31985R3671

30 . 12 . 85 No L 354 / 25 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 3671 / 85 of 20 December 1985

opening, allocating and providing for the administration of a Community tariff quota for certain wines having a registered designation of origin, falling within subheading ex 22.05 C of the Common Customs Tariff and originating in Yugoslavia ( 1986)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , products concerned into the Member States until the quota has been used up ; whereas , having regard to the above principles , the Community nature of the quota can be respected by allocating the Community tariff quota among Having regard to the Treaty establishing the European the Member States ; whereas , in order to reflect most Economic Community , and in particular Article 113 accurately the actual development of the market in the thereof, products in question , such allocation should be in proportion to the requirements of the Member States , assessed by reference to both the statistics relating to Having regard to the proposal from the Commission , imports of the said products from Yugoslavia over a representative reference period and the economic outlook for the quota period concerned ; Whereas Article 22 of the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia ( ! ) stipulates that certain wines having a registered designation of origin falling Whereas in this case , however , neither Community nor within subheading ex 22.05 C of the Common Customs national statistics showing the breakdown for each of the Tariff, originating in Yugoslavia and specified in the types of wines in question are available and no reliable Agreement in the form of an exchange of letters of 1 8 July estimates of future imports can be made ; whereas in these 1983 , shall be imported into the Community at customs circumstances the quota volumes should be allocated in duties equal to 70 % of the duties of the Common Customs initial shares , taking into account demand for these wines Tariff within the limits of an annual Community tariff on the markets of the various Member States ; quota of 12 000 hectolitres ; whereas these wines must be put in containers holding two litres or less and must be accompanied by a certificate of designation of origin in Whereas , to take into account import trends for the accordance with the model appearing in the Annex to this products concerned in the various Member States , the Regulation ; whereas a tariff quota of 12 000 hectolitres quota amount should be divided into two instalments , the should therefore be opened for the period up to first being allocated among the Member States and the 31 December 1986 ; second held as a reserve intended to cover at a later date the requirements of Member States who have used up their initial share; whereas , in order to guarantee some degree of Whereas the wines in question are subject to compliance security to importers in each Member State , the first with the free-at-frontier reference price ; whereas , in instalment of the Community quota should be fixed at a order that such wines may benefit from this tariff quota , level which could , in the present circumstances , be 85 % of Article 18 of Regulation (EEC) No 337 / 79 ( 2 ), as last the quota volume ; amended by Regulation (EEC ) No 2342 / 84 ( 3 ), must be complied with ; Whereas the initial shares of the Member States may be used up at different rates ; whereas , in order to take this Whereas in the absence of a Protocol as provided for in into account and to avoid a break in continuity, any Articles 179 and 366 of the Act of Accession of Spain and Member State which has used up almost all of its initial Portugal , the Community must take the measures referred share should draw an additional share from the reserve ; to in Articles 180 and 367 of that Act ; whereas the tariff whereas this should be done by each Member State each measure in question applies therefore to the Community of time one of its additional shares is almost used up , and so Ten ; on as many times as the reserve allows ; whereas the initial and additional shares must be valid until end of the quota period ; whereas this form of administration requires close Whereas it is in particular necessary to ensure equal and collaboration between the Member States and the uninterrupted access for all Community importers to the Commission , and the Commission must be in a position to abovementioned quota , and uninterrupted application of follow the extent to which the quota volume has been used the rates laid down for this quota to all imports of the up and inform the Member States thereof;

0 ) OJ No L 41 , 14 . 2 . 1983 , p. 2 . Whereas, if at a given date in the quota period a substantial ( 2 ) OJ NoL 54 , 5 . 3 . 1979 , p. 1 . quantity of its initial share remains unused in any Member ( 3 ) OJ No L 217 , 14 . 8 . 1984 , p. 6 . State , it is essential that it should return a significant

No L 354 / 26 Official Journal of the European Communities 30 . 12 . 85

HAS ADOPTED THIS REGULATION : proportion thereof to the reserve, to prevent part of the Community quota remaining unused in one Member State when it could be used in others ; Article 1

Whereas , since the Kingdom of Belgium , the Kingdom of 1 . From 1 January to 31 December 1986 the Common the Netherlands and the Grand Duchy of Luxembourg are Customs Tariff duties in respect of the import into the united within and jointly represented by the Benelux Community of Ten of the following products originating in Economic Union , all transactions concerning the Yugoslavia shall be suspended at the levels shown below administration of the shares allocated to that economic within the limits of a Community tariff quota of union may be carried out by any one of its members . 12 000 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 : I. Of an actual alcoholic strength by volume not exceeding 13 % vol , in containers , holding: ex a ) Two litres or less : — wines entitled to one of the following designations of origin : — Ljutomersko — Ormoške gorice , Laški Rizling — Ohrid , Merlot — Herzegovina — Mostar: — Žilavka — Blatina — Fruška Gora , Talijanski Rizling — Oplenac , Lipovac — Istra , Merlot — Tikveš : — Krater — Kratoišja — Strednja i južna dalmacija : — Dingač — Kăstelet — Crna Gora , Vranac 10,1 ECU / hl 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 : — wines entitled to one of the following designations of origin : — Ljutomersko — Ormoške gorice , Laški Rizling — Ohrid , Merlot — Herzegovina — Mostar : — Žilavka - — Blatina — Fruška Gora , Talijanski Rizling — Oplenac , Lipovac — Istra , Merlot — Tikveš : — Krater — Kratoišja — Srednja i južna dalmacija : — Dingač — Kăstelet — Crna Gora , Vranac 11,8 ECU / hl

