31978R0592
29 . 3 . 78 No L 82/ 3 Official Journal of the European Communities
COUNCIL REGULATION ( EEC) No 592/ 78 of 20 March 1978 opening , allocating and providing for the administration of Community tariff quotas for certain wines having a registered designation of origin , falling within subheading ex 22.05 C of the Common Customs Tariff, originating in Morocco ( 1978 / 79)
THE COUNCIL OF THE EUROPEAN transitional period these wines must be able to be COMMUNITIES , transported in containers of a capacity not exceeding 200 hectolitres ; Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 Whereas Council Regulation (EEC) No 2506/75 of 29 and 113 thereof, September 1975 laying down special rules for the importation of products in the wine-growing sector Having regard to the proposal from the Commission , originating in certain third countries (4) introduced the idea of a free-at-frontier reference price, being the Having regard to the opinion of the European Parlia reference price less customs duties actually levied ; ment ('),
Whereas it is in particular necessary to ensure equal Whereas the Interim Agreement between the Euro and uninterrupted access for all Community importers pean Economic Community and the Kingdom of to the abovementioned quotas, and uninterrupted Morocco (2) signed on 27 April 1976 stipulates in application of the rates laid down for these quotas to Article 14 that certain wines having a registered desig all imports of the products concerned into the nation of origin , falling within subheading ex 22.05 C Member States until the quotas have been used up ; of the Common Customs Tariff, originating in whereas, having regard to the above principles, the Morocco, shall be imported into the Community free Community nature of the quotas can be respected by of customs duties within the limits of an annual allocating the Community tariff quotas among the Community tariff quota of 50 000 hectolitres ; Member States ; whereas, in order to reflect most accu whereas these wines must be put up in containers rately the actual development of the market in the holding two litres or less ; whereas, however, the products in question , such allocation should be in Community has declared itself willing to apply the proportion to the requirements of the Member States, abovementioned provisions for the period 1978 /79 assessed by reference to both the statistics relating to and for a volume not exceeding 10 000 hectolitres to imports of the said products from Morocco over a wine exported in bulk ; whereas wines in bulk must representative reference period and the economic be put up in accordance with specific requirements ; outlook for the quota period concerned ;
Whereas the import price for the wines must at any given moment be not less than the Community refer Whereas in this case , however, neither Community ence prices for them ; whereas these wines must be nor national statistics showing the breakdown for each accompanied by a certificate of designation of origin of the types of wines in question are available and no in accordance with the model given in Annex D to reliable estimates of future imports can be made ; the Agreement in question ; whereas, in these circumstances, the quota volumes should be allocated in initial shares, taking into account demand for these wines on the markets of the Whereas, on the basis of an Agreement in the form of various Member States ; an exchange of letters provided for in Article 14 of the Interim Agreement and signed on 12 March 1977 (3), the tariff reduction shall apply from 1 April Whereas, to take into account import trends for the 1977 ; whereas the Community tariff quota in ques products concerned in the various Member States, tion should therefore be opened for a second period each of the quota amounts should be divided into two from 1 April 1978 to 31 March 1979 ; whereas the instalments, the first being allocated among the said Agreement in the form of an exchange of letters Member States and the second held as a reserve provides that the wines in bulk may be transported intended to cover at a later date the requirements of only in containers of a capacity not exceeding 25 Member States who have used up their initial share ; hectolitres ; whereas , however, temporarily and for a whereas, in order to guarantee some degree of security to importers in each Member State , the first instal (') OJ No C 63 , 13 . 3 . 1978 , p. 43 . (2 ) OJ No L 141 , 28 . 5. 1976, p. 98 . (3) OJ No L 65, 11 . 3 . 1977, p. 2. (4) OJ No L 256, 2 . 10 . 1975, p. 2.
