31985R3390

No L 327 / 18 6 . 12 . 85 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 3390 / 85

of 18 November 1985

opening, allocating and providing for the administration of a Community tariff quota for liqueur wines falling within subheading ex 22.05 C of the Common Customs Tariff and originating in Cyprus ( 1986 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas , in the absence of a Protocol such as that provided for in Articles 179 and 366 of the Act of Accession of Spain and Portugal , the Community must take the measures referred to in Articles 180 and 367 of the said Act ; whereas Having regard to the Treaty establishing the European the tariff measure in question therefore applies to the Economic Community , and in particular Article 113 Community of Ten ; thereof,

Having regard to the proposal from the Commission , Whereas it is in particular necessary to ensure for all Whereas the Supplementary Protocol to the Agreement Community importers equal and uninterrupted access to establishing an Association between the European the abovementioned quota and uninterrupted application Economic Community and Cyprus ( ! ) came to an end on of the rates laid down for that quota to all imports of the 31 December 1980 ; whereas to avoid interruption of its products concerned into all Member States until the quota trade relations with that country , the Community has made has been used up ; whereas , having regard to the above applicable for 1984 the provisions of the abovementioned principles , the Community nature of the quota can be Protocol in Council Regulation ( EEC ) No 3700 / 83 of respected by allocating the Community tariff quota among the Member States ; whereas , in order to reflect as 22 December 1983 laying down the arrangements applicable to trade with Cyprus ( 2 ); accurately as possible the true trend of the market in the products in question , such allocation should be in proportion to the requirements of the Member States , Whereas , pending the definition of arrangements applicable calculated by reference to the statistics for imports of the beyond 31 December 1984 , it is necessary to extend products in question from Cyprus over a representative provisionally for 1986 the arrangements which the reference period and also to the economic outlook for the Community applies currently to trade with Cyprus on the quota period concerned ; basis of the abovementioned Supplementary Protocol ;

Whereas the abovementioned Supplementary Protocol provides for the opening of an annual Community tariff Whereas , however , neither Community nor national quota of 250 000 hectolitres of liqueur wines , falling statistics showing the breakdown for the products in within subheading ex 22.05 C of the Common Customs question are available and no reliable estimates of future Tariff and originating in Cyprus , at rates of customs duty imports can be made ; whereas , in these circumstances , the equal to 30 % of the Common Customs Tariff; whereas quota should be allocated in initial shares on the basis of this Community tariff quota should be opened for the the likely demand for these products on the markets of the period 1 January to 31 December 1986 ; various Member States ;

Whereas entry under the above Community tariff quota must be conditional on the wines being described as Whereas , in order to take into account import trends for 'liqueur wines' in the V.1.1 document provided for in the products concerned in the various Member States , the Regulation ( EEC ) No 2115 / 76 ( 3 ); quota volume should be divided into two instalments , the first being shared among the Member States and the second Whereas the wines in question are subject to compliance constituting a reserve to cover at a later date the with the free-at-frontier reference price ; whereas , in order requirements of Member States which have used up their that such wines may benefit from this tariff quota , initial quota shares ; whereas , in order to give importers in Article 18 of Regulation ( EEC ) No 337 / 79 ( 4 ), as last each Member State a certain degree of security , the first amended by Regulation (EEC ) No 2342 / 84 ( s ), must be instalment of the Community quota should , under present complied with ; circumstances , be fixed at 85 % of quota volume ;

(') OJ No L 172 , 28 . 6 . 1978 , p. 2 . Whereas the Member States' initial shares may be used up ( 2 ) OJ No L 369 , 30 . 12 . 1983 , p. 1 . at different times ; whereas , in order to take this fact into ( 3 ) OJ No L 237 , 28 . 8 . 1976 , p. 1 . ( 4 ) OJ No L 54 , 5 . 3 . 1979 , p. 1 . account and avoid any break in continuity , any Member ( 5 ) OJ No L 217 , 14 . 8 . 1984 , p. 6 . State which has almost used up its initial share should

6 . 12 . 85 Official Journal of the European Communities No L 327 / 19

draw an additional share from the reserve ; whereas this Whereas, since the Kingdom of Belgium , the Kingdom of must be done by each Member State as and when each of the Netherlands and the Grand Duchy of Luxembourg are its additional shares is almost used up , and repeated as united within and jointly represented by the Benelux many times as the reserve allows ; whereas the initial and Economic Union , any operation relating to the additional shares must be valid until the end of the quota administration of the quota shares allocated to that period ; whereas this method of administration requires economic union may be carried out by any of its close cooperation between the Member States and the members , Commission , and the latter must be in a position to monitor the extent to which the quota volume has been HAS ADOPTED THIS REGULATION : used up and to inform the Member State thereof; Article 1

Whereas , it at a given date in the quota period a substantial 1 . From 1 January to 31 December 1986 , Common quantity remains unused in any Member State , it is Customs Tariff duties , on import into the Community of essential that that Member State should return a significant Ten , in respect of the following products originating in proportion to the reserve , to prevent a part of any Cyprus shall be suspended at the levels shown below within Community quota from remaining unused in one Member the limits of a Community tariff quota of 250 000 State when it could be used in others ; hectolitres :

