31985R1520

8.6.85 No L 150/ 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EEC) No 1520/85

of 23 May 1985

opening, allocating and providing for the administration of Community tariff quotas for sherry falling within heading No ex 22.05 of the Common Customs Tariff and originating in Spain ( 1985/86)

THE COUNCIL OF THE EUROPEAN Whereas Spain has given an assurance that the price COMMUNITIES for wines originating in its territory will not be lower than the reference price less the customs duties actually charged ; whereas, as a result thereof, the Having regard to the Treaty establishing the European Economic Community, and in particular wines covered by those tariff quotas should be treated Article 1 1 3 thereof, in the same manner as wines granted preferential tariff concessions, provided the free-at-frontier reference price is observed ; whereas such wines Having regard to the proposal from the Commission, benefit from the tariff concessions only if the provisions of Article 18 of Council Regulation (EEC) Whereas on the signing of the Agreement between No 337/79 (4), as last amended by Regulation (EEC) the European Economic Community and Spain (J ) on No 775/ 85 (5), are respected ; whereas those 29 June 1970, the Community undertook to grant provisions apply to imports under those quotas ; preferential tariff arrangements for imports into the Community of sherry originating in Spain ; whereas this undertaking, in conjunction with the Protocol to Whereas it is in particular necessary to ensure for all the Agreement between the European Economic Community importers equal and uninterrupted access Community and Spain consequent on the accession of to the abovementioned quotas and uninterrupted the Hellenic Republic to the Community (2), now application of the rates laid down for these quotas to relates to the opening each year of the following two tariff quotas : all imports of the products concerned into all Member States until the quotas have been used up ; whereas, having regard to the above principles, the — 108 120 hectolitres at a duty rate of 40 % of the Community nature of the quotas can be respected by Common Customs Tariff duties, for sherry in allocating the Community tariff quotas among the containers holding two litres or less, falling within Member States ; whereas , in order to reflect as subheadings ex 22.05 C III a) 1 and ex 22.05 C accurately as possible the actual trend of the market IV a) 1 of the Common Customs Tariff and orig­ in the products concerned, such allocation should be inating in Spain , and in proportion to the requirements of the Member States, calculated by reference to the statistics for — 685 000 hectolitres at a duty rate of 50 % of the imports of the said products from Spain over a Common Customs Tariff duties for sherry in representative reference period and also to the containers holding more than two litres, falling economic outlook for the quota period concerned ; within subheadings ex 22.05 C III b) 1 and ex 22.05 C IV b) 1 of the Common Customs Tariff and originating in Spain ; Whereas, during the last three years for which statistics are available, the corresponding imports into Whereas inclusion in the Community tariff quota each of the Member States represent the following should be subject to production of movement certi­ percentages of the imports into the Community from ficate A.E.I and a certificate of designation of origin Spain of the products concerned : as provided for in Commission Regulation (EEC) No 1120 / 75 (3);

(') OJ No L 182 , 16 . 8 . 1970 , p. 2 . C) OJ No L 326 , 13 . 11 . 1981 , p . 2 . (4) OJ No L 54 , 5 . 3. 1979, p. 1 . O OJ No L 111 , 30 . 4 . 1975 , p . 19 . C) OJ No L 88 , 28 . 3 . 1985 , p . 1 .

No L 150 / 2 Official Journal of the European Communities 8 . 6. 85

into two instalments the first being shared among the 1981 1982 1983 Member States and the second constituting a reserve to cover at a later date the requirements of Member Sherry : States which have used up their initial quota shares ; — in containers holding whereas, in order to give importers in each Member two litres or less : State a certain degree of security , the first instalment Benelux 44,43 41,80 37,13 of the Community quotas should, under the present Denmark 2,00 1,53 1,73 circumstances, be fixed at 91 % of each of the quota Germany 28,56 31,17 32,68 volumes ; Greece 0,01 0,01 0,04 France 0,23 0,31 0,24 Whereas the Member States' initial shares may be Ireland 1,82 1,43 1,03 used up at different times ; whereas, in order to take Italy 0,44 0,43 0,32 this fact into account and avoid any break in United Kingdom 22,51 23,32 26,83 continuity, any Member State which has almost used up one of its initial shares must draw an additional — in containers holding more than two litres : share from the corresponding reserve ; whereas this Benelux 34,23 38,97 39,75 must be done by each Member State as and when Denmark 3,84 4,39 3,58 each of its additional shares is almost entirely used Germany 0,72 1,16 2,58 up, and repeated as many times as the reserve allows ; Greece whereas the initial and additional shares must be valid France 0,09 0,07 0,06 until the end of the quota period ; whereas this Ireland 0,72 0,60 0,67 method of administration requires close cooperation Italy 0,01 between the Member States and the Commission, and United Kingdom 60,40 54,80 53,36 the Commission must be in a position to monitor the extent to which the quota volumes have been used up and inform the Member States thereof;

Whereas if, at a given date in the quota period , a Whereas , in view of these factors and of the estimates considerable quantity is left over in one or other submitted by certain Member States, initial quota Member State, it is essential thai that Member State shares may be fixed approximately at the following should return a significant proportion to the reserve percentages : to prevent a part of the Community quotas from remaining unused in one Member State when it could be used in others ; Sherry in containers holding Member States Whereas, since the Kingdom of Belgium, the two litres more than Kingdom of the Netherlands and the Grand Duchy or less two litres of Luxembourg are united within and jointly represented by the Benelux Economic Union, any Benelux 40,37 37,60 operation relating to the administration of the quota Denmark 1,98 3,97 shares allocated to that economic union may be Germany 30,99 1,42 carried out by any one of its members,

