31985R3387

No L 327 / 4 6 . 12 . 85 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 3387 / 85

of 18 November 1985

opening, allocating and providing for the administration of a Community tariff quota for 'Sljivovica' plum spirit falling within subheading ex 22.09 C IV a) of the Common Customs Tariff and originating in Yugoslavia ( 1986 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas , in this case , however , neither Community nor national statistics are available and no reliable estimates of future imports can be made ; whereas in these circumstances the quota volumes should be allocated in Having regard to the Treaty establishing the European initial shares , taking into account demand for these Economic Community , and in particular Article 113 products on the markets of the various Member States ; thereof,

Having regard to the proposal from the Commission , Whereas , in order to take into account import trends for the products concerned in the various Member States , the quota amount should be divided into two instalments, the first being shared among the Member States and the second Whereas Article 21 of the Cooperation Agreement between constituting a reserve to cover at a later date the the European Economic Community and the Socialist requirements of the Member States which have used up Federal Republic of Yugoslavia on trade and trade their initial quota shares ; whereas , in order to give cooperation ( J ) provides that plum spirit , marketed under importers in each Member State a certain degree of the name Sljivovica , falling within subheading ex 22.09 C security , the first instalment of the Community quota IV a ) of the Common Customs Tariff and originating in should under the circumstances be fixed at 75% of the Yugoslavia shall be imported into the Community at quota volume ; customs duties of 0,3 ECU per hectolitre per % volume of alcohol plus 3 ECU per hectolitre , within the limits of an annual Community tariff quota of 5 420 hectolitres ; whereas these goods must be accompanied by a certificate of authenticity ; whereas the tariff quota in question should Whereas the Member States' initial shares may be used up be opened for 1986 ; at different times ; whereas , in order to take this fact into account and avoid any break in continuity , any Member State which has almost used up its initial quota share Whereas , in the absence of a Protocol such as that provided should draw an additional share from the reserve ; whereas for in Articles 179 and 366 of the Act of Accession of Spain this must be done by each Member State as and when each and Portugal , the Community must take the measures of its additional shares is almost used up , and repeated as referred to in Articles 180 and 367 of the said Act ; whereas many times as the reserve allows ; whereas the initial and the tariff measure in question therefore applies to the additional shares must be valid until the end of the quota Community of Ten ; period ; whereas this method of administration requires close cooperation between the Member States and the Commission , and the latter must be in a position to Whereas it is in particular necessary to ensure for all monitor the extent to which the quota volume has been Community importers equal and uninterrupted access to used up and to inform the Member States thereof; the abovementioned quota and uninterrupted application of the rate laid down for that quota to all imports of the products concerned into all Member States until the quota has been used up ; whereas , having regard to the above Whereas if, at a given date in the quota period , a principles , the Community nature of the quota can be substantial quantity remains unused in any Member State , respected by allocating the Community tariff quota among it is essential that that Member State should return a the Member States ; whereas , in order to reflect as significant proportion to the reserve to prevent a part of accurately as possible the true trend of the market in the any tariff quota from remaining unused in one Member products in question , such allocation should be in State when it could be used in others ; proportion to the requirements of the Member States , calculated by reference to the statistics for imports from Yugoslavia over a representative reference period and also to the economic outlook for the quota period in question ; Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union , any operation relating to the (>) OJ No L 41 , 14 . 2 . 1983 , p. 1 . administration of the quota shares allocated to that

6 . 12 . 85 No L 327 / 5 Official Journal of the European Communities

economic union may be carried out by any of its used up , then that Member State shall , in accordance with members , the conditions laid down in paragraph 1 , draw a third share equal to 7,5 % of its initial share .

3 . If, after its second share has been used up , 90% or HAS ADOPTED THIS REGULATION : more of the third share drawn by a Member State has been used up , that Member State shall , in accordance with the conditions laid down in paragraph 1 , draw a fourth share Article 1 equal to the third .

1 . From 1 January to 31 December 1986 a Community This process shall continue until the reserve is used up . tariff quota of 5 420 hectolitres shall be opened in the Commifriity of Ten for plum spirit marketed under the 4 . By way of derogation from paragraphs 1 , 2 and 3 , a name Sljivovica , in containers holding two litres or less , Member State may draw shares smaller than those fixed in falling within subheading ex 22.09 C IV a ) of the Common those paragraphs if there are grounds for believing that Customs Tariff and originating in Yugoslavia . they might not be used up . It shall inform the Commission of its reasons for applying this paragraph . 2 . Within the limits of this tariff quota the Common Customs Tariff duty applicable to these products shall be suspended at 0,3 ECU per hectolitre per % volume of alcohol plus 3 ECU per hectolitre .

Article 4 3 . Such goods , when imported , shall be accompanied by a certificate of authenticity , issued by the competent The additional shares drawn pursuant to Article 3 shall be Yugoslav authority , conforming with the model annexed to valid until 31 December 1986 . this Regulation .

