31977R2670

3 . 12. 77 Official Journal of the European Communities No L 310/5

COUNCIL REGULATION ( EEC) No 2670/77 of 28 November 1977 opening, allocating and providing for the administration of Community tariff quotas for Madeira wines falling within heading No ex 22.05 of the Common Customs Tariff and originating in Portugal ( 1978)

THE COUNCIL OF THE EUROPEAN Whereas available Community statistics give no infor­ COMMUNITIES, mation on the situation of Madeira wines on the markets ; whereas, however, Portuguese statistics for Having regard to the Treaty establishing the European exports of these products to the Community during Economic Community, and in particular Articles 43 the past three years can be considered to reflect and 1 1 3 thereof, approximately the situation of Community imports ; Having regard to the proposal from the Commission, whereas on this basis the corresponding imports by each of the Member States for the past three years Having regard to the opinion of the European Parlia­ represent the following percentages of the imports ment ('), into the Community from Portugal of the products Whereas Article 4 of Protocol 8 to the Agreement concerned : between the European Economic Community and the Portuguese Republic (2), as amended by the Interim 1974 1975 1976 Agreement between the European Economic Commu­ nity and the Portuguese Republic (3), provides that Madeira wines : customs duties on imports into the Community of — in receptacles containing two certain wines originating in Portugal, shall be litres or less : reduced : — Benelux 15-8 28-7 14-2 — Denmark 22-5 31-5 24-6 — by 60 % in the case of the duties applicable to 8-7 90 7-7 f— Germany Madeira wines falling within subheadings ex 22.05 — France 3-4 2-5 36-1 C III a) 1 and ex 22.05 C IV a) 1 of the Common — Ireland 0-8 10 1-0 — Italy 35-4 17-3 6-9 Customs Tariff up to a total annual tariff quota of — United Kingdom 13-4 100 9-5 1 500 hi, and — in receptacles containing more — by 50 % in the case of the duties applicable to than two litres : Madeira wines falling within subheadings ex 22.05 — Benelux 14-8 13-6 12-4 C III b) 1 and ex 22.05 C IV b) 1 of the Common — Denmark 160 10-6 14-8 Customs Tariff up to a total annual tariff quota of — Germany 181 21-4 17-5 14 500 hi ; — France 40-8 46-7 43-4 — Ireland 01 — 01 whereas these wines will remain subject to the provi­ — — — — Italy sions governing the common organization of the — United Kingdom 10-2 7-7 11-8 market in wine ; Whereas it is in particular necessary to ensure for all Community importers equal and uninterrupted access to the abovementioned quotas and uninterrupted application of the rates laid down for these quotas to Whereas, in view of these data and the estimates all imports of the products concerned into all Member submitted by certain Member States, initial quota States until the quotas have been used up ; whereas, shares may be fixed approximately at the following having regard to the principles mentioned above, the percentages ; Community nature of the quotas can be respected by allocating the Community tariff quota among the Member States ; Madeira wines in receptacles containing : Whereas in order to reflect most accurately the actual two litres more than development of the market in the products concerned, or less two litres such allocation should be in proportion to the needs of the Member States, assessed by reference both to Benelux 18-4 14-0 the statistics of each State's imports from Portugal Denmark 22-9 16-5 over a representative period and to the economic Germany 13-1 19-1 outlook for the quota period concerned ; France 3-6 40-8 Ireland 1-1 0-1 Italy 25-8 0-1 (') OJ No C 241 , 10. 10 . 1977, p. 46 . United Kingdom 15-1 9-4 (2) OJ No L 301 , 31 . 12 . 1972, p. 165 . P) OJ No L 266, 29 . 9 . 1976, p. 2.

No L 310/6 Official Journal of the European Communities 3 . 12 . 77

Whereas, in order to take into account import trends CCT for the products concerned in the different Member Description Quota amount heading No States, each of the quota amounts should be divided into two instalments, the first instalment being allo­ cated among the Member States and the second ex 22.05 C III a) 1 1 500 hi ex 22.05 C IV a) 1 jMadeira wines forming a reserve intended ultimately to cover the requirements of the Member States which have used ex 22.05 C III b) 1 14 500 hi up their initial quota shares ; whereas, in order to ex 22.05 C IV b) 1 jMadeira wines

