31978R0532

16 . 3 . 78 Official Journal of the European Communities No L 74/ 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC) No 532/ 78 of 13 March 1978 on the opening , allocation and administration of a Community tariff quota for sherry falling within heading No ex 22.05 of the Common Customs Tariff, origi­ nating in Spain

THE COUNCIL OF THE EUROPEAN tively ; whereas the application to sherry of the provi­ COMMUNITIES, sions governing the common organization of the market in wine, and in particular those concerning the observance of the free-at-frontier reference price, Having regard to the Treaty establishing the European entails a division of the quota period ; whereas tariff Economic Community , and in particular Article 113 quotas of 18 000 and 114 170 hectolitres respectively thereof, should thus be opened for the aforementioned wines for the period 1 March to 30 April 1978 ; Having regard to the proposal from the Commission ,

Whereas these wines remain subject to the provisions Whereas on the signing of the Agreement between governing the common organization of the market in the European Economic Community and Spain (') on wine ; whereas inclusion in the Community tariff 29 June 1970 , the Community undertook to grant quota should be subject to production of movement preferential tariff arrangements for imports for certificate A.E.I and a certificate of designation of imports into the Community of certain wines origi­ origin as provided for in Regulation (EEC) No nating in Spain , in particular sherry ; whereas in order 1 1 20 /75 (2) ; to satisfy this undertaking, the Community has opened each year two tariff quotas , namely : Whereas it is in particular necessary to ensure to all — 40 000 hectolitres at a duty rate of 40 % of the Community importers equal and uninterrupted access Common Customs Tariff duties , for sherry in to the abovementioned quotas and uninterrupted containers holding two litres or less, falling within application of the rates laid down for these quotas to subheading ex 22.05 C III a) 1 and ex 22.05 C IV all imports of the products concerned into all Member a) 1 , originating in Spain and States until the quotas have been used up ; whereas, 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, Whereas these preferential tariff arrangements were assessed by reference to both the statistics of each laid down only for imports of these products into the State's imports of the said products from Spain over a Member States of the Community as originally consti­ representative period and the economic outlook for tuted ; whereas, under the Act of Accession , importa­ the quota period concerned ; 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

(!) OJ No L 182, 16 . 8 . 1970 , p. 2 . (2 ) OJ No L 111 , 30 . 4. 1975, p. 19 .

No L 74/2 Official Journal of the European Communities 16 . 3 . 78

situation of Community imports ; whereas on this States, each of the quota amounts should be divided basis the corresponding imports by each of the into two instalments, the first instalment being allo­ Member States during the last three years represent cated among the Member States and the second the following percentages of the imports into the forming a reserve intended ultimately to cover the Community from Spain of the products concerned : requirements of the Member States which have used up their initial quota shares ; whereas, in order to ensure a certain degree of security to importers in 1974 1975 1976 each Member State, the first instalment of the Community quotas should be determined at a level which, under present circumstances, may be about Sherry : 90 % of each of the quota amounts ; — in containers holding two litres or less : Whereas the initial quota shares of the Member States Benelux 45-5 49-5 62-5 may be used up at different times ; whereas, in order Denmark 3-7 5-2 5-7 to take this fact into account and avoid any break in Germany 121 120 13-4 continuity, it is important that any Member State France 0-4 0-3 0-3 1-3 1.0 having used up almost the whole of one of its initial Ireland 2-8 4-9 1-4 1-2 quota share should draw an additional quota share Italy United Kingdom 30-6 30-3 1 5-8 from the corresponding reserve ; whereas this must be done by each Member State as and when each of its — in containers holding more than two litres : additional quota shares is almost entirely used up, and repeated as many times as the reserve allows ; whereas Benelux 25-7 39-9 35-3 the initial and additional quota shares must be avail­ Denmark 3-2 2-9 51 able for use until the end of the quota period ; Germany 2-4 2-9 3-4 whereas this method of administration calls for close France 01 01 01 Ireland 10 0-7 0-9 cooperation between Member States and the Commis­ Italy 00 00 00 sion, which latter must, in particular, be able to United Kingdom 67-6 53-5 55-2 observe the extent to which the quota amounts are used and inform Member States thereof ;

