31978R1434

28 . 6 . 78 No L 172 /23 Official Journal of the European Communities

COUNCIL REGULATION (EEC ) No 1434/78

of 26 June 1978

opening, allocating and providing for the administration of a Community tariff quota for wines of fresh grapes falling within subheading ex 22.05 C of the Common Customs Tariff, originating in Cyprus

THE COUNCIL OF THE EUROPEAN COMMUNITIES, cation of the rates laid down for that quota to all im­ ports of the products concerned into all Member States until the quota has been used up ; whereas, having re­ gard to the principles mentioned above, the Community Having regard to the Treaty establishing the European nature of the quota can be respected by allocating the Economic Community, and in particular Articles 43 and Community tariff quota among the Member States ; 113 thereof, whereas, in order to reflect more accurately the actual development of the market in the products concerned, Having regard to the proposal from the Commission, such allocation should be in proportion to the needs of the Member States, assessed by reference to both the Having regard to the opinion of the European Parlia­ statistics of each State's imports of the said products ment ( 1), from Cyprus over a representative period and the eco­ nomic outlook for the quota period concerned;

Whereas a supplementary Protocol to the Agreement establishing an Association between the European Economic Community and the Republic of Cyprus was signed on 11 May 1978 ; whereas this Protocol is to Whereas, however, neither Community nor national enter into force on 1 July 1978 ; whereas Article 5 of this statistics showing the breakdown for each of the types Protocol provides for the opening of an annual Com­ of wine in question are available and no reliable esti­ munity tariff quota of 10 000 hectolitres of certain mates of future imports can be made; whereas, in these wines of fresh grapes, in containers holding two litres or circumstances, the quota volumes should be allocated in less, falling within subheading ex 22.05 C of the initial shares, taking into account demand for these Common Customs Tariff, originating in Cyprus, at rates wines on the markets of the various Member States ; of customs duty equal to 25 % of the customs duty in Common Customs Tariff, originating in Cyprus, at rates temporis clause is applicable; whereas under these cir­ cumstances it is necessary to open a Community tariff quota of 5 000 hectolitres for the period 1 July to 31 Whereas , in order to take into account import trends December 1978 ; for the products concerned in the different Member States, the quota amount should be divided into two tranches, the first tranche being allocated among the Whereas these wines remain subject to the provisions Member States and the second forming a reserve in­ governing the Common organization of the market in tended ultimately to cover the requirements of the wine products, especially as regards observance of the Member States which have used up their initial quota reference price; shares ; whereas, in order to ensure a certain degree of security to importers in each Member State, the first tranche of the Community quota should be determined Whereas Council Regulation (EEC) No 2506/75 of 29 at a level which, under present circumstances, may be September 1975 laying down special rules for the im­ 86 % of the quota amount; 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 ence price less customs duties actually levied; Whereas the initial 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 continuity, it is Whereas it is in particular necessary to ensure for all important that any Member State having used up Community importers equal and uninterrupted access almost the whole of its initial shares should draw an to the abovementioned quota and uninterrupted appli­ additional share from the reserve ; whereas this must be done by each Member State as and when each of its additional shares is almost entirely used up and re­ ( x) Opinion delivered on 16 June 1978 (not yet published in the Official Journal). peated as many times as the reserve allows ; whereas the initial and additional shares must be available for use (2) OJ No L 256, 2 . 10. 1975 , p. 2 .

28 . 6 . 78 No L 172 /24 Official Journal of the European Communities

until the end of the quota period; whereas this method are united within and jointly represented by the Benelux of administration calls for close cooperation between Economic Union all transactions concerning the ad­ ministration of shares allocated to that economic union Member States and the Commission, which must, in particular, be able to observe the extent to which the may be carried out by any one of its members, quota amount is used and inform Member States thereof; HAS ADOPTED THIS REGULATION :

Whereas, if at a specified date in the quota period, a considerable balance remains in one or other -Member State it is essential that that Member State pays a large Article 1 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 ; 1 . From 1 July to 31 December 1978 , the Common Customs Tariff duties for the following products originating in Cyprus shall be partially suspended at the levels shown below within the limits of a Community Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg tariff quota of 5 000 hectolitres :

