31985R1526

8.6 . X5 No L 150 / 33 Official Journal of the European Communities

COUNCIL REGULATION ( EEC) No 1526/85

of 23 May 1985

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

THE COUNCIL OF THE EUROPEAN Whereas it is in particular necessary to ensure for all COMMUNITIES, Community importers equal and uninterrupted access to the abovementioned quotas and uninterrupted application of the rates laid down for these quotas to Having regard to the Treaty establishing the all imports of the products concerned into all European Economic Community, and in particular Member States until the quotas have been used up ; Article 113 thereof, whereas, having regard to the above principles, the Community nature of the quotas can be respected by Having regard to the proposal from the Commission, allocating the Community tariff quota among the Member States ; whereas, in order to reflect as Whereas Article 9 of the Supplementary Protocol (') accurately as possible the true trend of the market in to the Agreement between the European Economic the products concerned, such allocation should be in Community and the Portuguese Republic (2), com­ proportion to the requirements of the Member States, pleted by Council Regulation (EEC) No 2370/ 81 of calculated by reference to the statistics of each State's 27 July 1981 laying down the arrangements applicable imports from Portugal over a representative reference to trade between Greece and Portugal (3), provides period and also to the economic outlook for the that customs duties on imports into the Community quota period concerned ; of certain wines originating in Portugal shall be reduced : Whereas available Community statistics give no infor­ mation on the situation of Madeira wines on the — by 60 % in the case of the duties applicable to markets ; whereas , however, Portuguese statistics for Madeira wines falling within subheadings ex 22.05 exports of these products to the Community during C III a) 1 and ex 22.05 C IV a) 1 of the Common the past three years can be considered to reflect Customs Tariff, up to a total annual tariff quota approximately the situation of Community imports ; of 4 050 hectolitres, whereas , on this basis, the corresponding imports by each of the Member States for the past three years — by 50 % in the case of the duties applicable to represent the following percentages of the imports Madeira wines falling within subheadings ex 22.05 into the Community from Portugal of the products C III b) 1 and ex 22.05 C IV b) 1 of the Common concerned : Customs Tariff, up to a total annual tariff quota of 14 500 hectolitres ; 1981 1982 1983 Whereas Portugal has given an assurance that the price for wines originating in its territory will not be Madeira wines : lower than the reference price less the customs duties — in containers holding \\ actually charged ; whereas , as a result thereof, the two litres or less : \ wines covered by those tariff quotas should be treated Benelux 42,5 39,2 27,5 Denmark 6,0 6.0 7,0 in the same manner as wines granted preferential Germany 7,2 2,7 8,2 tariff concessions , provided the free-at-frontier Greece — — 2,2 reference price is observed ; whereas such wines France 2,2 1,5 0,3 Ireland — benefit from the tariff concessions only if the I-I 1,3 32,3 11.4 9,1 provisions of Article 18 of Council Regulation (EEC) Italy United Kingdom 7,6 37,9 47,9 No 337 / 79 (4), as last amended by Regulation (EEC) No 775 / 85 (5), are respected ; whereas those — in containers holding Il more than two litres : Il provisions apply to imports under these quotas ; Benelux 13,6 13,9 10,3 Denmark 6,7 6.0 5,9 Germany 13,3 14.9 15,5 — — — Greece O OJ No L 348 , 31 . 12 . 1979 , p . 44 . France 55,6 52.7 56,3 Ireland — — — O OJ No L 301 , 31 . 12 . 1972 , p . 165 . — — — Italy O OJ No L 236 , 21 . 8 . 1981 , p . 1 . United Kingdom 10,8 12,5 12,0 O OJ No L 54, 5 . 3 . 1979 , p . 1 . O OJ No L 88 , 28 . 3 . 1985 , P . 1 .

No L 150/ 34 Official Journal of the European Communities 8 . 6. 85

Whereas , in view of these data and the estimates reserve, to prevent a part of any Community quota submitted by certain Member States, initial quota from remaining unused in one Member State when it shares my be fixed approximately at the following could be used in others ; percentages : Whereas , since the Kingdom of Belgium, the Madeira wines in containers holding : Kingdom of the Netherlands and the Grand Duchy Member States of Luxembourg are united within and jointly two litres more than represented by the Benelux Economic Union, any or less two litres operation relating to the administration of shares allocated to that economic union may be carried out Benelux 36,6 12,5 by any one of its members, Denmark 6.3 6,2 Germany 6,0 14,4 HAS ADOPTED THIS REGULATION : Greece 0,8 0,1 France 1.4 54,9 Ireland 0,4 0,1 Article 1 Italy 17,9 0,1 1 . From 1 July 1985 to 30 June 1986 , Community United Kingdom 30,6 11,7 tariff quotas shall be opened in the Community for products originating in Portugal within the limits set out below :

