31985R1525

8.6 . 85 Official Journal of the European Communities No L 150 / 29

COUNCIL REGULATION ( EEC) No 1525/85 of 23 May 1985

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

THE COUNCIL OF THE EUROPEAN hectolitres for the period 1 July 1985 to 30 June COMMUNITIES , 1986 ;

Having regard to the Treaty establishing the European Economic Community, and in particular Whereas Portugal has given an assurance that the Article 113 thereof, price 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 proposal from the Commission , wines covered by those tariff quotas should be treated in the same manner as wines granted preferential Whereas Article 9 of the Supplementary Protocol (') tariff concessions , provided the free-at-frontier to the Agreement between the European Economic reference price is observed ; whereas such wines Community and the Portuguese Republic (2), benefit from the tariff concessions only if the completed by Council Regulation (EEC) No 2370 / 81 provisions of Article 18 of Council Regulation (EEC) of 27 July 1981 laying down the arrangements No 337/79 ( 5), as last amended by Regulation (EEC) applicable to trade between Greece and Portugal (3), No 775 / 85 (6), are respected ; whereas those provides that customs duties on imports into the provisions apply to imports under those quotas ; Community of certain wines originating in Portugal shall be reduced : Whereas it is in particular necessary to ensure for all (a) by 60 % in the case of the duties applicable to Community importers equal and uninterrupted access port wines falling within subheadings ex 22.05 C to the abovementioned quotas and uninterrupted III a) 1 and ex 22.05 C IV a) 1 of the Common application of the rates laid down for these quotas to Customs Tariff, up to a total annual tariff quota all imports of the products concerned into all of 100 400 hectolitres , and Member States until the quotas have been used up ; whereas, having regard to the above principles, the (b) by 50 % in the case of the duties applicable to Community nature of the quotas can be respected by port wines falling within subheadings ex 22.05 C allocating the Community tariff quota among the III b) 1 and ex 22.05 C IV b) 1 of the Common Member States ; whereas, in order to reflect as Customs Tariff, up to a total annual tariff quota accurately as possible the true trend of the market in of 260 000 hectolitres ; the products concerned , such allocation should be in proportion to the requirements of the Member States , assessed by reference to the statistics of each State's Whereas the Declaration by the European Economic imports from Portugal over a representative reference Community on Article 9 of the Supplementary period and also to the economic outlook for the Protocol (4) reserves the right to the Community to quota period concerned ; increase , as from 1 July 1981 , the volume of the tariff quota referred to under (a) in so far as the tariff quota referred to under (b) has not been exhausted completely during the preceding period , the total Whereas available Community statistics give no infor­ mation on the situation of port wines on the markets ; volume remaining at 360 400 hectolitres ; whereas whereas, however, Portuguese statistics for exports of during recent years an average quantity of 107 000 these products to the Community during the past hectolitres of port wines referred to under (b) has not been exhausted ; whereas , on the basis of the three years can be considered to reflect approximately development of the importations of the wines in the situation of Community imports ; whereas, on this question during the two last quota periods, it is basis , the corresponding imports by each of the Member States for the past three years represent the necessary to fix the tariff quotas for these wines at respectively 207 400 hectolitres and 153 000 following percentages of the imports into the Community from Portugal of the products concerned : O OJ No L 348 , 31 . 12 . 1979 , p . 44 . O OJ No L 301 , 31 . 12 . 1972 , p . 165 . O OJ No L 236, 21 . 8 . 1981 , p . 1 . O OJ No L 54 , 5 . 3 . 1979 , p. 1 . (4) OJ No L 348 , 31 . 12 . 1979 , p . 61 . (*) OJ No L 88 , 28 . 3. 1985 , p. 1 .

No L 1 50/30 Official Journal of the European Communities 8.6.85

should, under the present circumstances, be fixed at 1981 1982 1983 around 90 °/o of each of the quota amounts ;

Port wines : — in containers holding Whereas the initial quota shares of the Member States two litres or less : may be used up at different times ; whereas, in order Benelux 19,9 22,6 22.7 to take this fact into account and avoid any break in Denmark 4,1 4,2 4,5 continuity, any Member State which has almost used Germany 6,8 5,7 6.4 up its initial quota share should draw an additional Greece 0,1 quota share from the corresponding reserve ; whereas France 51,0 50,4 50.8 this must be done by each Member State as and when Ireland 0,6 1,1 0,8 each of its additional shares is almost used up and Italy 10,2 7,4 5.5 repeated as many times as the reserve allows ; United Kingdom 7,3 8,6 9,3 whereas, the initial and additional quota shares must — in containers holding be valid until the end of the quota period ; whereas more than two litres : this method of administration requires close Benelux 23,7 39,9 32,8 cooperation between Member States and the Denmark 5,2 5,0 3,8 Commission and the latter must, in particular, be in a Germany 8,8 4,6 8,8 position to monitor the extent to which the quota Greece volumes have been used up and to inform the France 38,5 32,8 31,6 Member States thereof ; Ireland 0,1 Italy United Kingdom 23,7 17,7 23,0 Whereas if, at a given date in the quota period, a substantial quantity of one of the initial shares remains unused in one or other Member State it is essential that that Member State should return a significant proportion to the reserve to prevent a part of any Community quota from remaining unused in one Member State when it could be used in others ;

