period and to the economic the quota volume for the period in question is outlook for the quota period concerned ; 310 000 hectolitres consisting of 180 000 hectolitres of wine in bulk, and 130 000 hectolitres of wine in bottles ; whereas wine in bulk must be put up in accor dance with certain conditions ; whereas wine in Whereas in this case, however, neither Community bottles must be in containers holding a maximum of nor national statistics showing the breakdown for each two litres ; whereas the import prices for the wines of the types of wines in question are available and no must at any given moment be not less than the reliable estimates of future imports can be made ; Community reference prices for them ; whereas these whereas in these circumstances the quota volumes wines, must be accompanied by a certificate of designa should be allocated in initial shares, taking into tion of origin in accordance with the model given in account demand for these wines on the markets of the Annex D to the Agreement in question ; various Member States ;
Whereas pending the entry into force of the Coopera tion Agreement, the Interim Agreement between the European Economic Community and the People's Whereas, to take into account import trends for the Democratic Republic of Algeria (2) hereinafter called products concerned in the various Member States, the ' Interim Agreement' provides in Article 13 for the each of the quota amounts should be divided into two advance application of this tariff measure, with effect instalments, the first being allocated among the from 1 July 1977 ; whereas the Community tariff Member States and the second held as a reserve quotas in question should therefore be opened for the intended to cover at a later date the requirements of period 1 July 1977 to 30 June 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 ; (') Opinion delivered on 17 June 1977 ( not yet published in the Official Journal ). (: ) OJ No L 141 , 28 . 5 . 197 6i p . 2 . (') O | No L 2S6 , 2 . 10 . 1975 , p. 2 .
No L 158 /8 Official Journal of the European Communities 29 . 6 . 77
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 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 done by each Member State each time one of its Luxembourg are united in and jointly represented by the Benelux Economic Union , any measure supplementary shares is almost used up, and so on as concerning the administration of the shares allocated many times as the reserve allows ; whereas the initial to that 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 1 July 1977 to 30 June 1978 Member State has a considerable quantity of one of its Community tariff quotas shall be opened for the initial shares left over, it is essential that it should following products originating in Algeria, within the return a significant proportion thereof to the relevant limits set out below :
CCT Quota Description , heading No volume
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 : Ain Bessem-Bouira , Médéa, coteaux du Zaccar, Dahra, coteaux de Mascara, monts du Tessalah , coteaux de Tlemcen , of an actual alcoholic strength not exceeding 15° : — In containers holding two litres or less 130 000 hectolitres — In containers holding more than two litres 180 000 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 suspended . (c) the means of closing the containers must be such that they cannot be tampered with and must 3 . The wines in question shall benefit from these ensure that they cannot be the subject of opera tariff quotas on condition that the prices on import tions during transportation or storage other than into the Community are not at any time less than the those carried out under the supervision of the free-at-frontier reference prices referred to in Regula authorities of Algeria or of the Member States ; tion ( EEC) No 2506/ 75 and subsequent texts which apply to such prices . (d ) each container must be labelled in such a way as to permit identification of the quality wine it 4 . Wine in containers holding more than two litres contains ; must be put up in accordance with the following requirements : (e) the wine in question may be transported only in ( a ) the containers must be suitable for transporting containers of a capacity not exceeding 25 hectoli wine and be used solely for that purpose ; tres .
