31977R3012

31 . 12 . 77 Official Journal of the European Communities No L 355/27

COUNCIL REGULATION ( EEC) No 3012/77 of 20 December 1977 on the opening, allocating and providing (or the administration of a Commu­ nity tariff quota for sherry, falling within heading No ex 22.05 of the Common Customs Tariff, originating in Spain

THE COUNCIL OF THE EUROPEAN reference price, entails the division of the quota COMMUNITIES, period into two parts, one covering the first two months of the year, the other covering the period from 1 March to 31 December 1978 ; whereas, as a Having regard to the Treaty establishing the European first step, tariff quotas of 18 000 and 114 170 hectoli­ Economic Community, and in particular Articles 43 tres respectively should thus be opened for the afore­ and 113 thereof, mentioned wines for the period 1 Janua^ to 28 February 1978 ; Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parlia­ ment (1), Whereas these wines remain subject to the provisions governing the common organization of the market in wine ; whereas inclusion in the Community tariff Whereas on the signing of the Agreement between quota should be subject to production of movement the European Economic Community and Spaih (J) on certificate A.E. 1 and a certificate of designation or 29 June 1970, the Community undertook to grant origin as provided for in Regulation (EEC) No preferential tariff arrangements for imports into the 1120/75 (3) ; Community of certain wines originating in Spain, in particular sherry ; whereas in order to satisfy this undertaking, the Community has opened each year two tariff quotas, namely : Whereas it is in particular necessary to ensure to all Community importers equal and uninterrupted access — 40 000 hectolitres at a duty rate of 40 % of the to the abovementioned quotas and uninterrupted Common Customs Tariff duties, for sherry in application of the rates laid down for these quotas to containers holding two litres or less, falling within all imports of the products concerned into all Member subheadings ex 22.05 C III a) 1 and ex 22.05 C IV States until the quotas have been used up ; whereas, a) 1 , originating in Spain and having regard to the principles mentioned above, the — 210 000 hectolitres at a duty rate of 50 % of the Community nature of the quotas can be respected by Common Customs Tariff duties, for sherry in allocating the Community tariff quotas among the containers holding more than two litres, falling Member States ; whereas, in order to reflect most accu­ within subheadings ex 22.05 C III b) 1 and ex rately the actual development of the market in the 22.05 C IV b) 1 , originating in Spain ; products concerned, such allocation should be in proportion to the needs of the Member States, assessed by reference to both the statistics of each Whereas these preferential tariff arrangements were State's imports of the said products from Spain over a laid down only for imports of these products into the representative period and the economic outlook for Member States of the Community as originally consti­ the quota period concerned ; tuted ; whereas, under the Act of Accession, importa­ tion of these products into the three new Member States are subject to Common Customs Tariff duties with effect from 1 July 1977 ; whereas the import Whereas available Community statistics give no infor­ arrangements for these products should be uniform mation on the situation of sherry on the markets ; throughout the Community ; whereas therefore the whereas, however, Spanish statistics for exports of aforementioned annual quotas should be increased to these products to the Community during the last few 108 000 hectolitres and 685 000 hectolitres respec­ years can be considered to reflect approximately the tively ; whereas the application to sherry, from 1 situation of Community imports ; whereas on this March 1978, of the provisions governing the common basis the corresponding imports by each of the organization of the market in wine, and in particular Member States during the last three years represent those concerning the observance of the free-at-frontier the following percentages of the imports into the Community from Spain of the products concerned : (J) Opinion delivered on 16 December 1977 (not yet published in the Official Journal). (2) OJ No L 182, 16. 8 . 1970, p. 2. (3) OJ No L 111 , 30. 4. 1975, p. 19.

No L 355/28 Official Journal of the European Communities 31 . 12 . 77

1974 1975 1976

Sherry : — in containers holding two litres or less : Benelux 45-5 49-5 62-5 Denmark 3-7 5-2 5·7 Germany 12-1 120 13-4 France 0-4 0-3 0-3 Ireland 2-8 1-3 1-0 Italy 4-9 1-4 1-2 United Kingdom 30-6 30-3 15-8 — in containers holding more than two litres : Benelux 25-7 39-9 35-3 Denmark 3-2 2-9 51 Germany 2-4 2-9 3-4 France 01 01 01 Ireland 10 0-7 0-9 Italy 00 00 00 United Kingdom 67-6 53-5 55-2

