31978R0924

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

COUNCIL REGULATION (EEC) No 924/78 of 2 May 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 and originating in Spain

THE COUNCIL OF THE EUROPEAN Whereas, for particular reasons inherent in the COMMUNITIES, method of production and distribution of the product concerned, the import of these wines into the Commu­ Having regard to the Treaty establishing the European nity is for the greater part carried out in the last Economic Community, and in particular Article 113 months of each year ; whereas as a consequence the thereof, volume of the quotas opened for the period 1 January to 30 April 1978 have not been able to be used up Having regard to the proposal from the Commission, completely ; whereas, by way of exception , it is neces­ sary to provide for the residual amounts left over from Whereas, on the signing of the Agreement between this period to be taken into consideration so that they the European Economic Community and Spain (') on can be used during the period of validity of this Regu­ 29 June 1970, the Community undertook to grant lation ; preferential tariff arrangements for imports into the Community of certain wines originating in Spain , in Whereas these wines remain subject to the provisions particular sherry ; whereas, in order to satisfy this governing the common organization of the market in undertaking, the Community has opened each year wine ; whereas inclusion in the Community tariff two tariff quotas, namely : quota should be subject to production of movement — 40 000 hectolitres at a duty rate of 40 % of the certificate A.E.I and a certificate of designation of Common Customs Tariff duties, for sherry in origin as provided for in Regulation (EEC) No containers holding two litres or less, falling within 1 1 20/75 (4); subheadings ex 22.05 C III a) 1 and ex 22.05 C IV a) 1 and originating in Spain, Whereas sherries which enter the geographic territory — 210 000 hectolitres at a duty rate of 50 % of the of the Community from 1 May 1978 must respect the Common Customs Tariff duties, for sherry in reference prices applicable to them and also the provi­ containers holding more than two litres, falling sions of Council Regulation (EEC) No 2506/75 of 29 within subheadings ex 22.05 C III b) 1 and ex September 1975 laying down special rules for the 22.05 C IV b) 1 and originating in Spain ; importation of products in the wine-growing sectoi originating in certain third countries (5) which intro­ Whereas these preferential tariff arrangements were duced the idea of a free-at-frontier reference price, laid down only for imports of these products into the being the reference price less customs duties actually Member States of the Community as originally consti­ levied ; 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 Whereas it is in particular necessary to ensure to all with effect from 1 July 1977 ; whereas the import Community importers equal and uninterrupted access arrangements for these products should be uniform to the abovementioned quotas and uninterrupted application of the rates laid down for these quotas tc throughout the Community ; whereas, therefore, the all imports of the products concerned into all Membei aforementioned annual quotas should be increased to States until the quotas have been used up ; whereas, 108 000 and 685 000 hectolitres respectively ; whereas having regard to the principles mentioned above, the by reason of special circumstances the Community has already opened Community tariff quotas by Regu­ Community nature of the quotas can be respected by lations (EEC) No 3012/77 0 and (EEC) No 532/78 (3) allocating the Community tariff quotas among the for the total volumes of 36 000 and 228 340 hecto­ Member States ; whereas, in order to reflect most accu­ rately the actual development of the market in the litres respectively for the period 1 January to 30 April 1978 ; products concerned, such allocation should be in proportion to the needs of the Member States, Whereas tariff quotas should thus be opened for the assessed by reference to both the statistics of each said wines of 72 000 and 456 660 hectolitres respec­ State's imports of the said products from Spain over a tively for the period 1 May to 31 December 1978 ; representative period and the economic outlook foi the quota period concerned ; (') OJ No L 182, 16. 8 . 1970, p. 2. (2) OJ No L 355, 31 . 12. 1977, p. 27. (4) OJ No L 111 , 30 . 4. 1975, p. 19 . (3) OJ No L 74, 16. 3. 1978 , p. 1 . (5 ) OJ No L 256, 2. 10 . 1975, p. 2.

