31978R0923

4 . 5 . 78 No L 120 / 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC) No 923 / 78 of 2 May 1978 on the opening , allocation and administration of a Community tariff quota for liqueur wines, falling within subheading ex 22.05 C of the Common Customs Tariff and originating in Cyprus

THE COUNCIL OF THE EUROPEAN wine products, in particular as regards observance of COMMUNITIES, the reference price ; whereas inclusion in the Commu­ nity tariff quota should be subject to production of movement certificate A CY 1 and to the condition Having regard to the Treaty establishing the European that these wines are described in the V.I.I document Economic Community, and in particular Article 113 provided for in Regulation ( EEC) No 211 5/76 (3 ) as thereof, 'liqueur wines' ;

Having regard to the proposal from the Commission , Whereas Council Regulation ( EEC) No 2506/75 of 29 September 1975 laying down special rules for the Whereas a Supplementary Protocol to be annexed to importation of products in the wine-growing sector the Agreement establishing an association between originating in certain third countries (4) introduced the the European Economic Community and the Repu­ idea of a free-at-frontier reference price, being the blic of Cyprus was initialled on 7 April 1978 ; whereas reference price less customs duties actually levied ; that Protocol is expected to enter into force on 1 July 1978 ; whereas Article 6 thereof provides for the opening of an annual Community tariff quota of 250 000 hectolitres of liqueur wines, falling within Whereas, for special reasons inherent in the method subheading ex 22.05 C of the Common Customs of production and distribution of the product in ques­ Tariff and originating in Cyprus, at rates of customs tion , the import into the Community of these wines is duty equal to 30 % of the Common Customs Tariff largely carried out during the last months of the year ; duties ; whereas the pro rata temporis clause is appli­ whereas , therefore , the quotas opened for the period 1 cable ; January to 30 April 1978 have not been entirely used up ; whereas, by way of exception , it should be laid down that the amount remaining from the period be Whereas , in order to avoid a disruption of the trade in taken into consideration with a view to it being used the product in question between Cyprus and the during the period of validity of this Regulation ; Community, it is necessaiy to bring forward the appli­ cation of this tariff measure autonomously with effect from 1 May until 30 June 1978 in order to maintain Whereas equal and uninterrupted access to the above­ continuity with the autonomous measures which the mentioned quota and uninterrupted application of the Community has taken under Regulations ( EEC) No rates laid down for that quota to all imports of the 3016/77 (') and ( EEC) No 533/78 (2 ) for the period 1 products concerned into all Member States until the January to 30 April 1978 ; whereas in these circum­ quota has been used up should in particular be stances it is necessary to open a Community tariff provided for ; whereas , having regard to the principles quota of 41 666 hectolitres for the period 1 May to 30 mentioned above , the Community nature of the quota June 1978 ; can be respected by allocating the Community tariff quota among the Member States ; whereas , in order to Whereas these wines remain subject to the provisions reflect more accurately the actual development of the governing the common organization of the market in market in the products concerned , such allocation

(') OJ No L 355, 31 . 12 . 1977, p . 38 . (') OJ No L 237, 28 . 8 . 1976, p. I. (-' OJ No L 74, 16 . 3 . 1978 , p . 5 . H OJ No L 256, 2. 10 . 1975, p . 2.

