31978R1130

30 . 5 . 78 Official Journal of the European Communities No L 142/33

COUNCIL REGULATION (EEC) No 1130/78 of 22 May 1978

concerning the allocation of a Community quota of wine of fresh grapes, intended to be fortified for distillation, originating in Algeria ( 1978/79)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, allocating the total quota into shares which take ac­ count of the capacity of the markets of the Member States to absorb the said wines ;

Having regard to the Treaty establishing the European Whereas, in order to take account in these conditions of Economic Community, the uncertainty in trends in imports into the Member States of the product concerned, the quota should be divided into two instalments, the first to be allocated Having regard to Council Regulation (EEC) No among all the Member States and the second to form a 1516/76 of 24 June 1976 on imports of wine of fresh reserve intended to cover any subsequent requirements grapes, intended to be fortified for distillation, origi­ of Member States which have used up their initial nating in Algeria (*), and in particular Article 3 ( 1 ) shares ; thereof,

Whereas Member States may use up their initial shares Having regard to the proposal from the Commission, at different rates; whereas to provide for this eventuality and to avoid disruption of supplies, any Member State which has almost used up its initial share should draw Whereas Regulation (EEC) No 1516/76 lays down that, an additional share from the reserve ; whereas this pursuant to the Cooperation Agreement and the Interim should be done by each Member State when each of its Agreement (2) signed on 26 April 1976 by the European additional shares has been almost used up, and so on as Economic Community and the People's Democratic many times as the reserve allows ; whereas the initial Republic of Algeria, wines of fresh grapes, intended for and additional shares should be valid until the end of fortifying, falling within subheadings 22.05 C I ex b) the quota period; and C II ex b) of the Common Customs Tariff, origi­ nating in Algeria, may be imported into the Community with a tariff concession consisting of an 80 % reduction Whereas if at a given date in the quota period a con­ ** in the customs duties and within the limits of a Com­ siderable quantity of a Member State's initial share munity quota subject to observance of a special price; remains unused, it is essential that that Member State whereas the annual quota is 500 000 hectolitres per should return it to the reserve so as to prevent a part of year for four years from the entry into force on 1 July the quota from remaining unused in one Member State 1976 of the Interim Agreement; whereas the third when it could be used in others ; annual Community quota should be allocated for the period 1 July 1978 to 30 June 1979 ; Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxem­ bourg are united within and jointly represented by the Whereas, in order to follow as closely as possible the Benelux Economic Union, any measure concerning the actual development of the market in the products in administration of the shares allocated to that economic question, such allocation must be effected in proportion union may be carried out by any one of its members, to Member States' requirements, calculated on the basis of the statistics on imports of the said products from Algeria during a representative period and also on the basis of the economic prospects for the tariff period HAS ADOPTED THIS REGULATION : under consideration ;

Article 1 Whereas, however, in this case, there are no Commu­ nity or national statistics for the wines in question ; The 500 000 hectolitres quota opened for wine of fresh whereas provision should consequently be made for grapes intended for fortifying, originating in Algeria, under the conditions laid down by Regulation (EEC) No 1516/76 , shall be allocated as follows among the (!) OJ No L 169, 28 . 6 . 1976, p. 29 . Member States for the period 1 July 1978 to 30 June (2) OJ No L 141 , 28 . 5 . 1976, p. 2 . 1979 :

No L 142 /34 Official Journal of the European Communities 30 . 5 . 78

(in hectolitres) may amount to the total quantities actually used for Benelux 30 000 fortifying, to the extent that the reserve so permits. Denmark 1 250 Germany 115 000 2 . Other shares may be drawn in accordance with the France 100 000 same conditions until the reserve is used up . Ireland 1 250 Italy 100 000 3 . Member States shall return to the reserve, not later United Kingdom 7 500 than 1 April 1979, the unused share of their quota. The reserve shall be used in accordance with paragraph (2). The remaining 145 000 hectolitres shall constitute the reserve . Article 3 Article 2 This Regulation shall enter into force on the third day 1 . If 90 % or more of any Member State's initial share following its publication in the Official Journal of the European Communities . as fixed in Article 1 is used for fortifying as part of its initial share, that Member State shall forthwith, by notifying the Commission, draw a second share which It shall apply from 1 July 1978 .

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

Done at Brussels, 22 May 1978 .

For the Council

The President

K. HEINESEN