ensure a certain degree of security for importers in each Member State, the first instalment of the Community quotas should be determined at a level which, under present circumstances, may be 90 % of 2. The Common Customs Tariff duties on wines each of the quota amounts ; imported within these tariff quotas shall be suspended at the rates listed below : Whereas the initial quota shares of the Member States may be used up at different times ; whereas, in order CCT heading No Rate of duty to take this fact into account and avoid any break in continuity, any Member State having used up almost 5-4 u.a./ hl ex 22.05 C III a) 1 the whole of any one of its initial quota shares should 5-8 u.a./ hl ex 22.05 C IV a) 1 draw an additional quota share from the corres­ ex 22.05 C III b) 1 5-5 u.a./hl ponding reserve ; whereas this must be done by each ex 22.05 C IV b) 1 6Ό u.a./hl Member State when each of its additional quota shares is almost entirely used up, and repeated as many times as the reserve allows ; whereas the initial and addi­ tional quota shares must be available for use until the Article 2 end of the quota period ; whereas this method of administration calls for close cooperation between 1 . The tariff quotas laid down in Article 1 shall be Member States and the Commission, which must, in divided into two instalments . particular, be able to observe the extent to which the quota amounts are used and inform Member States 2. A first instalment of each quota shall be shared thereof ; among the Member States ; the shares which, subject to Article 5, shall be valid until 31 December 1978 Whereas if, at a specified date in the quota period, a shall consist of the following amounts : considerable balance of one of the initial quota shares (hectolitres) remains in one or other Member State it is essential that that Member State pays a large amount of it back Madeira wines under subheadings : into the reserve, in order to avoid a part of one or ex 22.05 C III a) 1 ex 22.05 C III b) I other of the Community quotas remaining unused in and and one Member State when it could be used in others ; ex 22.05 C IV a) 1 ex 22.Q.5 C IV b) 1

Benelux 248 1 820 Whereas since the Kingdom of Belgium, the Denmark 309 2 150 Kingdom of the Netherlands and the Grand Duchy of 1 77 2 480 Germany Luxembourg are united in and represented by the France 50 5 300 Benelux Economic Union , all transactions concerning Ireland 15 15 the administration of shares allocated to that Italy 347 15 economic union may be carried out by any one of its United Kingdom 204 1 220 members, Total 1 350 13 000

HAS ADOPTED THIS REGULATION : 3. The second instalment of each quota, 150 and 1 500 hectolitres respectively, shall constitute the reserve .

Article1¶

1 . From 1 January to 31 December 1978 , Commu­ 1 . If 90 % or more of one of the initial shares of a nity tariff quotas shall be opened for products origi­ Member State, as laid down in Article 2 (2) or 90 % or nating in Portugal, within the limits listed below : more of that share less the amount returned into the

3 . 12. 77 Official Journal of the European Communities No L 310/7

reserve, where the provisions of Article 5 have been Article 6 applied, has been exhausted, that Member State shall proceed without delay, by notifying the Commission, The Commission shall keep account of the shares to draw a second share equal to 15% or its initial opened by Member States in accordance with Articles share, rounded up to the next unit where appropriate, 2 and 3 and shall inform each of them of the extent to the extent that the amount in the reserve allows . to which the reserves have been used as soon as it receives the notifications . 2. If, after one or other of its initial shares has been exhausted, 90 % or more of the second share drawn The Commission shall, not later than 5 October 1978 , by a Member State has been used, that Member State notify Member States of the amount in each reserve shall proceed in the manner specified in paragraph 1 after the return of shares pursuant to Article 5. 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 . The Commission shall ensure that any drawing which uses up any reserve is limited to the balance available and for this purpose, shall specify the amount thereof 3 . If, after one of its second shares has been to the Member State which makes the final drawing. exhausted, 90 % or more of the third share drawn by a Member State has been used, that Member State shall proceed in the manner specified in paragraph 1 , Article 7 to draw a fourth share equal to the third.

1 . The Member States shall take all appropriate This process shall be applied until the reserve is measures to ensure that, when additional shares are exhausted . drawn pursuant to Article 3, it is possible for charges to be made, without interruption, against their accu­ mulated shares of the Community tariff quotas. 4. Notwithstanding paragraphs 1 , 2 and 3, the Member States may proceed to draw shares smaller than those fixed in those paragraphs if there is any 2. The Member States shall ensure that importers reason to believe that those shares might not be used of the said goods established in their territory have up. They shall inform the Commission of the reasons free access to the shares allocated to them . which led them to apply this paragraph. 3. The extent to which a Member State has used up its shares shall be determined on the basis of the imports originating in Portugal as and when the goods (i , Article 4 are entered with customs authorities for home use.

Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1978 . Article 8

At the Commission's request Member States shall inform it of imports of the products concerned actu­ A rticle 5 ally charged against their shares.

The Member States shall return to the reserve, not later than 1 October 1978, the unused portion of their Article 9 initial share which, on 15 September 1978 , is in excess of 20 % of the initial amount. They may return The Member States and the Commission shall coop­ a larger quantity if there are reasons to believe that erate closely in order to ensure that the provisions of such quantity might not be used . this Regulation are observed.

The Member States shall , not later than 1 October 1978, notify the Commission of the total imports of Article 10 the products concerned effected up to 15 September 1978 inclusive and charged against the Community quotas and, where appropriate, the proportion of their This Regulation shall enter into force on 1 January initial shares that is being returned to each reserve. 1978 .

No L 310/8 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