No L 120 / 2 4 . 5 . 78 Official Journal of the European Communities

should be in proportion to the needs of the Member and when each of its additional shares is almost States, assessed by reference both of the statistics of entirely used up and repeated as many times as the each State's imports of the said products from Cyprus reserve allows ; whereas the initial and additional over a representative period and to the economic shares must be available for use until the end of the outlook for the quota period concerned ; quota period ; whereas this method of administration calls for close cooperation between Member States and the Commission , which must, in particular, be able to Whereas in this case, however, neither Community observe the extent to which the quota amount is used nor national statistics showing the breakdown for each and inform Member States thereof : of the types of wines in question are available and no reliable estimates of future imports can be made ; whereas, in these circumstances, the quota volumes Whereas if at a specified date in the quota period a considerable balance remains in one or other Member should be allocated in initial shares, taking into account demand for these wines on the markets of the State it is essential that that Member State pays a large various Member States ; amount of it back into the reserve in order to avoid a part of the Community quota remaining unused in one Member State when it could be used in others : Whereas, in order to take into account import trends for the products concerned in the different Member States, the quota amount should be divided into two Whereas since the Kingdom of Belgium, the instalments, the first instalment being allocated Kingdom of the Netherlands and the Grand Duchy of among the Member States and the second forming a Luxembourg are united in and represented by the reserve intended ultimately to cover the requirements Benelux Economic Union all transactions concerning of the Member States which have used up their initial the administration of shares allocated to that quota shares ; whereas, in order to ensure a certain economic union may be carried out by any one of its degree of security to importers in each Member State, members, the first instalment of the Community quota should be determined at a level which , under present circum­ stances, may be approximately 90 % of the quota HAS ADOPTED THIS REGULATION : amount ;

Article 1 Whereas the initial shares of the Member States may be used up at different times ; whereas, in order to 1 . From 1 May until 30 June 1978 , the Common take this fact into account and avoid any break in Customs Tariff duties in respect of the following continuity, it is important that any Member State products originating in Cyprus shall be suspended at having used up almost the whole of its initial shares the levels shown against each of them within the should draw an additional share from the reserve ; limits of a Community tariff quota of 41 666 hecto­ whereas this must be done by each Member State as litres : ,

CCT Rate of heading Description No duty . v

22.05 Wine of fresh grapes ; grape must with fermentation arrested by the addition of alcohol : C. Other : II . Of an actual alcoholic strength exceeding 1 3° but not exceeding 15° , in containers holding : ex a) Two litres or less : — Liqueur wines of an actual alcoholic strength of 1 5° 4-2 u.a./ hl ex b) More than two litres : —■ Liqueur wines of an actual alcoholic strength of 15° 3.3 u.a./ hl

4. 5 . 78 Official Journal of the European Communities No L 120/3

CCT Rate of heading Description duty No

22.05 III . Of an actual alcoholic strength exceeding 15° but not (cont'd) exceeding 18° , in containers holding : a) Two litres or less : ex 2 . Other : — Liqueur wines 5.1 u.a./ hl b) More than two litres : ex 3 . Other : — Liqueur wines 4.2 u.a./ hl

IV. Of an actual alcoholic strength exceeding 18° but not exceeding 22° , in containers holding : a) Two litres or less : ex 2 . Other : — Liqueur wines 5.7 u.a./ hl b) More than two litres : ex 3 . Other : — Liqueur wines 5.7 u.a./ hl

2. The Protocol on the definition of the concept of Germany 500 hectolitres, 'originating products' and on methods of administra­ France 10 hectolitres, tive cooperation annexed to the Agreement between Ireland 1 500 hectolitres, the European Economic Community and Cyprus shall Italy 10 hectolitres, be applicable . United Kingdom 32 000 hectolitres .

3 . The inclusion of these wines in the tariff quota 3 . The shares fixed in paragraph 2 shall be shall be conditional on their being described in the increased by any part of the shares allocated by Regu­ V.I.1 document provided for in Regulation (EEC) No lations ( EEC) No 3016/ 77 and ( EEC) No 533 /78 2115/76 as 'liqueur wines'. remaining on 30 April 1978 .

4. The inclusion of these wines in the tariff quota Member States shall notify the Commission not later shall be conditional upon observance of the reference than 15 May 1978 of any remaining parts of the price applying to them and production of movement shares allocated to them by the abovementioned Regu­ certificate A CY 1 . lations existing on 30 April 1978 .

