31977R2763

15 . 12. 77 Official Journal of the European Communities No L 320 / 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC) No 2763/77 of 5 December 1977 opening, allocating and providing for the administration of a Community tariff quota for wines from fresh grapes and grape must with fermentation arrested by the addition of alcohol , falling within heading No 22.05 of the Common Customs Tariff, originating entirely in Greece

THE COUNCIL OF THE EUROPEAN tics relating to imports from Greece over a representa­ COMMUNITIES, tive period, and to the economic outlook for the quota period concerned ;

Having regard to the Treaty establishing the European Whereas, on the basis of the statistics at present avail­ Economic Community, and in particular Article 43 and 1 1 3 thereof, able, imports from Greece into the Member States in 1974, 1975 and 1976 of the product concerned have developed as follows and represent the following percentages of total imports into the Community : Having regard to the proposal from the Commission,

Member States 1974 1975 1976 Having regard to the opinion of the European Parlia­ ment ('), Benelux 55-02 66-66 73-31 Denmark 005 0-11 0-1 1 Germany 37-04 26-46 22-35 Whereas, pending a decision by the Association France 6-21 6-00 3-35 Council pursuant to Article 35 or 36 ( 1 ) of the EEC­ Ireland 005 0-02 001 Greece Association Agreement, a Community tariff Italy 0-14 0-02 0-02 quota of 430 000 hectolitres should be opened at a United Kingdom 1-49 0-71 0-85 reduced duty in 1978 for wines from fresh grapes and grape must with fermentation arrested by the addition of alcohol, originating entirely in Greece, complying Whereas, taking into account these figures and the with Regulation (EEC) No 816/70 and in particular foreseeable development of the market in the product with Article 9 thereof ; whereas it is necessary in these concerned during 1978 , the initial shares in the circumstances to open the Community tariff quota as volume of the quota may be fixed approximately at from 1 January 1978 ; the following percentages :

Benelux 62-91 Whereas it is in particular necessary to guarantee all 0-52 Denmark importers of the Member States equal and uninter­ Germany 29-35 rupted access to the said quota and uninterrupted 4-43 France application of the rate laid down for that quota to all Ireland 0-35 imports into such States of the products concerned Italy 0-35 until the quota has been used up ; whereas, having United 209 regard to the above principles, the Community nature of the quota can be respected by allocating the Community tariff quota among the Member States ; Whereas, in order to take into account the import whereas, to reflect most accurately the actual develop­ trends for the product concerned in the Member ment of the market in the products concerned, such States, the quota volume should be divided into two allocation should be in proportion to the needs of the tranches, the first tranche being allocated among the Member States, assessed by reference both to the statis­ Member States and the second forming a reserve intended ultimately to cover the requirements of the (') OJ No C 266, 7 . 11 . 1977, p. 45 . Member States, should their initial share be used up ;

No L 320/2 Official Journal of the European Communities 15 . 12. 77

whereas, in order to ensure a certain degree of security Whereas since the Kingdom of Belgium, the to importers, the first tranche of the Community Kingdom of the Netherlands and the Grand Duchy of quota should be determined at a relatively high level, Luxemburg are united within and jointly represented which under present circumstances could be 90 % of by the Benelux Economic Union, any measure the quota volume ; concerning the administration of the quota shares allo­ cated to that economic union may be carried out by any one of its members, Whereas the initial shares may be used up fairly quickly ; whereas, therefore, to avoid disruption of supplies, any Member State which has almost used up its initial share should draw a supplementary share from the Community reserve ; whereas this must be done by each Member State as each one of its supple­ HAS ADOPTED THIS REGULATION : mentary shares is almost used up, and as many times as the reserve allows ; whereas the initial and supple­ mentary shares must be valid until the end of the quota period ; whereas this form of administration Article 1 requires close collaboration between the Member States and the Commission , and the Commission must be in a position to follow the extent to which 1 . From 1 January to 31 December 1978, a the tariff quota has been used up and to inform the Community tariff quota of 430 000 hectolitres shall be Member States thereof ; opened in the Community for wine of fresh grapes and grape must with fermentation arrested by the addi­ tion of alcohol, falling within heading No 22.05 of the Whereas if, at a specified date in the quota period, a Common Customs Tariff, originating entirely in considerable quantity of the initial quota share Greece . remains in any Member State, it is essential that that Member State should return a certain proportion thereof to the reserve in order to avoid part of the Within this tariff quota, the Common Customs Tariff Community quota remaining unused in one Member duty shall be reduced to the levels indicated in the State when it could be used in others ; table below :

