31978R1131
30 . 5 . 78 No L 142 /35 Official Journal of the European Communities
COUNCIL REGULATION (EEC) No 1131 /78
of 22 May 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 Algeria ( 1978/79)
THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas it is in particular necessary to ensure equal and uninterrupted access for all Community importers to the abovementioned quotas, and uninterrupted applica tion of the rates laid down for these quotas to all im Having regard to the Treaty establishing the European ports of the products concerned into the Member States Economic Community, and in particular Articles 43 and until the quotas have been used up ; whereas, having 113 thereof, regard to the above principles, the Community nature of the quotas can be respected by allocating the Com munity tariff quotas among the Member States ; where Having regard to the proposal from the Commission, as, in order to reflect most accurately the actual de velopment of the market in the products in question, such allocation should be in proportion to the require Having regard to the opinion of the European Parlia ments of the Member States, assessed by reference both ment ( 1 ), to the statistics relating to imports of the said products from Algeria over a representative reference period and Whereas the Cooperation Agreement between the to the economic outlook for the quota period con European Economic Community and the People's cerned; Democratic Republic of Algeria signed on 26 April 1976 stipulates in Article 20 that certain wines having a registered designation of origin falling within subhead ing ex 22.05 C of the Common Customs Tariff, Whereas in this case, however, neither Community nor originating in Algeria, shall be imported into the national statistics showing the breakdown for each of Community free of customs duties within the limits of the types of wines in question are available and no reli an annual Community tariff quota ; whereas the quota able estimates of future imports can be made; whereas volume for the period 1 July 1978 to 30 June 1979 is in these circumstances the quota volumes should be allo 400 000 hectolitres, consisting of 170 000 hectolitres of cated in initial shares, taking into account demand for wine in bulk and 230 000 hectolitres of wine in bottles ; these wines on the markets of the various Member whereas wine in bulk must be put up in accordance States ; with certain conditions ; whereas , however, because of certain difficulties for the transport of wine in bulk, a derogation should be made from the relevant provisions of the Agreement so that the transport may be effected in containers of a capacity not exceeding 200 hec Whereas, in order to take into account import trends tolitres ; whereas wine in bottles must be in containers for the products concerned in the various Member holding a maximum of two litres ; whereas the import States, each of the quota amounts should be divided prices for the wines must at any given moment be not into two instalments, the first being allocated among the less than the Community reference prices for them; Member States and the second held as a reserve in whereas these wines must be accompanied by a certifi tended to cover at a later date the requirements of cate of designation of origin in accordance with the Member States who have used up their initial share; model given in Annex D to the Agreement; whereas the whereas, in order to guarantee some degree of security Community tariff quotas in question should therefore to importers in each Member State, the first instalment be opened for the period concerned; of the Community quotas should be fixed at a level which could, in the present circumstances, be 50 % of each of the quota volumes ; Whereas Council Regulation (EEC) No 2506/75 of 29 September 1975 laying down special rules for the im portation of products in the wine-growing sector originating in certain third countries ( 2) introduced the idea of a free-at-frontier reference price, being the refer Whereas the initial shares of the Member States may ence price less customs duties actually levied; not be used up at the same rate; whereas, in order to take this into account and avoid disruption, any Member State which has used up almost all of one of its (*) OJ No C 108 , 8 . 5 . 1978 , p. 57. initial shares should draw a supplementary share from (2) OJ No L 256, 2 . 10. 1975 , p. 2 . the relevant reserve; whereas this should.be done by
No L 142/36 30 . 5 . 78 Official Journal of the European Communities
each Member State each time one of its supplementary Whereas, since the Kingdom of Belgium, the Kingdom shares is almost used up, and so on as many times as the of the Netherlands and the Grand Duchy of Luxem reserve allows; whereas the initial and supplementary bourg are united within and jointly represented by the shares should be valid until the end of the quota period; Benelux Economic Union, any measure concerning the administration of the shares allocated to that economic whereas this form of administration requires close col laboration between the Member States and the Com union may be carried out by any one of its members, mission, and the Commission must be in a position to follow the extent to which the quota volumes have been used up and inform the Member States thereof; HAS ADOPTED THIS REGULATION : Whereas, if at a given date in the quota period a Article 1 Member State has a considerable quantity of one of its initial shares left over, it is essential that it should return a significant proportion therof to the relevant reserve, to 1 . For the period 1 July 1978 to 30 June 1979 prevent a part of one or other of the Community quotas Community tariff quotas shall be opened for the follow remaining unused in one Member State when it could ing products originating in Algeria, within the limits set be used in others ; out below :