Greece 0,01 0,01 France 0,26 0,06 HAS ADOPTED THIS REGULATION : Ireland 1,62 0,66 Italy 0,40 0,01 Article 1 United Kingdom 24,37 56,27 1 . From 1 July 1985 to 30 June 1986 the Common Customs Tariff duties in respect of the sherries mentioned below originating in Spain shall be Whereas, in order to take into account import trends partially suspended at the levels and within the limits for the products concerned in the various Member of the Community tariff quotas indicated for each of States, each of the quota volumes should be divided them :

Rate Quota volume" CCT heading No Description (ECU/hl) (hectolitres)

ex 22.05 C III a) 1 Sherry 6.5 108 120 ex 22.05 C IV a) 1 Sherry 7,0 }

ex 22.05 C III b) 1 Sherry 6.6 685 000 ex 22.05 C IV b) 1 Sherry 7,2 }

8.6.85 Official Journal of the European Communities No L 150 / 3

Within the limits of this tariff quota , Greece shall delay by notifying the Commission draw a second apply customs duties calculated in accordance with share equal to 10 % of its initial share , rounded up the provisions of the 1979 Act of Accession . where necessary to the next unit, to the extent permitted by the amount of the reserve. 2 . The Protocol on the definition of the concept of originating products and on methods of 2. If, after one or other of its initial shares has administrative cooperation , annexed to the been used up, 90 % or more of the second share Agreement between the European Economic drawn by a Member State has been used up, that Community and Spain, shall be applicable . Member State shall, in accordance with the conditions laid down in paragraph 1 , draw a third 3 . In order that the wines in question may benefit share equal to 5 °/o of its initial share, rounded up to from these tariff quotas, Article 18 (3) and (4) of the next unit. Regulation (EEC) No 337 / 79 must be observed .

3 . If, after one or other of its second shares has 4 . The inclusion of sherry in these Community quotas shall be conditional upon production of a been used up , 90 °/o or more of the third share drawn movement certificate A.E.I and a certificate of by a Member State has been used up, that Member designation of origin as provided for in Regulation State shall, in accordance with the same conditions , (EEC ) No 1120/ 75 endorsed by the Spanish customs draw a fourth share equal to the third . authorities . The process shall continue until the reserve is used up. Article 2

1 . Each of the tariff quotas referred to in Article 1 4. By way of derogation from paragraphs 1 , 2 and shall be divided into two instalments . 3 , a Member State may draw shares smaller than those fixed in those paragraphs if there is reason to believe that they might not be used up. It shall inform 2 . A first instalment of each quota shall be shared the Commission of its reasons for applying this among the Member States ; the respective shares, paragraph. which , subject to Article 5 , shall be valid until 30 June 1986 , shall be as follows :

(hectolitres ) Article 4

Sherry failing within subheading : Each of the additional shares drawn pursuant to Member States Article 3 shall be valid until 30 June 1986 . ex 22.05 C III a) 1 ex 22.05 C III b) 1 and and ex 22.05 C IV a) 1 ex 22.05 C IV b) 1 Article 5 Benelux 39 760 232 000 The Member States shall return to the reserve , not Denmark 1 950 24 500 later than 1 April 1986, the unused portion of their Germany 30 520 8 760 initial shares which, on 15 March 1986, is in excess of Greece 10 60 20 % of the initial volume . They may return a larger France 260 370 quantity if there are grounds for believing that this Ireland 1 600 4 070 quantity may not be used .

390 60 Italy 24 000 347 180 United Kingdom The Member States shall, not later than 1 April 1986 , notify the Commission of the total quantities of the Total 98 490 617 000 products in question imported up to 15 March 1986 inclusive and charged against the Community quota, 3 . Second instalment of each quota, namely 9 630 and of any quantities of the initial shares returned to and 68 000 hectolitres respectively, shall constitute the the reserve . corresponding reserve .

Article6¶

1 . If 90 °/o or more of one of a Member State 's The Commission shall keep an account of the shares initial shares as specified in Article 2 (2), or of that opened by the Member States pursuant to Articles 2 same share reduced by the portion returned to the and 3 and shall as soon as it has been notified, inform each State of the extent to which the reserve has been corresponding reserve if Article 5 has been applied, has been used up , that Member State shall without used up.

No L 150 / 4 8.6.85 Official Journal of the European Communities

It shall inform the Member States , not later than 3 . The extent to which Member States have used 5 April 1985 , of the amount in the reserve after up their shares shall be determined on the basis of the quantities have been returned pursuant to Article 5 . imports of the products in question entered for free circulation . The Commission shall ensure that the drawing which uses up one of the reserves is limited to the balance Article 8 available and to this end shall specify the amount thereof to the Member State which makes the last At the request of the Commission, Member States drawing. shall inform it of imports actually charged against their shares . Article 7

1 . The Member State shall take all measures Article 9 necessary to ensure that additional shares drawn The Member States and the Commission shall pursuant to Article 3 are opened in such a way that cooperate closely in order to ensure that this Regu­ imports may be charged without interruption against lation is complied with . their accumulated shares of the Community quota.

2 . The Member States shall ensure that importers Article 10 of the said products have free access to the shares allocated to them . This Regulation shall enter into force on 1 July 1985 .

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

Done at Brussels, 23 May 1985 .

For the Council

The President

C. SIGNORII E