31977R2669

3 . 12. 77 Official Journal of the European Communities No L 310/ 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EEC) No 2669/77 of 28 November 1977

opening, allocating and providing for the administration of Community tariff quotas for port wines falling within heading No ex 22.05 of the Common Customs Tariff and originating in Portugal ( 1978)

THE COUNCIL OF THE EUROPEAN allocating the Community tariff quota among the COMMUNITIES, Member States ;

Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 Whereas, in order to reflect most accurately the actual and 113 thereof, development of the market in the products concerned, Having regard to the proposal from the Commission, such allocation should be in proportion to the needs of the Member States, assessed by reference both to Having regard to the opinion of the European Parlia­ the statistics of each State's imports from Portugal ment ('), over a representative period and to the economic Whereas Article 4 of Protocol 8 to the Agreement outlook for the quota period concerned ; between the European Economic Community and the Portuguese Republic (2), as amended by the Interim Whereas available Community statistics give no infor­ Agreement between the European Economic Commu­ mation on the situation of port wines on the markets ; nity and the Portuguese Republic (3), provides that whereas, however, Portuguese statistics for exports of customs duties on imports into the Community of these products to the Community during the past certain wines originating in Portugal, shall be reduced : three years can be considered to reflect approximately the situation of Community imports ; whereas on this — by 60 % in the case of the duties applicable to basis the corresponding imports by each of the port wines falling within subheadings ex 22.05 C Member States for the past three years represent the III a) 1 and ex 22.05 C IV a) 1 of the Common following percentages of the imports into the Commu­ Customs Tariff up to a total annual tariff quota of nity from Portugal of the products concerned : 35 000 hi , and — by 50 % in the case of the duties applicable to 1974 1975 1976 port wines falling within subheadings ex 22.05 C III b) 1 and ex 22.05 C IV b) 1 of the Common Port wines : Customs Tariff up to a total annual tariff quota of 280 000 hi ; — in receptacles containing two litres or less : whereas these wines will remain subject to the provi­ — Benelux 13-4 18-8 17-8 sions governing the common organization of the — Denmark 41 60 6-2 market in wine ; — Germany 7*2 1 5-3 11-0 — France 27*9 29 0 36-0 — Ireland 0-6 0-4 0-2 Whereas it is in particular necessary to ensure for all — Italy 29-9 161 18-3 Community importers equal and uninterrupted access 16*9 14-4 — United Kingdom 10-5 to the abovementioned quotas and uninterrupted application of the rates laid down for these quotas to — in receptacles containing more than two litres : all imports of the products concerned into all Member States until the quotas have been used up ; whereas, — Benelux 14-0 13-4 15-7 — Denmark 4*5 5-5 7-0 having regard to the principles mentioned above, the — Germany 11*0 10-4 6-4 Community nature of the quotas can be respected by — France 41*0 39-4 46-5 — Ireland 1*5 1-2 0-6 — 0-0 (') OJ No C 241 , 10 . 10 . 1977, p. 46. — Italy (2) OJ No L 301 , 31 . 12. 1 972, p. 1 65. — United Kingdom 28 0 301 23-8 (J) OJ No L 266, 29 . 9 . 1976, p. 2.

No L 310/2 Official Journal of the European Communities 3 . 12. 77

Whereas, in view of these data and the estimates Luxembourg are united in and represented by the submitted by certain Member States, initial quota Benelux Economic Union, all transactions concerning shares may be fixed approximately at the following the administration of shares allocated to that percentages : economic union may be carried out by any one of its members,

HAS ADOPTED THIS REGULATION : Port wines in receptacles containing : Article 1 two litres more than or less two litres 1 . From 1 January to 31 December 1978 , Commu­ nity tariff quotas shall be opened for products origi­ Benelux 16-6 14-6 nating in Portugal, within the limits listed below : Denmark 5-7 6-6 Germany 14-9 8-7 France 29-7 42-5 CCT heading No Description Quota amount Ireland 0-8 0-2 Italy 18-6 01 ex 22.05 C III a) 1 United Kingdom 13-7 27-3 35 000 hi ex 22.05 C IV a) 1 j Port wines