Whereas, in view of these factors and of the estimates Whereas, since the Kingdom of Belgium, the submitted by certain Member States, initial quota Kingdom of the Netherlands and the Grand Duchy of shares may be fixed approximately at the following Luxembourg are united in and jointly represented by percentages : the Benelux Economic Union, any measure concerning the administration of the quota shares allo­ Sherry in containers cated to that economic union may be carried out by holding any one of its members, two litres more than or less two litres

Benelux , 53-61 33-46 HAS ADOPTED THIS REGULATION : Denmark 5-05 3-83 Germany 13-20 2-99 France 0-31 0-03 Article 1 Ireland 2-06 0-78 Italy ' 2-1 1 0-01 1 . Until 30 April 1978 the Common Customs United Kingdom 23-66 58-90 Tariff duties in respect of the sherries mentioned below originating in Spain shall be partially Whereas, in order to take into account import trends suspended at the levels or within the limits of the for the products concerned in the different Member Community tariff quotas indicated for each of them :

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 | 18 000

ex 22.05 C III b) 1 sherry 5-5 ex 22.05 C IV b) 1 sherry 6-0 | 114 170

16 . 3 . 78 No L 74/ 3 Official Journal of the European Communities

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.1 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 instalments .

2. A first instalment of each quota shall be allocated among the Member States ; the respective shares which shall be valid until 30 April 1978 shall be as follows :

Sherry falling within subheadings :

ex 22.05 C HI a) 1 ex 22.05 C III b) I 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 3 830 60 490 United Kingdom

Total 16 200 102 700

3 . The second instalment of each quota, that is This process shall be applied until the reserve is 1 800 and 1 1 470 hectolitres respectively, shall consti­ exhausted . tute the corresponding reserve . 4. By way of derogation from paragraphs 1 , 2 and 3, a Member State may proceed to draw shares smaller than those fixed in those paragraphs, if there is reason Article 3 to believe that those shares might not be used up. They shall inform the Commission of the reasons 1 . If 90 % or more of one of the initial shares of a which led them to apply this paragraph . 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 Article 4 share equal to 10 % of its initial share, rounded up to the next unit where appropriate, to the extent that the Each of the additional shares drawn pursuant to amount in the reserve allows . Article 3 shall be valid until 30 April 1978 .

2 . If, after one or other of its initial shares have been exhausted , 90 % or more of the second share Article 5 drawn by a Member State has been used, that Member State shall proceed in the manner specified in para­ The Commission shall keep account of the shares graph 1 to draw a third share equal to 5 % of its opened by Member States in accordance with Articles initial share, rounded up to the next unit where appro­ 2 and 3 and shall inform each of them of the extent priate . to which the reserve has been used as soon as it receives the notifications . 3 . If, after one or other of its second shares have been exhausted , 90 % or more of the third share The Commission shall ensure that any drawing which drawn by a Member State has been used, that Member uses up the reserve is limited to the balance available State shall , in accordance with the same conditions, and , for this purpose, shall specify the amount thereof draw a fourth share equal to the third . to the Member State which makes the final drawing.

No L 74/4 Official Journal of the European Communities 16 . 3 . 78

Article 6 Article 7 On receipt of a request from the Commission , 1 . The Member States shall take all appropriate Member States shall inform it of imports actually measures to ensure that, when additional shares are charged against their shares . drawn pursuant to Article 3 , it is possible for charges to be made without interruption against their accumu­ Article 8 lated shares of the Community tariff quota. The Member States and the Commission shall coop­ erate closely in order to ensure that this Regulation is 2. The Member States shall ensure that importers observed . of the said goods established in their territory have free access to the shares allocated to them . Article 9

3 . The extent to which Member States have used This Regulation shall enter into force on the day following its publication in the Official Journal of up their shares shall be determined on the basis of the the European Communities. imports of the products in question entered for home use . It shall apply from 1 March 1978 .

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

Done at Brussels, 13 March 1978 .

For the Council

The President

Lise ØSTERGAARD