(in hi)
CCT Quota Description volume heading 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 :
AIN BESSEM-BOUIRA , MEDEA , COTEAUX DU ZACCAR , DAHRA , COTEAUX DE MASCARA , MONTS DU TESSALAH, COTEAUX DE TLEMCEN ,
of an actual alcoholic strength not exceeding 15° : — In containers holding two litres or less 230 000 — In containers holding more than two litres 170 000
2. Within these tariff quotas the Common Customs (a) the containers must be suitable for transporting wine Tariff duties applicable to these wines shall be totally and be used solely for that purpose; suspended. (b) the containers must be completely filled; 3 . The wines in question shall benefit from these tariff quotas on condition that the prices on import into the (c) the means of closing the containers must be such Community are not at any time less than the free-at- that they cannot be tampered with and must ensure frontier reference prices referred to in Regulation (EEC) that they cannot be the subject of operations during No 2506/75 and subsequent texts which apply to such transportation or storage other than those carried prices. out under the supervision of the authorities of Algeria or of the Member States ; 4. Wine in containers holding more than two litres must put up in accordance with the following (d) each container must be labelled in such a way as to requirements . permit identification of the quality wine it contains ;
30 . 5 . 78 Official Journal of the European Communities No L 142/37
(e) the wine in question may be transported only in initial share, rounded up where necessary to the next containers of a capacity not exceeding 200 hec whole number, in so far as the amount in the reserve tolitres . allows.
5 . Each of these wines, when imported, shall be accom 3 . If, after one or other of its second shares has been panied by a certificate of designation of origin, issued used up, 90 % or more of the third share drawn by a by the relevant Algerian authority, in accordance with Member State has been used up, that Member State the model annexed to this Regulation. shall, in accordance with paragraph 1 , draw a fourth share equal to the third. Article 2 This process shall continue to apply until the reserves 1 . The tariff quotas laid down in Article 1 shall be are used up. divided into two instalments .
4. Notwithstanding paragraphs 1 , 2 and 3 , Member 2. A first instalment of each quota shall be allocated States may draw smaller shares than those fixed in these among the Member States ; the shares which subject to Article 5 shall be valid up to 30 June 1979 shall be as paragraphs if there is reason to believe that those fixed follows : might not be used up. They shall inform the Commis sion of their reasons for applying this paragraph. (in hi ) Wines having a registered designation of origin , in containers Article 4 holding : Member States two litres more than Each additional share drawn pursuant to Article 3 shall or less two litres be valid until 30 June 1979 .
Benelux 19 100 13 400 Denmark 11 500 8 800 Article S Germany 23 000 18 000 France 23 000 18 000 Member States shall return to the reserve, not later than Ireland 7 800 4 600 1 April 1979, the unused portion of their initial share Italy 11500 8 800 which, on 15 March 1979 , is in excess of 20 % of the United Kingdom 19 100 13 400 initial amount. They may return a greater portion if there are grounds for believing that such portion might Total 115 000 85 000 not be used in full.
Member States shall notify the Commission, not later 3 . The second instalment of each quota, amounting to than 1 April 1979, of the total imports of the products 115 000 and 85 000 hectolitres respectively, shall con concerned effected under the Community quotas up to stitute the reserve. and including 15 March 1979 and, where appropriate, the proportion of each of their initial shares that they are returning to each of the reserves .
Article 3 Article 6 1 . If 90 % or more of one of a Member State's initial shares, as specified in Article 2 (2), or of that share less The Commission shall keep account of the shares the portion returned to the relevant reserve where Arti opened by Member States pursuant to Articles 2 and 3 and shall inform each Member State of the extent to cle 5 has been applied, has been used up, that Member State shall without delay, by notifying the Commission, which the reserve has been used up as soon as it has been notified. draw a second share equal to 15 % of its initial share, rounded up where necessary to the next whole number, in so far as the amount in the reserve allows . The Commission shall notify the Member States, not later than 5 April 1979, of the state of each reserve after the return of shares pursuant to Article 5 . 2 . If, after one or other of its initial shares has been used up, 90 % or more of the second share drawn by a The Commission shall ensure that the drawing which Member State has been used up, that Member State uses up a reserve is limited to the balance available, and shall, in accordance with the conditions laid down in to this end shall specify the amount thereof to the paragraph 1 , draw a third share equal to 7-5 % of its Member State making the final drawing.