Whereas, in view of these factors and of the estimates to take this fact into account and avoid any break in submitted by certain Member States, initial quota continuity, it is important that any Member State shares may be fixed approximately at the following having used up almost the whole of one of its initial percentages : quota shares should draw an additional quota share from the corresponding reserve ; whereas this must be Sherry in containers holding done by each Member State as and when each of its additional quota shares is almost entirely used up, and Member States two litres more than repeated as many times as the reserve allows ; whereas or less two litres the initial and additional quota shares must be avail­ able for use until the end of the quota period ; Benelux 53-61 33-46 whereas this method of administration calls for close Denmark 505 3-83 cooperation between Member States and the Commis­ Germany 13-20 2-99 sion, which must, in particular, be able to observe the France 0-31 0-03 Ireland 0-78 extent to which the quota amounts are used and 2-06 2-1 1 0-01 inform Member States thereof ; Italy United Kingdom 23-66 58-90 Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the Benelux Economic Union any measure concerning Whereas, in order to take into account import trends the administration of the quota shares allocated to for the products concerned in the different Member that economic union may be carried out by any one States, each of the quota amounts should be divided of its members, into two tranches, the first tranche being allocated among the Member States and the second forming a reserve intended ultimately to cover the requirements of the Member States which have used up their initial HAS ADOPTED THIS REGULATION : quota shares ; whereas, in order to ensure a certain degree of security to importers in each Member State, the first instalment of the Community quotas should Article 1 be determined at a level which, under present circum­ stances, may be about 90 % of each of the quota 1 . From 1 January until 28 February 1978 , the amounts ; Common Customs Tariff duties in respect of the sher­ ries mentioned below originating in Spain shall be partially suspended at the levels or within the limits of Whereas the initial quota shares of the Member States the Community tariff quotas indicated for each of may be used up at different times ; whereas, in order them :

31 . 12 . 77 Official Journal of the European Communities No L 355/29

Rate Quota volume CCT heading No Description (in u.a./ hl) (in hi)

ex 22.05 C III a) 1 sherry 5-4 ex 22.05 C IV a) 1 sherry 5-8 I 18 000

ex 22.05 C III b) 1 sherry 5-5 ex 22.05 C IV b) 1 sherry 60 j 114 170

2. The Protocol on the definition of the concept of 'originating products and on methods of administrative cooperation, annexed to the Agreement between the European Economic Community and Spain, shall be applicable .

3. The inclusion of sherry in the Community tariff quotas referred to in paragraph 1 shall be conditional upon production of a movement certificate A.E.I and a certificate of designation of origin as provided for in Regulation (EEC) No 1120/75 and endorsed by the Spanish customs authorities .

Article2¶

1 . The quotas laid down in Article 1 shall be divided into two tranches.

2. A first tranche of each quota shall be allocated among the Member States ; the respective shares which shall be valid until 28 February 1978 , shall be as follows :

Sherry falling within subheadings :

Member States ex 22.05 C III a) 1 ex 22.05 C III b) 1 and and ex 22.05 C IV a) 1 ex 22.05 C IV b) 1

Benelux 8 690 34 370 Denmark 820 3 930 Germany 2 140 3 070 France 50 30 Ireland 330 800 Italy 340 10 United Kingdom 3 830 60 490

Total 16 200 102 700

3 . The second tranche of each quota, that is 1 800 graph 1 to draw a third share equal to 5 % of its and 11 470 hectolitres respectively, shall constitute the initial share, rounded up to the next unit where appro­ corresponding reserve . priate .

3 . If, after one or other of its second shares have Article 3 been exhausted , 90 % or more of the third share drawn by a Member State has been used , that Member State shall , in accordance with the same conditions, 1 . If 90 % or more of one of the initial shares of a drawn a fourth share equal to the third. Member State, as laid down in Article 2 (2), has been exhausted, that Member State shall proceed without delay, by notifying the Commission , to draw a second This process shall be applied until the reserve is exhausted . share equal to 10 % of its initial share, rounded up to the next unit where appropriate, to the extent that the amount in the reserve allows . 4. By way of derogation from paragraphs 1 , 2 and 3, a Member State may proceed to draw shares smaller 2. If, after one or other of its initial shares have than those fixed in those paragraphs, if there is reason been exhausted, 90 % or more of the second share to believe that those shares might not be used up . drawn by a Member State has been used , that Member They shall inform the Commission of the reasons State shall proceed in the manner specified in para­ which led them to apply this paragraph .

No L 355/30 Official Journal of the European Communities 31 . 12. 77

Article 4 2. The Member States shall ensure that importers of the said goods established in their territory have Each of the additional shares drawn pursuant to free access to the shares allocated to them . Article 3 shall be valid until 28 February 1978 . 3 . The extent to which Member States have used Article 5 up their shares shall be determined on the basis of the imports of the products in question entered for home The Commission shall keep account of the shares use . opened by Member States in accordance with Articles 2 and 3 and shall inform each of them of the extent Article 7 to which the reserve has been used as soon as it receives the notifications . On receipt of a request from the Commission, Member States shall inform it of imports actually The Commission shall ensure that any drawing which charged against their shares. uses up the reserve is limited to the balance available and, for this purpose, shall specify the amount thereof Article 8 to the Member State which makes the final drawing. The Member States and the Commission shall coop­ Article 6 erate closely in order to ensure that this Regulation is observed . 1 . The Member States shall take all appropriate measures to ensure that, when additional shares are Article 9 drawn pursuant to Article 3, it is possible for charges to be made without interruption against their accumu­ This Regulation shall enter into force on 1 January lated shares of the Community tariff quota. 1978 .

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

Done at Brussels, 20 December 1977 .

For the Council

The President

H. SIMONET