31985R1527

8.6.85 No L 150 / 37 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 1527/85

of 23 May 1985

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

THE COUNCIL OF THE EUROPEAN application of the rates laid down for these quotas to COMMUNITIES, all imports of the products concerned into all Member States until the quotas have been used up ; Having regard to the Treaty establishing the whereas, having regard to the above principles, the European Economic Community, and in particular Community nature of the quotas can be respected by Article 113 thereof, allocating the Community tariff quota among the Member States ; whereas, in order to reflect as Having regard to the proposal from the Commission, accurately as possible the true trend of the market in the products concerned, such allocation should be in Whereas Article 9 of the Supplementary Protocol (') proportion to the requirements of the Member States, to the Agreement between the European Economic calculated by reference to the statistics of each State's Community and the Portuguese Republic (2), imports from Portugal over a representative reference completed by Council Regulation (EEC) No 2370 /81 period and also to the economic outlook for the of 27 July 1981 laying down the arrangements quota period concerned ; applicable to trade between Greece and Portugal (J), provides that customs duties on imports into the Community of certain wines originating in Portugal shall be reduced : Whereas available Community statistics give no infor­ mation on the situation of Setubal muscatel wines on — by 60 % in the case of the duties applicable to the markets ; whereas, however, Portuguese statistics Setubal muscatel wines falling within subheadings for exports of these products to the Community ex 22.05 C III a) 1 and ex 22.05 C IV a) 1 of the during the past three years can be considered to Common Customs Tariff, up to a total annual reflect approximately the situation of Community tariff quota of 2 000 hectolitres, imports ; whereas, on this basis, the corresponding imports by each of the Member States for the past — by 50 % in the case of the duties applicable to three years represent the following percentages of the Setubal muscatel wines falling within subheadings imports into the Community from Portugal of the ex 22.05 C III b) 1 and ex 22.05 C IV b) 1 of the products concerned : Common Customs Tariff, up to a total annual tariff quota of 1 000 hectolitres ;

Whereas Portugal has given an assurance that the 1981 1982 1983 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 Setubal muscatel wines : \ wines covered by those tariff quotas should be treated — in containers holding \li in the same manner as wines granted preferential two litres or less : II\ tariff concessions, provided the free-at-frontier Benelux 29 47 13 reference price is observed ; whereas such wines Denmark 11 9 13 — — — benefit from the tariff concessions only if the Germany Greece — — — provisions of Article 18 of Council Regulation ( EEC) — — France 2 No 337/ 79 (4), as last amended by Regulation (EEC) Ireland — — — — 2 — No 775 / 85 (s), are respected ; whereas those Italy 60 40 74 provisions apply to imports under those quotas ; United Kingdom — in containers holding IIl Whereas it is in particular necessary to ensure for all more than two litres : ; Il Benelux — — Community importers equal and uninterrupted access Denmark — — — to the abovementioned quotas and uninterrupted — — — Germany Greece — — — France — — — (») OJ No L 348 , 31 . 12 . 1979, p. 44 . Ireland — — — O OJ No L 301 , 31 . 12 . 1972 , p . 165 . — — — Italy O OJ No L 236, 21 . 8 . 1981 , p. 1 . — — United Kingdom O OJ No L 54, 5 . 3 . 1979, p. 1 . (5) OJ No L 88 , 28 . 3 . 1985 , p . 1 .

No L 150/ 38 Official Journal of the European Communities 8.6.85

Whereas, in view of these factors 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 may be fixed approximately at the following could be used in others ; percentages : Whereas, since the Kingdom of Belgium, the Setubal muscatel wines in Kingdom of the Netherlands and the Grand Duchy containers holding : of Luxembourg are united within and jointly Member States represented by the Benelux Economic Union, any two litres more than operation relating to the administration of the quota or less two litres shares allocated to that economic union may be Benelux carried out by any one of its members, 25 20 Denmark 11 5 HAS ADOPTED THIS REGULATION : 1 20 Germany Greece 1 1 Article 1 France 5 20 Ireland 1 5 1 . From 1 July 1985 to 30 June 1986 Community Italy 1 9 tariff quotas shall be opened in the Community for United Kingdom 55 20 products originating in Portugal and 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 amount heading No States, each of the quota volumes should be divided into two instalments, the first being shared among the \ Setubal ex 22.05 C III a) 1 2 000 Member States and the second constituting a reserve ex 22.05 C IV a) 1 j muscatel wines to cover at a later date requirements of Member ex 22.05 C III b) 1 \ Setubal 1 000 States which have used up their initial quota shares ; ex 22.05 C IV b) 1 j muscatel wines whereas, in order to give importers in each Member State a certain degree of security, the first instalment of the Community quota should, under the present 2 . The Common Customs Tariff duties on wines circumstances, be fixed at 50 % of each of the quota imported within these tariff quotas shall be suspended volumes : at the rates set out below :

