31978R1435

No L 172 /26 28 . 6 . 78 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 1435/78

of 26 June 1978

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

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas these wines are, for the greater part, imported into the Community during the latter months of each year due to particular reasons inherent in their method Having regard to the Treaty establishing the European of production ahd distribution ; whereas, consequently, Economic Community, and in particular Articles 43 and the quota opened by Regulation (EEC) No 923 /78 (4) 113 thereof, for the period 1 May to 30 June 1978 has not been en­ tirely used up ; whereas, by way of exception, it is necessary to provide for the residual amount left over Having regard to the proposal from the Commission from this period to be taken into consideration to be used during the period of validity of this Regulation ; Having regard to the opinion of the European Parlia­ ment ( x), Whereas it is in particular necessary to ensure for all Community importers equal and uninterrupted access Whereas a Supplementary Protocol to the Agreement to the abovementioned quota and uninterrupted appli­ establishing an Association between the European cation of the rates laid down for that quota to all im­ Economic Community and the Republic of Cyprus was ports of the products concerned into all Member States signed on 11 May 1978 ; whereas this Protocol is to until the quota has been used up ; whereas, having re­ enter into force on 1 July 1978 ; whereas Article 6 of gard to the principles mentioned above, the Community this Protocol provides for the opening of an annual nature of the quota can be respected by allocating the Community tariff quota of 250 000 hectolitres , of Community tariff quota among the Member States ; liqueur wines falling within subheading ex 22.05 C of whereas, in order to reflect more accurately the actual the Common Customs Tariff, originating in Cyprus, at development of the market in the products concerned, rates of customs duty equal to 30 % of the customs such allocation should be in proportion to the needs of duty in the Common Customs Tariff; whereas the pro the Member States, assessed by reference to both the rata temporis clause is applicable; whereas under these statistics of each State's imports of the said products circumstances it is necessary to open a Community from Cyprus over a representative period and the tariff quota of 125 000 hectolitres for the period 1 July economic outlook for the quota period concerned; to 31 December 1978 ;

Whereas, however, neither Community nor national Whereas these wines remain subject to the provisions statistics showing the breakdown for the products in governing the common organization of the market in question are available and no reliable- estimates of fu­ wine products, especially as regards observance of the ture imports can be made; whereas, in these circum­ reference price; whereas entry under the above Com­ stances , the quota volumes should be allocated in initial munity tariff quota must be conditional on the wines shares, taking into account demand for these products being described as 'liqueur wines' in the V.I. 1 docu­ on the markets of the various Member States ; ment provided for in Regulation (EEC) No 2115/76 (2 );

Whereas Council Regulation (EEC) No 2506/75 of 29 Whereas , in order to take into account import trends September 1975 laying down special rules for the im­ for the products concerned in the different Member portation of products in the wine-growing sector States, the quota amount should be divided into two originating in certain third countries (3 ), introduced the tranches, the first tranche being allocated among the idea of a free-at-frontier reference price, being the ref­ Member States and the second forming a reserve in­ erence price less customs duties actually levied ; tended ultimately to cover the requirements of the Member States which have used up their initial quota shares ; whereas, in order to ensure a certain degree of ( 1) Opinion delivered on 16 June 1978 (not yet published in the Official Journal). (2 ) OJ No L 237, 28 . 8 . 1976 , p. 1 . (3 ) OJ No L 256, 2 . 10 . 1975 , p. 2 . (4 ) OJ No L 120, 4 . 5 . 1978 , p. 1 .

28 . 6 . 78 No L 172/27 Official Journal of the European Communities

security to importers in each Member State, the first part of the Community quota remaining unused in one tranche of the Community quota should be determined Member State when it could be used in others ; at a level which, under present circumstances, may be 85 % of the quota amount; Whereas since the Kingdom of Belgium, the Kingdom of Whereas the initial shares of the Member States may be the Netherlands and the Grand Duchy of Luxembourg used up at different times ; whereas, in order to take this are united within and jointly represented by the Benelux fact into account and avoid any break in continuity, it is Economic Union all transactions concerning the ad­ important that any Member State having used up ministration of shares allocated to that economic union almost the whole of its initial shares should draw an may be carried out by any one of its members , 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 peated as many times as the reserve allows ; whereas the initial and additional shares must be available for use HAS ADOPTED THIS REGULATION : until the end of the quota period; whereas this method of administration calls for close cooperation between Member States and the Commission, which must, in Article 1 particular, be able to observe the extent to which the quota amount is used and inform Member States thereof; 1 . From 1 July to 31 December 1978 , the Common Whereas, if at a specified date in the quota period, a Customs Tariff duties in respect of the following considerable balance remains in one or other Member products originating in Cyprus shall be partially sus­ State it is essential that that Member State pays a large pended at the levels shown below within the limits of a amount of it back into the reserve, in order to avoid a Community tariff quota of 125 000 hectolitres :

CCT Rate heading Description of duty No

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 13° but not ex­ ceeding 15°, in containers holding: ex a) Two litres or less : — Liqueur wines of an actual alcoholic strength of 15° 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 III . Of an actual alcoholic strength exceeding 15° but not ex­ ceeding 18°, in containers holding: a) Two litres or less : ex 2 . Other : — Liqueur wines 51 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 ex­ ceeding 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

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

2. The entry of these wines under the tariff quota shall delay, by notifying the Commission, to draw a second be conditional on their being described in the V.I. 1 share equal to 15 % of its initial share, rounded up to document provided for in Regulation (EEC) No the next unit where appropriate, to the extent that the amount in the reserve allows . 2115 /76 as 'liqueur wines'.