No L 120/6 4. 5 . 78 Official Journal of the European Communities

Whereas available Community statistics give no infor­ States, each of the quota amounts should be divided mation on the situation of sherry on the markets ; into two instalments, the first instalment being allo­ whereas, however, Spanish statistics for exports of cated among the Member States and the second these products to the Community during the past few forming a reserve intended ultimately to cover the years can be considered to reflect approximately the requirements of the Member States which have used situation of Community imports ; whereas, on this up their initial quota shares ; whereas, in order to basis, the corresponding imports by each of the ensure a certain degree of security to importers in Member States during the past three years represent each Member State, the first instalment of the the following percentages of the imports into the Community quotas should be determined at a level Community from Spain of the products concerned : which, under present circumstances, may be about 90 % of each of the quota amounts ;

1974 1975 1976 Whereas the initial quota shares of the Member States may be used up at different times ; whereas, in order to take this fact into account and avoid any break in Sherry : continuity, it is important that any Member State — in containers holding two litres or less : having used up almost the whole of one of its initial Benelux 45.5 49.5 62.5 quota shares should draw an additional quota share Denmark 3.7 5.2 5-7 from the corresponding reserve ; whereas this must be Germany 121 120 13.4 done by each Member State as and when each of its France 0.4 0.3 0.3 additional quota shares is almost entirely used up and Ireland 2.8 1.3 10 repeated as many times as the reserve allows ; whereas 4.9 14 1.2 Italy the initial and additional quota shares must be avail­ United Kingdom 30.6 30.3 1 5 8 able for use until the end of the quota period ; whereas this method of administration calls for close — in containers holding more than two litres : cooperation between Member States and the Commis­ Benelux 25.7 39.9 35-3 sion, which must, in particular, be able to observe the Denmark 3.2 2-9 51 extent to which the quota amounts are used and 2.4 2-9 3 4 Germany inform Member States thereof ; France 01 01 0.1 Ireland 10 0.7 0.9 Whereas if at a specified date in the quota period a Italy 00 00 0.0 considerable balance remains in one or other Member United Kingdom 67.6 53.5 55.2 State it is essential that that Member State pays a large amount of it back into the reserve in order to avoid a part of the Community quota remaining unused in Whereas, in view of these factors and of the estimates one Member State when it could be used in others ; submitted by certain Member States, initial quota shares may be fixed approximately at the following Whereas, since the Kingdom of Belgium, the percentages : Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united in and represented by the Sherry in containers holding : Benelux Economic Union, all transactions concerning the administration of shares allocated to that two litres more than economic union may be carried out by any one of its or less two litres members,

Benelux 53.61 33.46 Denmark 505 3-83 HAS ADOPTED THIS REGULATION : Germany 13.20 2-99 France 0.31 0.03 Ireland 2-06 0-78 Article 1 Italy 2.1 1 0.01 United Kingdom 23-66 58.90 1 . From 1 May until 31 December 1978 , the Common Customs Tariff duties in respect of the sher­ ries mentioned below originating in Spain shall be 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 :

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

ex 22.05 C III a) 1 Sherry 5-4 72 000 ex 22.05 C IV a) 1 Sherry 5.8 ex 22.05 C III b) 1 Sherry 5-5 456 660 ex 22.05 C IV b) 1 Sherry 60

4 . 5 . 78 Official Journal of the European Communities No L 120 /7

2. The Protocol on the definition of the concept of the corresponding reserve. Any part of the reserves set 'originating products' and on methods of administra­ up by Article 2 of Regulations (EEC) No 3012/77 and tive cooperation annexed to the Agreement between ( EEC) No 532/78 remaining on 30 April 1978 shall the European Economic Community and Spain shall be added thereto, irrespective of Article 5 . be applicable .