5 . The wines in question shall benefit from the 4 . The second instalment amounting to 6 646 tariff quota on condition that the prices on import hectolitres shall constitute the reserve to which shall into the Community are not at any time less than the be added any parts of the reserves established by free-at-frontier reference prices referred to in Regula­ Article 2 of Regulations ( EEC) No 3016/77 and ( EEC) tion ( EEC) No 2506/ 75 and subsequent texts which No 533/78 remaining on 30 April 1978 irrespective of apply to them . the application of Article 5 .

Article 2 Article 3 1 . The Community tariff quota referred to in Article 1 shall be divided into two instalments . 1 . If 90 % or more of the initial share of a Member State , as laid down in Article 2 (2), or 90 % of that share less the amount returned into the reserve , where 2. The first instalment, amounting to 35 020 hecto­ the provisions of Article 5 have been applied, has litres, shall be shared among the Member States ; the proportions which , subject to Article 5 , shall be valid been exhausted , that Member State shall proceed until 30 June 1978 , shall be as follows : without delay, by notifying the Commission , to draw a second share equal to 1 5 % of its initial share , Benelux 500 hectolitres , rounded up to the next unit where appropriate, to the Denmark 500 hectolitres, extent that the amount in the reserve allows .

No L 120/4 4 . 5 . 78 Official Journal of the European Communities

2. If, after its initial share has been exhausted , 2 and 3 and shall inform each of them of the extent 90 % or more of the second share drawn by a to which the reserve has been used as soon as it Member State has been used, that Member State shall receives the notifications . proceed, in the manner specified in paragraph 1 to The Commission shall , not later than 20 June 1978 , draw a third share equal to 7-5 % of its initial share, notify Member States of the amount in the reserve rounded up to the next unit where appropriate . after the return of shares pursuant to Article 5 . 3 . If, after its second share has been exhausted , The Commission shall ensure that any drawing which 90 % or more of the third share drawn by a Member uses up the reserve is limited to the balance available State has been used, that Member State shall proceed, and, for this purpose, shall specify the amount thereof in the same way, to draw a fourth share equal to the to the Member State which makes the final drawing. third . Article 7 This process shall be applied until the reserve is exhausted . 1 . The Member States shall take all appropriate 4. Notwithstanding the provisions of paragraphs 1 , measures to ensure that, when additional shares are 2 and 3, the Member States may proceed to draw drawn pursuant to Article 3 , it is possible for charges shares smaller than those fixed in those paragraphs if to be made without interruption against their accumu­ there is reason to believe that they might not be used lated shares of the Community quota . up. They shall inform the Commission of the reasons 2 . The Member States shall ensure that importers which led them to apply this paragraph . of the said goods established in their territory have free access to the shares allocated to them . Article 4 3 . The extent to which a Member State has used up The additional shares drawn pursuant to Article 3 its share shall be determined on the basis of the shall be valid until 30 June 1978 . imports of the goods in question entered at customs for home use . Article 5 Article 8 Member States shall return to the reserve, not later than 15 June 1978 , the unused portion of their initial On receipt of a request from the Commission , share which, on 10 June 1978 , is in excess of 20 % of Member States shall inform it of imports actually the initial amount. They may return a larger portion if charged against their shares . there are grounds for believing that such portion may not be used in full . Article 9 Each Member State shall , not later than 15 June 1978 , The Member States and the Commission shall co­ notify the Commission of the total imports of the operate closely in order to ensure that this Regulation products concerned effected up to 10 June 1978 inclu­ is observed . sive, and charged against the Community quota, and, where appropriate, the proportion of its initial share Article 10 which is being returned to the reserve . This Regulation shall enter into force on the day Article 6 following its publication in the Official Journal ' of the European Communities. The Commission shall keep account of the shares opened by Member States in accordance with Articles It shall be applicable from 1 May 1978 .

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

Done at Brussels, 2 May 1978 . For the Council

The President K. B. ANDERSEN