3 . The inclusion of these wines in this Community 2 . If, after its initial share has been exhausted, 90 % or tariff quota shall be conditional upon observance of the more of the second share drawn by a Member State has reference price applying .to them. been used, that Member State shall proceed, in the manner specified in paragraph 1 , to draw a third share equal to 7-5 % of its initial share, rounded up to the 4. The wines in question shall benefit from this tariff next unit where appropriate, to the extent that the quota on condition that the prices on import into the amount in the reserve allows . Community are not any time less than the free-at-fron­ tier reference prices referred to in Regulation (EEC) No 2506/75 and subsequent texts which apply to such 3 . If, after its second share has been exhausted, 90 % prices . or more of the third share drawn by a Member State has been used, that Member State shall proceed, in the same way, to draw a fourth share equal to the third. Article 2 This process shall be applied until the reserve is ex­ 1 . The Community tariff quota referred to in Article 1 hausted. shall be divided into two tranches.

4. Notwithstanding the provisions of paragraphs 1 , 2 2 . The first tranche, amounting to 106 520 hectolitres, and 3 , the Member States may proceed to draw shares shall be shared among the Member States ; the pro­ smaller than those fixed in those paragraphs if there is portions which, subject to Article 5 , shall be valid until reason to believe that they might not be used up. They 31 December 1978 , shall be as follows : shall inform the ^Commission oft the reasons which led Benelux 1 500 hi them to apply this paragraph. Denmark 1 500 hi Germany 1 500 hi France 10 hi Ireland 2 000 hi Article 4 Italy 10 hi United Kingdom 100 000 hi The additional shares drawn pursuant to Article 3 shall be valid until 31 December 1978 .

3 . The shares determined in paragraph 2 shall be in­ creased by any remainders of the shares allocated under Regulation (EEC) No 923 /78 existing on 30 June 1978 . Article 5

Member States shall notify the Commission not later Member States shall return to the reserve, not later than than 15 July 1978 of any remainders of the shares allo­ 15 November 1978 , the unused portion of their initial cated under the abovementioned Regulation existing on share which, on 1 November 1978 , is in excess of 20 % 30 June 1978 . of the initial amount. They may return a larger portion if there are grounds for believing that such portion may not be used in full . 4. The second tranche, amounting to 18 480 hec­ tolitres, shall constitute the reserve to which any re­ mainders of the reserves constituted under Article 2 of Each Member State shall, not later than 15 November Regulations (EEC) No 3016/77, (EEC) No 533 /78 and 1978 , notify the Commission of the total imports of the (EEC) No 923 /78 , existing on 30 June 1978 shall be products concerned effected up to 1 November 1978 added, irrespective of the implementation of Article 5 . inclusive, and charged against the Community quota and, where appropriate, the proportion of its initial share that is being returned to the reserve. Article 3

1 . If 90 % or more of the initial share of a Member State, as laid down in Article 2 (2 ), or 90 % of that Article 6 share less the amount returned into the reserve, where the provisions of Article 5 have been applied, has been The Commission shall keep account of the shares exhausted, that Member State shall proceed without opened by Member States in accordance with Articles 2

28 . 6 . 78 No L 172/29 Official Journal of the European Communities

and 3 and shall inform each of them of the extent to 2 . Member States shall ensure that importers of the which the reserve has been used as soon as it receives said goods established in their territory have free access the notifications . to the shares allocated to them.

3 . The extent to which a Member State has used up its The Commission shall, not later than 20 November share shall be determined on the basis of the imports of 1978 , notify Member States of the amount in the the goods in question entered at customs for home use. reserve after the return of shares pursuant to Article 5 .

Article8¶

The Commission shall ensure that any drawing which On receipt of a request from the Commission, Member uses up the reserve is limited to the balance available States shall inform it of imports actually charged against and, for this purpose, shall specify the amount thereof their shares . to the Member State which makes the final drawing.

Article9¶

Member States and the Commission shall cooperate Article 7 closely in order to ensure that this Regulation is observed . 1 . Member States shall take all appropriate measures to ensure that, when additional shares are drawn pur­ suant to Article 3 , it is possible for charges to be made Article 10 without interruption against their accumulated shares of the Community quota. 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