CCT Rate heading Description No of duty

22.05 Wine of fresh grapes ; grape must with fermentation arrested by the addition of alcohol :

C. Other : I. Of an actual alcoholic strength not exceeding 13°, in con­ tainers holding : ex a) Two litres or less : 3 u.a/hl — Wine of fresh grapes II. Of an actual alcoholic strength exceeding 13° but not exceeding 15° , in containers holding : ex a) Two litres or less : — Wine of fresh grapes other than liqueur wines 3.5 u.a. /hl of an actual alcoholic strength of 15 °

Benelux 140 hi 2 . The inclusion of these wines in this Community Denmark 140 hi tariff quota shall be conditional upon observance of the 140 hi reference price applying to them. Germany France 40 hi Ireland 300 hi 3 . The wines in question shall benefit from these tariff 40 hr Italy quotas on condition that the prices on import into the 3 500 hi United Kingdom Community are not at any time less than the free-at­ frontier reference prices referred to in Regulation 3 . The second tranche, amounting to 700 hectolitres, (EEC) No 2506/75 and subsequent texts which apply to shall constitute the reserve. such prices .

Article 3 Article 2 1 . If 90 % or more of the initial share of a Member State, as laid down in Article 2 (2), or 90 % of that 1 . The Community tariff quota referred to in Article 1 share less the amount returned into the reserve, where shall be divided into two tranches . the provisions of Article 5 have been applied, has been exhausted, that Member State shall proceed without 2 . The first tranche, amounting to 4 300 hectolitres, delay, by notifying the Commission, to draw a second shall be shared among the Member States ; the pro­ share equal to 15 % of its initial share, rounded up to portions which, subject to Article 5 , shall be valid until the next unit where appropriate, to the extent that the 31 December 1978 , shall be as follows : amount in the reserve allows.

28 . 6 . 78 No L 172/25 Official Journal of the European Communities

2 . If, after its initial share has been exhausted, 90 % or and 3 and shall inform each of them of the extent to more of the second share drawn by a Member State has which the reserve has been used as soon as it receives been used, that Member State shall proceed, in the the notifications. manner specified in paragraph 1 , to draw a third share equal to 7-5 % of its initial share, rounded up to the The Commission shall, not later than 20 November next unit where appropriate, to the extent that the 1978 , notify Member States of the amount in the . amount in the reserve allows. reserve after the return of shares pursuant to Article 5 . 3 . If, after its second share has been exhausted, 90 % The Commission shall ensure that any drawing which of more of the third share drawn by a Member State has uses up the reserve is limited to the balance available been used, that Member State shall proceed, in the same and, for this purpose, shall specify the amount thereof way, to draw a fourth share equal to the third. to the Member State which makes the final drawing. This process shall be applied until the reserve is exhausted . Article 7 4. Notwithstanding the provisions of paragraphs 1 , 2 and 3 , the Member States may proceed to draw shares 1 . Member States shall take all appropriate measures smaller than those fixed in those paragraphs if there is to ensure that, when additional shares are drawn pur­ reason to believe that they might not be used up. They suant to Article 3 , it is possible for charges to be made shall inform the Commission of the reasons which led without interruption against their accumulated shares of them to apply this paragraph. the Community quota.

Article 4 2 . Member States shall ensure that importers of the said goods established in their territory have free access to the shares allocated to them. The additional shares drawn pursuant to Article 3 shall be valid until 31 December 1978 . 3 . The extent to which a Member State has used up its share shall be determined on the basis of the imports of Article 5 the goods in question entered at customs for home use.

Member States shall return to the reserve, not later than 15 November 1978 , the unused portion of their initial Article 8 share which on 1 November 1978 is in excess of 20 % of the initial amount.They may return a larger portion if On receipt of a request from the Commission, Member there are grounds for believing that such portion may States shall inform it of imports actually charged against not be used in full. their shares .

Each Member State shall, not later than 15 November 1978 , notify the Commission of the total imports of the Article 9 products concerned effected up to 1 November 1978 inclusive, and charged against the Community quota Member States and the Commission shall cooperate and, where appropriate, the proportion of its initial closely in order to ensure that this Regulation its share that is being returned to the reserve. observed .

Article 6 Article 10 The Commission shall keep account of the shares opened by Member States in accordance with Articles 2 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 Luxembourg, 26 June 1978 .

For the Council

The President

K. B. ANDERSEN