Article 2 Article 5 1 . A first instalment amounting to 4 060 hectolitres of the Community tariff quota referred to in Article 1 , shall be The Member States shall return to the reserve , not later allocated among the Member States ; the shares which , than 1 October 1986 , such unused portion of their initial subject to Article 5 , shall be valid until 31 December 1986 share as , on 15 September 1986 , is in excess of 20% of the shall be as follows : initial volume . They may return a larger quantity if there are grounds for believing that this quantity may not be (hectoliters) used . Benelux 200 Denmark 100 3 735 The Member States shall notify the Commission , not later Germany Greece 5 than 1 October 1986 , of the total quantities of the products France 5 in question imported up to 15 September 1986 and charged Ireland 5 against the tariff quota and of any quantity of the initial shares returned to the reserve . 5 Italy United Kingdom 5

2 . The second instalment amounting to 1 360 hectolitres shall constitute the reserve . Article 6

The Commission shall keep an account of the shares Article 3 opened by the Member States pursuant to Articles 2 and 3 and , as soon as it is notified , shall inform each Member 1 . If 90% or more of a Member State's initial share as State of the extent to which the reserve has been used up . specified in Article 2 ( 1 ), or 90% of that share minus the portion returned to the reserve where Article 5 has been It shall inform the Member States , not later than 5 October applied , has been used up , then , to the extent permitted by 1986 , of the amount in the reserve after quantities have the amount of the reserve , that Member State shall been returned thereto pursuant to Article 5 . forthwith , by notifying the Commission , draw a second share equal to 15% of its initial share , rounded up where necessary to the next unit . It shall ensure that the drawing which exhausts the reserve does not exceed the balance available and , to this end , 2 . If, after its initial share has been used up , 90 % or more notify the amount of the balance to the Member State of the second share drawn by a Member State has been making the last drawing .

No L 327 / 6 6 . 12 . 85 Official Journal of the European Communities

Article7¶

1 . The Member States shall take all measures necessary to At the Commission's request , the Member States shall ensure that additional shares drawn pursuant to Article 3 inform it of imports actually charged against their shares . are opened in such a way that imports may be charged without interruption against their accumulated shares of the tariff quota .

2 . The Member States shall ensure that importers of the Article 9 products in question have free access to the shares allocated to them . The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . 3 . The Member States shall charge the imports of the products concerned against their shares as and when the products are entered with customs authorities for free circulation .

Article 10 4 . The extent to which a Member State has used up its share shall be determined on the basis of the imports charged in accordance with paragraph 3 . This Regulation shall enter into force on 1 January 1986 .

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

Done at Brussels , 18 November 1985 .

For the Council

The President

M. FISCHBACH

BILAG - ANHANG - ΠΑΡΑΡΤΗΜΑ - ANNEX - ANNEXE - ALLEGATO - BIJLAGE

1 Exporter (name , full address , country) 2 No ORIGINAL Exportateur (nom, adresse complète , pays) 3 Quota year 4 Country of destination Année contingentare Pays de destination

6 Issuing authority 5 Consignee (name , full address , country) Organisme émetteur Destinataire (nom, adresse complète , pays)

7 CERTIFICATE OF AUTHENTICITY 8 Place and date of shipment — Means of transport CERTIFICAT D'AUTHENTICITÉ Lieu et date d'embarquement — Moyen de transport Plum spirit 'èljivoyica' Eau-de-vie de prunes «Sljivovica»

(CCT subheading ex 22 09 C IV a )) [Sous-position du TDC : ex 22.09 C IV a)]

9 Marks and numbers — Number and kind of packages 10 4b vol of 11 Litres Marques et numéros — Nombre et nature des colis alcohol Litras 4b vol d'alcool

12 Oto vol of alcohol and litres ( in words) <Vb vol d'alcool et litres (en lettres )

13 CERTIFICATE BY THE ISSUING AUTHORITY — VISA DE L'ORGANISME ÉMETTEUR I hereby certify that the plum spirit 'Sljivovica' described in this certificate corresponds with the definition given on the reverse. Je certifie que l'eau-de-vie de prunes «Sljivovica» décrite dans ce certificat correspond à la définition figurant au verso.

Place Date Lieu Date

(Stamp and signature) (Cachet et signature)

DEFINITION Plum spirit with an alcoholic strength of 40 % vol or more, marketed under the name ŠLJIVOVICA, corresponding to the specifications laid down in the Regulation relating to the quality of spirituous beverages, published in the Official Journal of the Socialist Federal Republic of Yugoslavia on 7 October 1971 .

DEFINITION Eau-de-vie de prunes ayant un titre alcoométrique égal ou supérieur à 40 % vol, commercialisée sous la dénomination ŠLJIVOVICA correspondant à la spécification reprise dans la réglementation relative à la qualité des boissons alcooliques publiée au Journal officiel de la république socialiste fédérative de Yougoslavie le 7 octobre 1971 .