Article 3 3 . The inclusion of sherry in the Community tariff quotas referred to in paragraph 1 shall be conditional 1 . If 90 % or more of one of the initial shares of a upon production of a movement certificate A.E.1 and a certificate of designation of origin as provided for in Member State, as laid down in Article 2 (2), has been Regulation ( EEC) No 1120/75 and endorsed by the exhausted , that Member State shall proceed without Spanish customs authorities. delay, by notifying the Commission , to draw a second share equal to 10 % of its initial share, rounded up to the next unit where appropriate, to the extent that the Sherry entering the geographic territory of the amount in the reserve allows . Community from 1 May 1978 must in addition , in order to benefit from these tariff quotas , observe the 2 . If, after one or other of its initial shares have reference prices applicable to them and also prices not been exhausted , 90 % or more of the second share less than the free-at-frontier reference prices referred drawn by a Member State has been used , that Member to in Regulation ( EEC) No 2506/ 75 and subsequent State shall proceed in the manner specified in para­ texts which are applicable to them . graph 1 to draw a third share equal to 5 % of its initial share, rounded up to the next unit where appro­ priate . Article 2

3 . If, after one or other of its second shares have 1 . The quotas laid down in Article 1 shall be been exhausted , 90 % or more of the third share divided into two instalments . drawn by a Member State has been used , that Member State shall , in accordance with the same conditions, 2 . A first instalment of each quota shall be allo­ draw a fourth share equal to the third . cated among the Member States ; the respective shares, which shall be valid until 31 December 1978 , This process shall be applied until the reserve is shall be as follows : exhausted .

4. By way of derogation from paragraphs 1 , 2 and Sherry hilling within subheadings : 3 , a Member State may proceed to draw shares smaller than those fixed in those paragraphs if there is reason ex 22.05 C II ! a ) 1 ex 22.0 S C III b) 1 and and to believe that those shares might not be used up . ex 22.0 'i C IV a ) 1 ex 22.0 5 C IV b ) 1 They shall inform the Commission of the reasons which led them to apply this paragraph . Benelux 34 740 1 37 520 Denmark 3 270 1 5 740 Germany 8 560 12 290 Article 4 France 200 120 Ireland 1 330 3 210 Each of the additional shares drawn pursuant to Italy 1 370 40 Article 3 shall be valid until 31 December 1978 . United Kingdom 1 5 330 242 080

Total 64 800 41 1 000 Article 5

The Member States shall return to the reserve , not 3 . The shares fixed in paragraph 2 shall be later than 15 November 1978 , the unused portion of increased by any part of the shares allocated by Regu­ their initial share which , on 1 November 1978 , is in lations ( EEC) No 3012/ 77 and ( EEC) No 532/ 78 excess of 20 % of their initial amount. They may remaining on 30 April 1978 . return a larger portion if there are reasons for believing that such portion may not be used in full . Member States shall notify the Commission not later than 15 May 1978 of any part of the shares allocated The Member States shall , not later than 15 November to them under the abovementioned Regulations 1978 , notify the Commission of the total imports of remaining on 30 April 1978 . the products concerned effected up to 1 November 1978 inclusive, and charged against the Community 4 . The second instalment of each quota , that is quota and , where appropriate , the proportion of its 7 200 and 45 660 hectolitres respectively , shall form initial share that is being returned to the reserve .

No L 120 / 8 4 . 5 . 78 Official Journal of the European Communities

Article 6 3 . The extent to which Member States have used up their shares shall be determined on the basis of the The Commission shall keep account of the shares imports of the products in question entered for home opened by Member States in accordance with Articles use . 2 and 3 and shall inform each of them of the extent to which the reserve has been used as soon as it receives the notifications . Article 8 The Commission shall , not later than 20 November On receipt of a request from the Commission , 1978 , inform the Member States of the amount in the Member States shall inform it of imports actually reserve after the return of shares pursuant to Article 5. charged against their shares. The Commission shall ensure that any drawing which uses up the reserve is limited to the balance available Article 9 and, for this purpose, shall specify the amount thereof to the Member State which makes the final drawing. The Member States and the Commission shall co­ operate closely in order to ensure that this Regulation AYticle 7 is observed . 1 . The Member States shall take all appropriate measures to ensure that, when additional shares are Article 10 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 the day lated shares of the Community tariff quotas. following its publication in the Official Journal of 2. The Member States shall ensure that importers the European Communities. of the said goods established in their territory have free access to the shares allocated to them . It shall apply 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