Whereas , in view of these data and the estimates submitted by certain Member States, initial quota Whereas, since the Kingdom of Belgium, the shares may be fixed approximately at the following Kingdom of the Netherlands and the Grand Duchy percentages : of Luxembourg are united within and jointly represented by the Benelux Economic Union any operations relating to the administration of the quota Port wines in containers shares allocated to that economic union may be holding : carried out by any one of its members, Member States two litres more than or less two litres HAS ADOPTED THIS REGULATION : Benelux 21,8 32,2 Denmark 4,3 4,7 Article 1 Germany 6 ,3 7,3 Greece 1 . From 1 July 1985 to 30 June 1986 Community 0,1 0,1 tariff quotas shall be opened, in the Community, for France 50,6 34,3 products originating ?n Portugal within the limits set Ireland 0,8 0,1 out below : Italy 7,5 0,1 (hectolitres) United Kingdom 8,6 21,2 OCT Description Quota amount heading No

ex 22.05 C III a) 1 207 400 Whereas, in order to take into account import trends ex 22.05 C IV a) 1 ^ Port wines

for the products concerned in the various Member ex 22.05 C m b) 1 153 000 States, each of the quota amounts should be divided ex 22.05 C IV b) 1 ^ Port wines

into two instalments, the first instalment being allocated among the Member States which have used up their initial quota shares ; whereas, in order to give 2 . The Common Customs Tariff duties on wines importers in each Member State a certain degree of imported within these tariff quotas shall be suspended security, the first instalment of the Community quotas at the rates set out below :

8.6.85 Urhcial ournal or the European Communities No L 150/ 31

(ECU/hl) where Article 5 is applied, has been used up, then, to CCT the extent permitted by the amount of the reserve, Rate of duty heading No that Member State shall forthwith, by notifying the Commission, draw a second share equal to 10 % of ex 22.05 C III a) 1 6,5 its initial share, rounded up where necessary to the ex 22.05 C IV a) 1 7,0 next unit. ex 22.05 C III b) 1 6,6 ex 22.05 C IV b) 1 2 . If, after one of its initial shares has been used 7,2 up, 90 % or more of the second share drawn by a Member State has been used up, then, to the extent permitted by the amount of the reserve , that Member State shall , in accordance with the conditions laid Within these tariff quotas, Greece shall apply customs duties calculated in accordance with the relevant down in paragraph 1 , draw a third share equal to 5 °/o of its initial share, rounded up where necessary provisions of the 1979 Act of Accession and of Regu­ to the next unit. lation (EEC) No 2370/ 81 .

3 . If, after one of its second shares has been used 3 . The wines shall benefit from these tariff quotas only if Article 18 (3) and (4) of Regulation (EEC) No up, 90 % or more of the third share drawn by a 337/ 79 are respected. Member State has been used up, that Member State shall, in accordance with the conditions laid down in paragraph 1 , draw a fourth share equal to the third . Article 2 This process shall continue until the reserve is used 1 . Each of the tariff quotas referred to in Article 1 up . shall be divided into two parts .

4. By way of derogation from paragraphs 1 , 2 and 2 . (a) The first instalment of each quota shall be 3 , a Member State may draw shares smaller than allocated among the Member States ; the those fixed in those paragraphs if there is reason to respective shares, which subject to Article 5 believe that these might not be used up. It shall shall be valid until 30 June 1986, shall be as follows : inform the Commission of its reasons for applying this paragraph . (hectolitres) Port wines under subheadings : Article 4 Member States ex 22.05 C III a) 1 ex 22.05 C ni b) 1 and and Each of the additional shares drawn pursuant to ex 22.05 C IV a) 1 ex 22.05 C IV b) 1 Article 3 shall be valid until 30 June 1986 .

Benelux 40 670 44 340 Article 5 Denmark 8 030 6 470 11 760 10 050 The Member States shall return to the reserve, not Germany later than 1 April 1986, the unused portion of their Greece 190 140 initial share which, on 15 March 1986 , is in excess of France 94 410 47 230 20 % of the initial volume. They may return a larger Ireland 1 500 140 quantity if there are grounds for believing that it Italy 14 000 140 might not be used . United Kingdom 16 040 29 190 The Member States shall, not later than 1 April 1986, Total 186 600 137 700 notify the Commission of the total quantities of the products concerned imported up to 15 March 1986 and charged against the Community quotas and of any quantities of the initial shares returned to each reserve . (b) The second instalment of each quota, namely 20 800 and 15 300 hectolitres respectively, shall constitute the corresponding reserve . Article 6

The Commission shall keep an account of the shares Article 3 opened by the Member States pursuant to Articles 2 1 . If 90 % or more of one of the Member State's and 3 and shall, as soon as it is notified , inform each initial shares as specified in Article 2 (2), or of that State of the extent to which the reserves have been share minus the portion returned to the reserve, used up.

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The Commission shall , not later than 5 April 1986 , 3 . The extent to which a Member State has used notify Member States of the amount in each reserve up its shares shall be determined on the basis of the after quantities have been returned thereto pursuant imports of the products concerned originating in to Article 5 . Portugal as and when the goods are entered with customs authorities for free circulation . The Commission shall ensure that any drawing which uses up any reserve is limited to the balance available Article 8 and to this end shall specify the amount thereof to the Member State which makes the last drawing. At the Commission's request Member States shall inform it of imports of the products concerned Article 7 actually charged against their shares . 1 . The Member States shall take all measures necessary to ensure that additional shares drawn Article 9 pursuant to Article 3 are opened in such a way that The Member States and the Commission shall imports may be charged without interruption against cooperate closely in order to ensure that this Regu­ their accumulated shares of the Community quotas . lation is complied with. 2 . The Member States shall ensure that importers of the products concerned established in their Article 10 territory 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. SIGNORILE