No L 82 / 4 Official Journal of the European Communities 29 . 3 . 78
ment of the Community quotas should be fixed at a initial shares left over, it is essential that it should level which could , in the present circumstances , be return a significant proportion thereof to the relevant 50 % of each of the quota volumes ; reserve, to prevent a part of one or other of the Community quotas remaining unused in one Member Whereas the initial shares of the Member States may State when it could be used in others ; not be used up at the same rate ; whereas, in order to take this into account and to avoid disruption , any Whereas, since the Kingdom of Belgium, the Member State which has used up almost all of one of Kingdom of the Netherlands and the Grand Duchy of its initial shares should draw a supplementary share Luxembourg are united in and represented by the from the relevant reserve ; whereas this should be Benelux Economic Union , all transactions concerning done by each Member State each time one of its the administration of shares allocated to that supplementary shares is almost used up, and so on as economic union may be carried out by any one of its many times as the reserve allows ; whereas the initial members , and supplementary shares should be valid until the end of the quota period ; whereas this form of adminis HAS ADOPTED THIS REGULATION : tration requires close collaboration between the Member States and the Commission , and the Commis Article 1 sion must be in a position to follow the extent to which the quota volumes have been used up and 1 . For the period 1 April 1978 to 31 March 1979 , inform the Member States thereof ; Community tariff quotas shall be opened for the Whereas, if at a given date in the quota period a following products originating in Morocco within the Member State has a considerable quantity of one of its limits set out below :
CCT Quota heading Description volume No
22.05 Wine of fresh grapes ; grape must with fermentation arrested by the addition of alcohol :
C. Other : — Wines entitled to one of the following designations of origin : BERKANE , SAIS, BENI M'TIR , GUERROUANE, ZEMMOUR , ZENNATA , of an actual alcoholic strength not exceeding 15° : — in containers holding two litres or less 40 000 hi — in containers holding more than two litres 10 000 hi
2 . Within these tariff quotas the Common Customs (b) the containers must be completely filled ; Tariff duties applicable to these wines shall be totally suspended . (c) the means of closing the containers must be such that they cannot be tampered with and must 3 . The wines in question shall benefit from these ensure that they cannot be the subject of opera tariff quotas on condition that the prices on import tions during transportation or storage other than into the Community are not at any time less than the those carried out under the supervision of the authorities of either Morocco or the Member free-at-frontier reference prices referred to in Regula tion ( EEC) No 2506 /75 and subsequent texts which States ; apply to such prices . (d) each container must be labelled in such a way as 4. Wine in containers holding more than two litres to permit identification of the quality wine it contains ; must be put up in accordance with the following requirements : (e) the wine in question may be transported only in (a) the containers must be suitable for transporting containers of a capacity not exceeding 200 hecto wine and be used solely for that purpose ; litres .
29 . 3 . 78 No L 82/ 5 Official Journal of the European Communities
5 . Each of these wines, when imported, shall be by a Member State has been used up, that Member accompanied by a certificate of designation of origin , State shall , in accordance with paragraph 1 , draw a issued by the relevant Moroccan authority, in accor fourth share equal to the third . dance with the model annexed to this Regulation . This process shall continue to apply until the reserves are used up . Article 2 4. Notwithstanding paragraphs 1 , 2 and 3 , Member States may draw smaller shares than those fixed in 1 . The tariff quotas laid down in Article 1 shall be these paragraphs if there is reason to believe that divided into two instalments . those fixed might not be used up. They shall inform the Commission of their reasons for applying this 2. A first instalment of each quota shall be allo paragraph . cated among the Member States ; the shares which, subject to Article 5, shall be valid up to 31 March 1979 , shall be as follows : Article 4
(in hectolitres) Each additional share drawn pursuant to Article 3 shall be valid until 31 March 1979 . Wines having a registered designation of origin in containers holding : Member States two litres more than Article 5 or less two litres Member States shall return to the reserve , not later Benelux 3 330 840 than 1 February 19 79 , the unused portion of their Denmark 2 000 500 initial share which , on 15 January 1979 , is in excess Germany 4 000 1 000 France 4 000 1 000 of 20 % of the initial amount. They may return a Ireland 1 340 320 greater portion if there are grounds for believing that Italy 2 000 500 such portion might not be used in full . United Kingdom 3 330 840 Member States shall notify the Commission , not later Total 20 000 5 000 than 1 February 1979 , of the total imports of the products concerned effected under the Community quotas up to and including 15 January 1979 and, where appropriate, the proportion of each of their 3 . The second instalment of each quota, amounting initial shares that they are returning to each of the to 20 000 and 5 000 hectolitres respectively, shall reserves . constitute the corresponding reserve .
Article 6 Article 3 The Commission shall keep account of the shares 1 . If 90% or more of one of a Member State 's opened by Member States pursuant to Articles 2 and 3 and shall inform each State of the extent to which the initial shares, as specified in Article 2 (2), or of that share less the portion returned to the relevant reserve reserve has been used up as soon as it has been noti fied . where Article 5 has been applied, has been used up, that Member State shall , without delay, by notifying The Commission shall notify the Member States , not the Commission, draw a second share equal to 15 % later than 5 February 1979 , of the state of each reserve of its initial share, rounded up where necessary to the next whole number, in so far as the amount in the after the return of shares pursuant to Article 5 . reserve allows . The Commission shall ensure that the drawing which uses up a reserve is limited to the balance available , 2. If, after one or other of its initial shares has been and to this end , shall specify the amount thereof to used up, 90 % or more of the second share drawn by the Member State making the final drawing. a Member State has been used up, that Member State shall , in accordance with the conditions laid down in paragraph 1 , draw a third share equal to 7-5 % of its Article 7 initial share, rounded up where necessary to the next whole number, in so far as the amount in the reserve 1 . Member States shall take all measures necessary allows . to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may 3 . If, after one or other of its second shares has be charged without interruption against their aggre been used up, 90 % or more of the third share drawn gate shares in the Community quotas .