(ECU/bl) CCT Rate of duty heading No Whereas the Member States' initial shares may be used up at different times ; whereas , in order to take ex 22.05 C III a) 1 6.5 this fact into account and avoid any break in ex 22.05 C IV a) 1 7,0 continuity, any Member State which has almost used ex 22.05 C III b) 1 6.6 up its initial quota shares should draw an additional ex 22.05 C IV b) 1 7,2 share from the corresponding reserve ; whereas this must be done by each Member State as and when each of its additional shares is almost used up, and Within these tariff quotas, Greece shall apply customs repeated as many times as the reserve allows ; whereas duties calculated in accordance with the relevant the initial and additional shares must be valid until provisions of the 1979 Act of Accession and of Regu­ the end of the quota period ; whereas this method of lation (EEC) No 2370/ 81 . administration requires close cooperation between Member States and the Commission, and the latter 3 . The wines shall benefit from these tariff quotas must be in a position to monitor the extent to which only if Article 1 8 (3) and (4) of Regulation (EEC) No the quota volumes have been used up and to inform 337 / 79 is respected. the Member States thereof ;

Article2¶

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

8.6 . 85 No L 150/ 39 Official Journal of the European Communities

shares , which subject to Article 5 shall be valid until believe that these might not be used up. It shall 30 June 1986, shall be as follows : inform the Commission of its reasons for applying this paragraph . (hectolitres) I Setubal muscatei wines under Article 4 subheadings : Member States ex 22.05 C III a) 1 ex 22.05 C III b) 1 Additional shares drawn pursuant to Article 3 shall be and and valid until 30 June 1986. ex 22.05 C IV a) 1 ex 22.05 C IV b) 1

Benelux 250 100 Article 5 Denmark 110 25 The Member States shall return to the reserve, not Germany 10 100 later than 1 April 1986, such unused portion of their Greece 10 5 initial share as , on 15 March 1986 , is in excess of France 50 100 20 % of the initial volume. They may return a larger Ireland 10 25 quantity if there are grounds for believing that it may not be used . 10 45 Italy United Kingdom 550 100 The Member States shall , not later than 1 April 1986, Total 1 000 500 notify the Commission of the total quantities of the products in question imported up to 15 March 1986 and charged against the Community quotas and of 3 . The second instalment of each quota, 1 000 and any quantities of the initial shares returned to each reserve . 500 hectolitres respectively, shall constitute the reserve . Article 6 Article 3 The Commission shall keep an account of the shares 1 . If 90 °/o or more of the Member State's initial opened by the Member States pursuant to Articles 2 share as specified in Article 2 (2), or of that share and 3 and shall , as soon as it is notified, inform each Member State of the extent to which the reserve has minus the portion returned to the reserve where Article 5 is applied , has been used up, then, to the been used up. extent permitted by the amount of the reserve , that Member State shall forthwith, by notifying the It shall inform the Member States , not later than Commission, draw a second share equal to 10 % of 5 April 1986, of the amount of each reserve after its initial share, rounded up where necessary to the quantities have been returned pursuant to Article 5 . next unit .

The Commission shall ensure that any drawing which 2 . If, after one of its initial shares has been used uses up the reserve is limited to the balance available up, 90 % or more of the second share drawn by a and to this end shall indicate the amount thereof to Member State has been used up, then , to the extent the Member State which makes such last drawing. permitted by the amount of the reserve, that Member State shall , in accordance with the conditions laid down in paragraph 1 , draw a third share equal to Article 7 5 % of its initial share, rounded up where necessary to the next unit. 1 . The Member States shall take all measures 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 quotas. 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. 2 . The Member States shall ensure that importers of the products in question established in their This process shall continue until the reserve is used territory have free access to the shares allocated to them . up .

4 . By way of derogation from paragraphs 1 , 2 and 3 . The extent to which a Member State has used 3 , a Member State may draw shares smaller than up its shares shall be determined on the basis of those fixed in those paragraphs if there is reason to imports of the products in question originating in

No L 150 / 40 8.6.85 Official Journal of the European Communities

Portugal and entered with the customs authorities for Article 9 free circulation . The Member States and the Commission shall cooperate closely in order to ensure that this Regu­ Article 8 lation is complied with . At the request of the Commission the Member States Article 10 shall inform it of imports of the products concerned actually charged against their shares . This Regulation shall enter into force on I 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