(hectolitres) Whereas, in order to take into account import trends CCT Quota for the products concerned in the various Member Description heading No amount States, the quota volumes should be divided into two instalments , the first being shared among the Member ex 22.05 C III a) 1 States and the second constituting a reserve to cover 4 050 ex 22.05 C IV a) 1 ^ Madeira wines at a later date the requirements of the Member States ex 22.05 C III b) 1 which have used up their initial quota shares ; 14 500 ex 22.05 C IV b) 1 ^ Madeira wines whereas, in order to give importers in each Member State a certain degree of security, the first instalment of the Community quotas should, under the present circumstances, be fixed at 90 % of each of the quota 2 . The Common Customs Tariff duties on wines volumes ; imported within these tariff quotas shall be suspended at the rates set out below :

(ECU/hl) CCT Whereas the Member States' initial shares may be Rate of duty heading No used up at different times ; whereas, in order to take this fact into account and avoid any break in ex 22.05 C III a) 1 6,5 continuity, any Member State which has almost used ex 22.05 C IV a) 1 7,0 up its initial share should draw an additional share ex 22.05 C III b) 1 6,6 from the corresponding reserve ; whereas this must be ex 22.05 C IV b) 1 7,2 done by each Member State as and when each of its additional shares is almost used up, and repeated as many times as the reserve allows ; whereas the initial and additional shares must be valid until the end of Within these tariff quotas , Greece shall apply customs the quota period ; whereas this method of adminis­ duties calculated in accordance with the relevant tration requires close cooperation, between Member provisions of the 1979 Act of Accession and of Regu­ States and the Commission, and the latter must be in lation (EEC) No 2370 / 81 . a position to monitor the extent to which the quota volumes have been used up and to inform Member States thereof ; 3 . The wines shall benefit from these tariff quotas only if Article 18 (3) and (4) of Regulation (EEC) No 337/ 79 is respected .

Whereas if, at a given date in the quota period , a Article 2 substantial quantity of an initial share remains unused in any Member State it is essential that that Member 1 . The tariff quotas referred to in Article 1 shall be State should return a significant proportion to the divided into two instalments .

8.6.85 No L 150 / 35 Official Journal of the European Communities

2 . A first instalment of each quota shall be shared believe that they might not be used up. It shall inform among the Member States ; the respective shares, the Commission of its reasons for applying this which subject to Article 5 shall be valid until 30 June paragraph . 1986 shall be as follows :

(hectolitres) Article 4 Madeira wines under subheadings : 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 1 335 1 635 Denmark 230 810 The Member States shall return to the reserve, not later than 1 April 1986 , such unused portion of their Germany 220 1 880 initial share as , on 15 March 1986, is in excess of Greece 30 15 20 % of the initial volume . They may return a larger France 50 7 180 quantity if there are grounds for believing that it Ireland 15 15 might not be used. Italy 655 15 United Kingdom 1 115 1 530 The Member States shall , not later than 1 April 1986, notify the Commission of the total quantities of the Total 3 650 13 080 products concerned imported up to 15 March 1986 and charged against the Community quotas and of any quantities returned to the reserve .

3 . The second instalment of each quota, 400 and 1 420 hectolitres respectively, shall constitute, the Article 6 reserve . The Commission shall keep an account of the shares Article 3 opened by the Member States pursuant to Articles 2 and 3 and shall , as soon as it is notified, inform each 1 . If 90 % or more of one of a Member State's State of the extent to which the reserves have been initial shares as specified in Article 2 (2), or of that used up. share minus the portion returned to the reserve, where Article 5 is applied, has been used up, then , to It shall, not later than 5 April 1986, inform the the extent permitted by the amount of the reserve, Member States of the amount in each reserve after that Member State shall forthwith, by notifying the the return of quantities pursuant to Article 5 . Commission, draw a second share equal to 10 % of its initial share, rounded up where necessary to the next unit. The Commission shall ensure that any drawing which uses up any reserve is limited to the balance available 2 . If, after one of its initial shares has been used and , to this end, shall specify the amount thereof to up, 90 % or more of the second share drawn by a the Member State which makes the final drawing. 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 Article 7 down in paragraph 1 , draw a third share equal to 1 . The Member States shall take all measures 5 % of its initial share, rounded up where necessary to the next unit. necessary to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that 3 . If, after one of its second shares has been used imports may be charged without interruption against up, 90 % or more of the third share drawn by a their accumulated shares of the Community tariff Member State has been used up, that Member State quotas . shall , in accordance with the conditions laid down in paragraph 1 , draw a fourth share equal to the third . 2 . The Member States shall ensure that importers This process shall continue until the reserve is used of the products concerned have free access to the shares allocated to them . up . 4 . By way of derogation from paragraphs 1 , 2 and 3 , a Member State may draw shares smaller than 3 . The extent to which a Member State has used those fixed in those paragraphs if there is reason to up its shares shall be determined on the basis of the

No L 150 / 36 Official Journal of the European Communities 8.6.85

Article 9 imports of the products concerned originating in Portugal and entered with customs authorities for The Member States and the Commission shall free circulation . cooperate closely in order to ensure that this Regu­ lation is complied with. Article 8

At the Commission's request Member States shall Article 10 inform it of imports of the products concerned actually charged against their shares . 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