31977R2671

3 . 12 . 77 Official Journal of the European Communities No L 310/9

COUNCIL REGULATION ( EEC) No 2671 /77 of 28 November 1977 opening, allocating and providing for the administration of Community tariff quotas for Setubal muscatel 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 Setubal muscatel wines on the markets ; whereas, however, Portuguese statistics Having regard to the Treaty establishing the European for exports of these products to the Community Economic Community, and in particular Articles 43 during the past three years can be considered to and 113 thereof, reflect approximately the situation of Community Having regard to the proposal from the Commission, imports ; whereas on this basis the corresponding imports by each of the Member States for the past Having regard to the opinion of the European Parlia­ three years represent the following percentages of the ment ( l ), imports into the Community from Portugal of the Whereas Article 4 of Protocol 8 to the Agreement products 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 Setúbal muscatel 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 30 — — — Denmark — 20 83 — by 60 % in the case of the duties applicable to 50 80 — — Germany Setubal muscatel wines falling within subheadings — France — — — ex 22.05 C III a) 1 and ex 22.05 C IV a) 1 of the — Ireland — — — Common Customs Tariff up to a total annual tariff 20 — 17 — Italy — — — quota of 1 000 hi, and — United Kingdom — by 50 % in the case of the duties applicable to — in receptacles containing more than two litres : Setubal muscatel wines falling within subheadings — — Benelux 70 — ex 22.05 C III b) 1 and ex 22.05 C IV b) 1 of the — Denmark — — — Common Customs Tariff up to a total annual tariff — — — — Germany — France — — — quota of 2 000 hi ; — Ireland — — — whereas these wines will remain subject to the provi­ — — — — Italy sions governing the common organization of the 30 — — — United Kingdom 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 Setúbal muscatel wines in Member States ; 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 20 20 the statistics of each State's imports from Portugal Denmark 5 5 over a representative period and to the economic Germany 20 20 outlook for the quota period concerned ; France 20 20 Ireland 5 5 Italy 10 10 (') OJ No C 241 , 10 . 10 . 1977, p. 46 . United Kingdom 20 20 (2) OJ No L 301 , 31 . 12. 1972, p . 165 . (3). OJ No L 266, 29 . 9 . 1976, p. 2 .

No L 310/ 10 Official Journal of the European Communities 3 . 12. 77

Whereas, in order to take into account import trends for the products concerned in the different Member CCT heading No Description Quota amount States, each of the quota amounts should be divided Setubal into two instalments, the first instalment being allo­ ex 22.05 C III a) 1 muscatel cated among the Member States and the second ex 22.0.5 C IV a) 1 1 000 hi wines forming a reserve intended ultimately to cover the requirements of the Member States which have used Setubal ex 22.05 C III b) 1 muscatel up their initial quota shares ; whereas, in order to ex 22.05 C IV b) 1 2 000 hi 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 ex 22.05 C III a) 1 5-4 u.a./ hl the whole of any one of its initial quota shares should ex 22.05 Ç IV a) 1 5-8 u.a./ hl 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 Member State when each of its additional quota shares ex 22.05 C IV b) 1 6Ό u.a./hl 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 Member States and the Commission , which must, in 1 . The tariff quotas laid down in Article 1 shall be particular, be able to observe the extent to which the divided into two instalments. \ quota amounts are used and inform Member States thereof ; 2. A first instalment of each quota shall be shared 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 (beclolilrts) remains in one or other Member State it is essential that that Member State pays a large amount of it back Setúbal muscatel wines into the reserve, in order to avoid a part of one or under subheadings : other of the Community quotas remaining unused in ex 22.05 C III a) 1 ex 22.05 C III b) I one Member State when it could be used in others ; and and ex 22.05 C IV a) I ex 22.05 C IV b) I Whereas since the Kingdom of Belgium, the Benelux 180 360 Kingdom of the Netherlands and the Grand Duchy of Denmark 45 90 Luxembourg are united in and represented by the 180 360 Germany Benelux Economic Union , all transactions concerning France 180 360 the administration of shares allocated to that Ireland 45 90 economic union may be carried out by any one of its Italy 90 180 members, United Kingdom 180 360

Total 900 1 800

HAS ADOPTED THIS REGULATION : 3 . The second instalment of each quota, 100 and 200 hectolitres respectively, shall constitute the reserve . Article 1 A rtic/e 3 1 . From 1 January to 31 December 1978 , Commu­ nity tariff quotas shall be opened for products origi­ 1 . If 90 % or more , of one of the initial shares of a nating in Portugal, within the limits listed below : Member State, as laid down in Article 2 (2) or 90 % or

3 . 12 . 77 Official Journal of the European Communities No L 310/ 11

more of that share less the amount returned into the A rticle 6 reserve, where the provisions of Article 5 have been applied, has been exhausted, that Member State shall The Commission shall keep account of the shares proceed without delay, by notifying the Commission, opened by Member States in accordance with Articles to draw a second share equal to 1 5 % of its initial 2 and 3 and shall inform each of them of the extent share, rounded up to the next unit where appropriate, to which the reserves have been used as soon as it to the extent that the amount in the reserve allows. receives the notifications .

2. If, after one or other of its initial shares has been The Commission shall , not later than 5 October 1978 , exhausted, 90 % or more of the second share drawn notify Member States of the amount in each reserve by a Member State has been used, that Member State after the return of shares pursuant to Article 5. shall proceed in the manner specified in paragraph 1 to draw a third share equal to 7-5 % of its initial share, rounded up to the next unit where appropriate, The Commission shall ensure that any drawing which to the extent that the amount in the reserve allows . uses up any reserve is limited to the balance available and for this purpose, shall specify the amount thereof to the Member State which makes the final drawing. 3 . If, after one of its second shares has been exhausted, 90 % or more of the third share drawn by a Member State has been used, that Member State Article 7 shall proceed in the manner specified in paragraph 1 , to draw a fourth share equal to the third. 1 . The Member States shall take all appropriate measures to ensure that, when additional shares are This process shall be applied until the reserve is 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 2. The Member States shall ensure that importers than those fixed in those paragraphs if there is any of the said goods established in their territory have reason to believe that those shares might not be used free access to the shares allocated to them . up. They shall inform the Commission of the reasons 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 are entered with customs authorities for home use. Article 4

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

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

The Member States shall return to the reserve, not Article 9 later than 1 October 1 978 , the unused portion of their 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 1.5 September 1978 inclusive and charged against the Community quotas and, where appropriate, the proportion of their This Regulation shall enter into force on 1 Januar initial shares that is being returned to each reserve. 1978 .

No L 310/12 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