No L 142 /38 Official Journal of the European Communities 30 . 5 . 78
Article7¶
1 . Member States shall take all measures necessary to At the request of the Commission, Member States shall ensure that additional shares drawn pursuant to Article inform it of imports actually charged against their 3 are opened in such a way that imports may be shares . charged without interruption against their aggregate shares in the Community quotas.
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 collabo rate closely in order to ensure that this Regulation is observed. 3 . Member States shall charge imports of the said goods against their shares as and when the goods are entered for home use.
4 . The extent to which a Member State has used up its Article 10 shares shall be determined on the basis of the imports charged in accordance with paragraph 3 . This Regulation shall enter into force on 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
ANNEX
1 . j ,(^J - Eksportør - Ausführer - Exporter - Exporta 2. ' - Nummer - Nummer teur - Esportatore - Exporteur: Number - Numéro - Numero - 00000 Nummer
3 . ( Name of authority guaranteeing the designation of origin )
4. <J-*« - Modtager - Empfänger - Consignee - Destinataire - Destinatario - Geadresseerde : 5 t»J ,o I J ^ J CERTIFIKAT FOR OPRINDELSESBETEGNELSE BESCHEINIGUNG DER URSPRUNGSBEZEICHNUNG CERTIFICATE OF DESIGNATION OF ORIGIN CERTIFICAT D'APPELLATION D'ORIGINE CERTIFICATO DI DENOMINAZIONE DI ORIGINE CERTIFICAAT VAN BENAMING VAN OORSPRONG 6 . - Transportmiddel - Beförderungsmittel - Means of transport - Moyen de transport - Mezzo di trasporto - Vervoermiddel : 7 . ( Designation of origin )
8. t !/•* ^ ' u & - Losningssted - Entladungsort - Place of unloading - Lieu de déchargement - Luogo di sbarco - Plaats van lossing :
g J < ^ ; ^ Jj \y ^ 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 num6ros, nombre et nature des colis Poids brut Litres Marca e numero, quantity e natura dei colli Peso lordo Litri Merken en nummers, aantal en soort der colli Brutogewicht Liter
12. L ) O - Liter (i bogstaver) - Liter (in Buchstaben) - Litres (in words) - Litres (en lettres) - Litri (in lettere) - Liter (voluit):
1 3. ^ ^ - Påtegning fra udstedende organ - Bescheinigung der erteilenden Stelle - Certificate of the issuing authority - Visa de l' organisme émetteur - Visto dell'organismo emittente - Visum van de instantie van afgifte:
14. » d L - 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 )
15. Det bekræftes, at vinen, der er nævnt i dette certifikat, er fremstillet i omrddet og ifølge algerisk lovgivning er berettiget til oprindelsesbetegnelsen: » « . Alkohol tilsat denne vin er alkohol fremstillet at vin . Wir bestätigen, daß der in dieser Bescheinigung bezeichnete Wein im Bezirk gewonnen wurde und ihm nach algerischem Gesetz die Ursprungsbezeichnung " zuerkannt wird. Der diesem Wein zugefugte 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 Algerian 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 algérienne, 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 nconosciuto, secondo la legge algerina, 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 Algerijnse wetgeving de benaming van oorsprong " erkend wordt De aan deze wijn toegevoegde alcohol is alcohol, uit wijn gewonnen.
16. ')
0) Rubrik forbeholdt eksportlandets andre angivelser. (1) Diese Nummer ist weiteren Artgaben des Ausfuhrlandes vorbehalten. 0) Space reserved for additional details given in the exporting country. 0) Case réservée pour d'autres indications du pays exportateur. O Spazio riservato peraltro indicazioni del paese esportatore. (■) Ruimte bestemd voor andere gegevens van het land van uitvoer.