CCT Rate of heading Description duty No

22.05 Wine of fresh grapes ; grape must with fermentation arrested by the addition of alcohol :

C. Other : II . Of an actual alcoholic strength by volume exceeding 13 % vol but not exceeding 15 % vol , in containers holding : ex a ) Two litres or less : — Liqueur wines of an actual alcoholic strength by volume of 15 % vol 5.0 ECU per hi ex b ) More than two litres : — Liqueur wines of an actual alcoholic strength by volume of 15 % vol 3,9 ECU per hi III . Of an actual alcoholic strength by volume exceeding 15 % vol but not exceeding 18 % vol , in containers h61ding : a ) Two litres or less : ex 2 . Other : — Liqueur wines 6.1 ECU per hi b ) More than two litres : ex 3 . Other : — Liqueur wines 5,0 ECU per hi IV . Of an actual alcoholic strength by volume exceeding 18 % vol but not exceeding 22 % vol , in containers holding : a ) Two litres or less : ex 2 . Other : — Liqueur wines 6,9 ECU per hi b ) More than two litres : ex 3 . Other : — Liqueur wines 6,9 ECU per hi

2 . The admission of these wines under the tariff quota Article 2 shall be conditional on their being described in the V.l.l document provided for in Regulation ( EEC ) No 2115 / 76 1 . The Community tariff quota referred to in Article 1 as 'liqueur wines'. shall be divided into two instalments .

3 . The wines in question shall be subject to compliance 2 . A first instalment, amounting to 212 060 hectolitres , with the free-at-frontier reference price . In order that such shall be allocated among the Member States ; the shares wines shall benefit from this tariff quota Article 18 of which , subject to Article 5 , shall be valid until Regulation ( EEC ) No 337 / 79 must be complied with . 31 December 1986 shall be as follows :

No L 327 / 20 Official Journal of the European Communities 6 . 12 . 85

(hectolitres) are groupds for believing that this quantity may not be Benelux 2 000 used . Denmark 2 000 Germany 4 000 Each Member State shall , not later than 1 October 1986 , Greece 20 notify the Commission of the total quantities of the France 20 products in question imported up to 15 September 1986 Ireland 2 000 and charged against the Community quota and of any Italy 20 quantities of the initial shares returned to the reserve . United Kingdom 202 000

Article 6 3 . The second instalment , amounting to 37 940 hectolitres , shall constitute the reserve . The Commission shall keep an account of the shares opened by Member States in accordance with Articles 2 and 3 and shall , as soon as it is notified , inform each Member State of the extent to which the reserve has been Article 3 used up . 1 . If 90% or more of a Member State's initial share as It shall inform the Member States , not later than 5 October specified in Article 2 ( 2 ), or 90% of that share minus the 1986 , of the amount in the reserve after quantities have portion returned to the reserve where Article 5 is applied , been returned pursuant to Article 5 . has been used up , then to the extent permitted by the amount of the reserve that Member State shall forthwith , The Commission shall ensure that any drawing which by notifying the Commission , draw a second share equal to exhausts the reserve does not exceed the balance available 15 % of its initial share , rounded up where necessary to the next unit . and , to this end , shall indicate the amount thereof to the Member State which makes such last drawing.

2 . If, after one of its initial shares has been used up , 90% or more of the second share drawn by a Member State has Article 7 been used up , then , to the extent permitted by the amount of the reserve , that Member State shall , in accordance with the conditions laid down in paragraph 1 , draw a third 1 . The Member States shall take all measures necessary to share equal to 7,5 % of its unitial share , rounded up where ensure that additional shares drawn pursuant to Article 3 . necessary to the next unit . are opened in such a way that imports may be charged without interruption against their accumulated shares of the Community quota . 3 . If, after its second share has been used up , 90% or more of the third share drawn by a Member State has J^een 2 . The Member States shall ensure that importers of the used up , that Member State shall , in accordance with the products in question have free access to the shares allocated conditions laid down in paragraph 1 , draw a fourth share to them . equal to the third .

3 . The extent to which a Member State has used up its This process shall continue until the reserve is used up . share shall be determined on the basis of imports of the products in question entered with the customs authorities 4 . By way of derogation from paragraphs 1 , 2 and 3 , a for free circulation . Member State may draw shares smaller than those fixed in those paragraphs if there are grounds for believing that they might not be used up . It shall inform the Commission Article 8 of its reasons for applying this paragraph .

At the request of the Commission , the Member States shall inform it of imports of the products concerned actually charged against their shares . Article 4

The additional shares drawn pursuant to Article 3 shall be valid until 31 December 1986 . Article 9

The Member States and the Commission shall cooperate closely in order to ensure that this Regulation is complied with . Article 5

Member States shall return to the reserve , not later than 1 October 1986 , the unused portion of their initial share Article 10 which , on 15 September 1986 , is in excess of 20% of the initial volume . They may return a larger quantity if there This Regulation shall enter into force on 1 January 1986 .

6 . 12 . 85 No L 327 / 21 Official Journal of the European Communities

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