29 . 6 . 77 Official Journal of the European Communities No L 158 /9
5. Each of these wines, when imported, shall be by a Member State has been used up, that Member accompanied by a certificate of designation of origin, State shall in accordance with paragraph 1 , draw a issued by the relevant Algerian authority, in accor fourth share equal to the third . dance with the model annexed to this Regulation . This process shall continue to apply until the reserves are used up. Article 2 4. Notwithstanding paragraphs 1 , 2 and 3, Member 1 . The tariff quotas laid down in Article 1 shall be States may draw smaller shares than those fixed in divided into two instalments . these paragraphs if there is reason to believe that those fixed might not be used up. They shall inform 2. A first instalment of each quota shall be allo the Commission of their reasons for applying this cated among the Member States ; the shares, which paragraph . subject to Article 5 shall be valid up to 30 June 1978, shall be as follows : Article 4 (in hectolitres) Each additional share drawn pursuant to Article 3 Wines having a registered designation of origin , in containers holding : shall be valid until 30 June 1978 . Member States two litres more than or less two litres Article 5
Benelux 10 800 14 200 Member States shall return to the reserve, not later Denmark 6 500 9 400 than 1 April 1978, the unused portion of their initial Germany 13 000 19 000 share which, on 15 March 1978 , is in excess of 20 % France 13 000 19 000 of the initial amount. They may return a greater Ireland 4 400 4 800 portion if there are grounds for believing that such Italy 6 500 9 400 portion might not be used in full . United Kingdom 10 800 14 200 Member States shall notify the Commission, not later Total than 1 April 1978, of the total imports of the products 65 000 90 000 concerned effected under the Community quotas up to and including 15 March 1978 and, where appro priate, the proportion of each of their initial shares 3. The second instalment of each quota, amounting that they are returning to each of the reserves. to 65 000 and 90 000 hectolitres respectively, shall constitute the reserve . Article 6
Article 3 The Commission shall keep account of the shares opened by Member States pursuant to Articles 2 and 3 1 . If 90% or more of one of a Member States and shall inform each State of the extent to which the initial shares, as specified in Article 2 (2), or of that reserve has been used up as soon as it has been noti share less the portion returned to the relevant reserve fied . where Article 5 has been applied, has been used up, that Member State shall, without delay, by notifying The Commission shall notify the Member States, not the Commission, draw a second share equal to 1 5 % later than 5 April 1978 , of the state of each reserve of its initial share, rounded up where necessary to the after the return of shares pursuant to Article 5 . next whole number, in so far as the amount in the reserve allows . The Commission shall ensure that the drawing which uses up a reserve is limited to the balance available, 2. If, after one or other of its initial shares has been and to this end, shall specify the amount thereof to used up, 90 % or more of the second share drawn by the Member State making the final drawing. a Member State has been used up, that Member State shall, in accordance with the conditions laid down in paragraph 1 , draw a third share equal to 7-5 % of its Article 7 initial share, rounded up where necessary to the next whole number, in so far as the amount in the reserve 1 . Member States shall take all measures necessary allows . to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may 3 . If, after one or other of its second shares has be charged without interruption against their aggre been used up, 90 % or more of the third share drawn gate shares in the Community quotas.
No L 158 / 10 Official Journal of the European Communities 29 . 6 . 77
2. Member States shall ensure that importers of the Article 9 products concerned established in their territory have free access to the shares allocated to them .
3 . Member States shall charge imports of the said The Member States and the Commission shall colla goods against their shares as and when the goods are borate closely in order to ensure that this Regulation entered for home use . is observed .
4. The extent to which a Member State has used up its shares shall be determined on the basis of the imports charged in accordance with paragraph 3.
Article8¶
At the request of the Commission, Member States shall inform it of imports actually charged against their shares . This Regulation shall enter into force on 1 July 1977.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Luxembourg, 21 June 1977.
For the Council
The President
D. OWEN
BILAG — ANHANG — ANNEX — ANNEXE — ALLEGATO — BIJLAGE
1 . Eksportør - Ausführer - Exporter - Exporta 2 . Nummer - Nummer teur - Esportatore - Exporteur: Number - Numéro - Numero - 00000 Nummer
3. ( Name of authority guaranteeing the designation of origin )
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 ot transport - Moyen de transport - Mezzo αι trasporto - Vervoermiddel : 7 . ( Designation of origin )
8 . Losningssted - Entladungsort - Place of unloading - Lieu de déchargement - Luogo di sbarco - Plaats van lossing :
9 .' 10. 11 . Mærker og numre, kollienes antal og art Bruttovægt 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 . - 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 de rorganisme émetteur - visto dell organismo emittente - Visum van de instantie van afgifte:
14 . Toldstedets attest - Sichtvermerk der ¿oiisieiie - ousioms siamp - visa ae ia aouane - VISTO aeiia 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 )
15 . Det bekræftes, at vinen, der er nævnt i dette certifikat, er fremstillet i området og ifølge algerisk lovgivning er berettiget til oprindelsesbetegnelsen :)) «. Alkohol tilsat denne vin er alkohol fremstillet at vin . Wir bestätigen, daß der in dieser Bescheinigung bezeichnete Wein im Bezirk gewonnen wurde und ihm nach * algerischem Gesetz die Ursprungsbezeichnung " zuerkannt wird . Der diesem Wein zugefügte Alkohol ist aus Wein gewonnener Alkohol . We hereby certify that the wipe described in this certificate is wine produced within the wine district of and is considered by Algerian 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 algérienne, 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 algerina, 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 Algerijnse wetgeving de benaming van oorsprong " erkend wordt. De aan deze wijn toegevoegde alcohol is alcohol , uit wijn gewonnen .
16 . C )
(■} Rubrik forbeholdt eksportlandets andre angivelser . 0) Diese Nummer ist weiteren Angaben des Ausfuhrlandes vorbehalten . P ) Space reserved for additional details given in the exporting country . (') Case réservée pour d'autres indications du pays exportateur. ( 1) Spazio riservato per altre indicazioni del paese esportatore . {') Ruimte bestemd voor andere gegevens van het land van uitvoer.