OCT heading Description Rate of duty No

22.05 Wine of fresh grapes ; grape must with fermentation arrested by the addition of alcohol : A. Sparkling wine 6 u.a. per hi B. Wine in bottles with 'mushroom' stoppers held in place by ties or fastenings, and wine otherwise put up with an excess pressure of not less than one atmosphere but less than three atmospheres, measured at a temperature of 20° C. 6 u.a. per hi C. Other : t L Of an actual alcoholic strength not exceeding 13° , in containers holding : (a) Two litres or less 1-8 u.a. per hi (b) More than two litres 1-3 u.a. per hi II . Of an actual alcoholic strength exceeding 13° but not exceeding 15° , in containers holding : (a) Two litres or less 21 u.a. per hi (b) More than two litres 1-6 u.a. per hi III . Of an actual alcoholic strength exceeding 15° but not exceeding 18° , in containers holding : (a) Two litres or less : 2. Other 2-5 u.a. per hi (b) More than two litres : 3 . Other 21 u.a. per hi

15 . 12 . 77 Official Journal of the European Communities No L 320 / 3

CCT heading Description Rate of duty No

22.05 IV. Of an actual alcoholic strength exceeding 18° but (cont'd) not exceeding 22° , in containers holding : (a) Two litres or less : 2 . Other 2-8 u.a. per hi (b) More than two litres : 3 . Other 2-8 u.a. per hi V. Of an actual alcoholic strength exceeding 22° , in containers holding : (a) Two litres or less 0-2 u.a . per hi and per degree + 1-5 u.a. per hi (b) More than two litres 0-2 u.a. per hi and per degree

Article 2 3 . If, after its second share has been exhausted, 90 % or more of the third share drawn by that Member State has been used up , it shall, in the 1 . The tariff quota referred to in Article 1 ( 1 ) shall be divided into two tranches . manner provided for in paragraph 1 , draw a fourth share equal to the third .

2. A first tranche, amounting to 387 000 hecto­ This process shall be applied until the reserve is litres, shall be shared among the Member States ; the exhausted . shares which, subject to Article 5, shall be valid until 31 December 1978 , shall be as follows : (hectolitres) 4. By way of derogation from paragraphs 1 , 2 and Benelux 243 450 3 , Member States may draw smaller shares than those Denmark 2 000 fixed in those paragraphs if there is reason to believe 113 600 that those shares might not be used up. They shall Germany inform the Commission of their reasons for applying France 17 150 this paragraph . Ireland 1 350 Italy 1 350 United Kingdom 8 100 Article 4 3 . The second tranche of 43 000 hectolitres shall constitute the reserve . Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1978 .

Article 3 Article 5 1 . If 90 % or more of any Member State's initial share, as laid down in Article 2 (2), or 90 % or more Member States shall return to the reserve, not later of that share less the amount returned to the reserve than 1 October 1978 , the unused portion of their where Article 5 has been applied , has been exhausted, initial share which , on 15 September 1978 , is in that Member State shall without delay, by notifying excess of 20 % of the initial amount . They may return the Commission, draw a second share equal to 1 5 % a greater portion if there are grounds for believing of its initial share , rounded up to the next unit where that such portion may not be used in full . appropriate, to the extent that the amount in the reserve allows . The Member States shall , not later than 1 October 1978 , notify the Commission of the total imports of 2. If, after its initial share has been exhausted , the products concerned effected under and charged 90 % or more of the second share drawn by that against the Community quota up to and including 15 Member State has been exhausted , it shall , in the September 1978 and, where appropriate , of the propor­ manner provided for in paragraph 1 , draw a third tion of their initial shares that they are returning to share equal to 7-5 % of its initial share. the reserve .

No L 320/4 Official Journal of the European Communities 15 . 12 . 77

Article 6 to Article 3 are opened in such a way that charges may be made without interruption against their The Member States shall be authorized to divide the combined shares of the Community quota. shares allocated to them or which they have drawn from the reserve into two parts, according to their fore­ 2. Member States shall ensure that importers of the seeable use, reserving one part for wines intended for said products established in their territory have free direct consumption and the other for wines intended access to the shares allocated to them or drawn from for processing. the reserve .

However, during the marketing year and according to 3 . The extent to which a Member State has used up the actual needs which arise, they shall make the its share shall be determined on the basis of the necessary adjustments to the original allocations. imports of the products in question submitted to the customs authorities under the cover of declarations Article 7 that they have been made available for home use. The Commission shall keep account of the shares opened by Member States in accordance with Articles Article 9 2 and 3 and shall inform each of them of the extent to which the reserve has been used as soon as it At the request of the Commission, Member States receives the notification . shall inform it of imports of the products in question actually charged against their shares. The Commission shall , not later than 5 October 1978 , notify the Member States of the state of the reserve after the return of shares pursuant to Article 5. Article 10 The Commission shall ensure that any drawing which The Member States and the Commission shall coop­ uses up the reserve is limited to the balance available erate closely in order to ensure that the provisions of and, for this purpose, shall specify the amount thereof this Regulation are complied with . to the Member State which makes the final drawing.

Article 11 Article 8 1 . Member States shall take all measures necessary This Regulation shall enter into force on 1 January 1978 . to ensure that supplementary shares drawn pursuant

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

Done at Brussels, 5 December 1977. For the Council The President

A. HUMBLET