ex 22.05 C III b) 1 280 000 hi ex 22.05 C IV b) 1 j Port wines

Whereas, in order to take into account import trends for the products concerned in the different Member States, each of the quota amounts should be divided 2. The Common Customs Tariff duties on wines into two instalments, the first instalment being allo­ imported within these tariff quotas shall be suspended cated among the Member States and the second at the rates listed below : forming a reserve intended ultimately to cover the requirements of the Member States which have used up their initial quota shares ; whereas, in order to CCT heading No Rate of duty ensure a certain degree of security for importers in each Member State, the first instalment of the ex 22.05 C III a) 1 5-4 u.a./ hl Community quotas should be determined at a level ex 22.05 C IV a) 1 5-8 u.a./ hl which, under present circumstances, may be 90 % of ex 22.05 C III b) 1 5-5 u.a./hl each of the quota amounts ; ex 22.05 C IV b) 1 6 0 u.a./hl Whereas the initial quota shares of the Member States may be used up at different times ; whereas, in order to take this fact into account and avoid any break in Article 2 continuity, any Member State having used up almost the whole of any one of its initial quota shares should 1 . The tariff quotas laid down in Article 1 shall be draw an additional quota share from the corres­ divided into two instalments . ponding reserve ; whereas this must be done by each Member State when each of its additional quota shares 2. A first instalment of each quota shall be shared is almost entirely used up, and repeated as many times among the Member States ; the shares which, subject as the reserve allows ; whereas the initial and addi­ to Article 5, shall be valid until 31 December 1978 tional quota shares must be available for use until the shall consist of the following amounts : end of the quota period ; whereas this method of (hiito/i/ ns) administration calls for close cooperation between Member States and the Commission , which must, in Port wines under subheadings : particular, be able to observe the extent to which the ex 22.05 C III a) I ex 22.05 C III b) 1 quota amounts are used and inform Member States and and thereof ; ex 22.05 C IV a) 1 ex 22.05 C IV b) I

Whereas if, at a specified date in the quota period, a Benelux 5 250 36 790 considerable balance of one of the initial quota shares Denmark 1 800 16 630 remains in one or other Member State it is essential 4 690 22 000 Germany that that Member State pays a large amount of it back France 9 350 107 100 into the reserve, in order to avoid a part of one or Ireland 250 500 Italy 5 870 100 other of the Community quotas remaining unused in United Kingdom 4 290 68 880 6ne Member State when it could be used in others ;

Whereas since the Kingdom of Belgium, the Total 31 500 252 000 Kingdom of the Netherlands and the Grand Duchy of

> 3 . 12. 77 Official Journal of the European Communities No L 310 / 3

t 3 , The second instalment of each quota, 3 500 and the products concerned effected up to 15 September 28 000 hectolitres respectively, shall constitute the 1978 inclusive and charged against the Community reserve . quotas and, where appropriate, the proportion of their initial shares that is being returned to each reserve.

Article3¶

1 . If 90 % or more of one of the initial shares of a The Commission shall keep account of the shares Member State, as laid down in Article 2 (2) or 90 % or more of that share less the amount returned into the opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the extent reserve, where the provisions of Article 5 have been to which the reserves have been used as soon as it applied, has been exhausted, that Member State shall receives the notifications . proceed without delay, by notifying the Commission, to draw a second share equal to 1 5 % of its initial The Commission shall , not later than 5 October 1978 , share, rounded up to the next unit where appropriate, to the extent that the amount in the reserve allows. notify Member States of the amount in each reserve after the return of shares pursuant to Article 5.

2. If, after one or other of its initial shares has been exhausted, 90 % or more of the second share drawn The Commission shall ensure that any drawing which by a Member State has been used, that Member State uses up any reserve is limited to the balance available and for this purpose, shall specify the amount thereof shall proceed in the manner specified in paragraph 1 to the Member State which makes the final drawing. to draw a third share equal to 7-5 % of its initial share, rounded up to the next unit where appropriate, to the extent that the amount in the reserve allows . Article 7 3 . If, after one of its second shares has been exhausted, 90 % or more of the third share drawn by 1 . The Member States shall take all appropriate a Member State has been used, that Member State measures to ensure that, when additional shares are shall proceed in the manner specified in paragraph 1 , drawn pursuant to Article 3, it is possible for charges to draw a fourth share equal to the third. to be made, without interruption, against their accu­ mulated shares of the Community tariff quotas.

This process shall be applied until the reserve is exhausted . 2. The Member States shall ensure that importers of the said goods established in their territory have free access to tne shares allocated to them . 4. Notwithstanding paragraphs 1 , 2 and 3, the Member States may proceed to draw shares smaller 3. The extent to which a Member State has used up than those fixed in those paragraphs if there is any its shares shall be determined on the basis of the reason to believe that those shares might not be used imports originating in Portugal as and when the goods up. They shall inform the Commission of the reasons are entered with customs authorities for home use . which led them to apply this paragraph.

Article8¶

At the Commission's request Member States shall Each of the additional shares drawn pursuant to inform it of imports of the products concerned actu­ Article 3 shall be valid until 31 December 1978 . ally charged against their shares.

Article5¶

The Member States shall return to the reserve, not The Member States and the Commission shall coop­ later than 1 October 1978 , the unused portion of their erate closely in order to ensure that the provisions of initial share which, on 15 September 1978, is in this Regulation are observed . excess of 20 % of the initial amount. They may return a larger quantity if there are reasons to believe that such quantity might not be used . Article 10

The Member States shall , not later than 1 October This Regulation shall enter into force on 1 January 1978 , notify the Commission of the total imports of 1978 .

No L 310/4 Official Journal of the European Communities 3 . 12. 77

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

Done at Brussels, 28 November 1977.

For the Council

The President

L. OUTERS