30 . 12 . 85 Official Journal of the European Communities No L 354 / 27

2 . The wines in question shall be subject to compliance This process shall continue to apply until the reserve is used with the free-at-frontier reference price . In order that such up . wines may benefit from this tariff quota , Article 18 of Regulation (EEC ) No 337 / 79 must be complied with . 4 . Notwithstanding paragraphs 1 , 2 and 3 , Member j States may draw smaller shares than those fixed in these paragraphs if there is reason to believe that those fixed 3 . Each of these wines , when imported , shall be might not be used up . They shall inform the Commission accompanied by a certificate of designation of origin, of their grounds for applying this paragraph . issued by the relevant Yugoslavian authority , in accordance with the model annexed to this Regulation .

Article4¶

Article 2 The additional shares drawn pursuant to Article 3 shall be valid until 31 December 1986 . 1 . The Community tariff quota referred to in Article 1 shall be divided into two instalments .

Article 5 2 . A first instalment , amounting to 10 200 hectolitres shall be allocated among the Member States; the shares , which subject to Article 5 shall be valid until 31 December Member States shall return to the reserve , not later than 1986 , shall be as follows : 1 October 1986 , the unused portion of their initial shares which on 15 September 1986 is in excess of 20 % of the (hectolitres) initial amount . They may return a greater quantity if there Benelux 330 are grounds for believing that this quantity might not be used in full . Denmark 2 510 Germany 5 770 Greece 10 Member States shall notify the Commission , not later than France 100 1 October 1986 , of the total imports of the products Ireland 30 concerned effected under the Community quotas up to and Italy 110 including 15 September 1986 and , where appropriate , the United Kingdom 1 340 proportion of their initial share that they are returning to the reserve . 3 . The second instalment , amounting to 1 800 hectolitres , shall constitute the reserve.

Article6¶

Article 3 The Commission shall keep an account of the shares opened by Member States pursuant to Articles 2 and 3 and , 1 . If 90 % or more of a Member State's initial share , as as soon as it has been notified , shall inform each Member specified in Article 2 ( 2 ), or of that share less the portion State of the extent to which the reserve has been used up . returned to the reserve where Article 5 has been applied , has been used up , that Member State shall , without delay , by notifying the Commission , draw a second share equal to It shall notify the Member States , not later than 5 October 15 % of its initial share , rounded up where necessarry to the 1986 , of the state of the reserve after quantities have been next whole number , in so far as the amount in the reserve returned thereto pursuant to Article 5 . allows .

It shall ensure that the drawing which uses up the reserve is 2 . If, after its initial share has been used up , 90 % or limited to the balance available and , to this end , shall more of the second share drawn by a Member State has specify the amount thereof to the Member State making the been used up , that Member State shall , in accordance with final drawing. 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 Article 7 more of the third share drawn by a Member State has been used up , that Member State shall , in accordance with the 1 . Member States shall take all measures necessary to conditions laid down in paragraph 1 , draw a fourth share ensure that additional shares drawn pursuant to Article 3 equal to the third . are opened in such a way that imports may be charged

No L 354 / 28 Official Journal of the European Communities 30 . 12 . 85

Article 8 without interruption against their aggregate shares in the Community quota . At the request of the Commission , Member States shall inform it of imports actually charged against their shares. 2 . Member States shall ensure that importers of the products have free access to the shares allocated to them . Article 9 3 . The Member States shall charge the imports of the The Member States and the Commission shall collaborate products concerned against their shares as and when the products are entered with customs authorities for free closely in order to ensure that this Regulation is circulation . observed .

4 . The extent to which a Member State has used up its Article 10 shares 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 , 20 December 1985 .

For the Council

The President

R. KRIEPS

BILAG — ANHANG — ΠΑΡΑΡΤΗΜΑ — ANNEX — ANNEXE — ALLEGATO — BIJLAGE 1 . Exporter — Exportateur CERTIFICATE OF DESIGNATION OF ORIGIN CERTIFICAT D'APPELLATION D'ORIGINE

YUGOSLAV WINES VINS YOUGOSLAVES

No 000000 2. Consignee — Destinataire 3. ISSUING AUTHORITY - ORGANISME ÉMETTEUR

4. Designation of origin — Appellation d'origine

5. Marks and numbers — Number and kind of packages 6. Gross mass (kg ) 7 . Litres Marques et numéros — Nombre et nature des colis Litres Masse brute (kg)

8. Litres (in words) — Litres (en lettres)

9. CERTIFICATION BY THE ISSUING AUTHORITY - VISA DE L'ORGANISME ÉMETTEUR The wine described in this certificate is wine produced within the wine district of and is considered by Yugoslav legislation as entitled to the designation of origin

Le vin décrit dans le présent certificat a été produit dans la zone viticole de

et est reconnu , suivant la loi yougoslave, comme ayant droit à la dénomination d'origine « .

Place — Lieu : Date — Date : Signature and stamp — Signature et cachet :