No L 82 / 6 29 . 3 . 78 Official Journal of the European Communities
2 . Member States shall ensure that importers of the Article 9 products concerned established in their territory have free access to the shares allocated to them . The Member States and the Commission shall colla 3 . The extent to which a Member State has used up borate closely in order to ensure that this Regulation its shares shall be determined on the basis of the is observed . imports originating in Morocco and entered for home use .
Article8¶
At the request of the Commission , Member States shall inform it of imports actually charged against This Regulation shall enter into force on 1 April their shares . 1978 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 20 March 1978 .
For the Council
The President
K. HEINESEN
ANNEX
1 . 2 . - Nummer - Nummer - - Eksportør - Ausführer - Exporter - Exporta Number - Numéro - Numero - 00000 teur - Esportatore - Exporteur: Nummer
3 . ( Name of authority guaranteeing the designation of origin )
4 . - Modtager - Empfänger - Consignee - Destinataire - Destinatario - Geadresseerde :
5 . CERTIFIKAT FOR OPRINDELSESBETEGNELSE BESCHEINIGUNG DER URSPRUNGSBEZEICHNUNG CERTIFICATE OF DESIGNATION OF ORIGIN CERTIFICAT D'APPELLATION D'ORIGINE CERTIFICATO DI DENOMINAZIONE DI ORIGINE 6 . - Transportmiddel - Beförderungsmittel CERTIFICAAT VAN BENAMING VAN OORSPRONG - Means of transport - Moyen de transport - Mezzo di trasporto - Vervoermiddel : 7 . ( Designation of origin )
8 . - Losningssted - Entladungsort - Place of unloading - Lieu de déchargement - Luogo di sbarco - Plaats van lossing :
9 . 10 . 11 . Mærker og numre, kollienes antal og art Bruttovægt Liter Zeichen und Nummern , Anzahl und Art der Packstücke Rohgewicht Liter Marks and numbers, number and kind of packages Gross weight Litres Marques et numéros, nombre et nature des colis Poids brut Litres Marca e numero, quantità e natura dei colli Peso lordo Litri Merken en nummers, aantal en soort der colli Brutogewicht Liter
12 . - Liter (i bogstaver) - Liter ( in Buchstaben) - Litres ( in words) - Litres ( en lettres) - Litri ( in lettere) - Liter (voluit):
13 . - Påtegning fra udstedende organ - Bescheinigung der erteilenden Stelle - Certificate of the issuing authority - visa de i organisme émetteur - visto dell organismo emittente - Visum van de instantie van afgifte:
14 . - Toldstedets attest - Sichtvermerk der Zollstelle - Customs stamp - Visa de la douane - Visto della dogana - Visum van de douane ( Oversættelse se nr. 15 - Über setzung siehe Nr. 15 - see the translation under No 15 - Voir traduction au n° 15 - Vedi traduzione al n . 15 - Zie voor vertaling nr. 15 )
Det bekræftes, at vinen , der er nævnt i dette certifikat, er 'fremstillet i området og ifølge marokkansk lovgivning er berettiget til oprindelsesbetegnelsen : » «. Alkohol tilsat denne vin er alkohol fremstillet af vin . , Wir bestätigen , daß der in dieser Bescheinigung bezeichnete Wein im Bezirk gewonnen wurde und ihm nach marokkanischem Gesetz die Ursprungsbezeichnung „ " zuerkannt wird . Der diesem Wein zugefügte Alkohol ist aus Wein gewonnener Alkohol . We hereby certify that the wine described in this certificate is wine produced within the wine district of and is considered by Moroccan legislation as entitled to the designation of origin ' '. The alcohol added to this wine is alcohol of vinous origin . Nous certifions que le vin décrit dans ce certificat a été produit dans la zone de et est reconnu , suivant la loi marocaine, comme ayant droit à la dénomination d'origine « ». L'alcool ajouté à ce vin est de l'alcool d'origine vinique. Si certifica che il vino descritto nel presente certificato è un vino prodotto nella zona di ed e riconosciuto, secondo la legge marocchina come avente diritto alla denominazione di origine « ». L'alcole aggiunto a questo vino è alcole di origine vinica . Wij verklaren dat de in dit certificaat omschreven wijn is vervaardigd in het wijndistrict van en dat volgens de Marokkaanse wetgeving de benaming van oorsprong „ " erkend wordt . De aan deze wijn toegevoegde alcohol is alcohol , uit wijn gewonnen .
16 . (')
(«) Rubrik forbeholdt eksportlandets andre angivelser. (1) Diese Nummer ist weiteren Angaben des Ausfuhrlandes vorbehalten (<) Space reserved for additional details given in the exporting country. (') Case réservée pour d'autres indications du pays exportateur. 0) Spazio riservato per altre indicazioni del paese esportatore. (I ) Ruimte bestemd voor andere gegevens van het land /an uitvoer.