31986R4012

No L 374 / 16 Official Journal of the European Communities 31 . 12 . 86

COUNCIL REGULATION ( EEC) No 4012 / 86 of 16 December 1986

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 ( 1987 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , 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 ; Having regard to the Treaty establishing the European Economic Community , and in particular Article 113 thereof,

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 Having regard to the proposal from the Commission , circumstances the quota volumes should be allocated in initial shares , taking into account demand for these products on the markets of the various Member States ; Whereas Article 21 of the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia ( l ) provides that plum spirit marketed under the name Sljivovica , falling within Whereas , in order to take into account import trends for subheading ex 22.09 C IV a ) of the Common Customs the products concerned in the various Member States , the Tariff and originating in Yugoslavia , shall be imported into quota amount should be divided into two instalments, the the Community at customs duties of 0,3 ECU per hectolitre first being shared among the Member States and the second per % volume of alcohol plus 3 ECU per hectolitre , within constituting a reserve to cover at a later date the the limits of an annual Community tariff quota of 5 420 requirements of the Member States which have used up hectolitres ; whereas these goods must be accompanied by a their initial quota shares ; whereas , in order to give certificate of authenticity ; whereas the tariff quota in importers in each Member State a certain degree of question should be opened for 1987 ; security , the first instalment of the Community quota should under the circumstances be fixed at 75% of the quota volume ; Whereas , since a Protocol as provided for in Articles 179 und 366 of the Act of Accession of Spain and Portugal does not exist, the Community must take the measures referred to in Articles 180 and 367 of that Act ; whereas the tariff Whereas the Member States' initial shares may be used up measure concerned will , therefore , apply to the at different times ; whereas , in order to take this fact into Community as constituted on 31 December 1985 ; account and avoid any break in continuity , any Member State which has almost used up its initial quota share should draw an additional share from the reserve; whereas this must be done by each Member State as and when each Whereas it is in particular necessary to ensure for all of its additional shares is almost used up , and repeated as Community importers equal and uninterrupted access to many times as the reserve allows ; whereas the initial and the abovementioned quota and uninterrupted application additional shares must be valid until the end of the quota of the rate laid down for that quota to all imports of the period ; whereas this method of administration requires products concerned into all Member States until the quota close cooperation between the Member States and the has been used up ; whereas , having regard to the above Commission , and the latter must be in a position to principles , the Community nature of the quota can be monitor the extent to which the quota volume has been respected by allocating the Community tariff quota among used up and to inform the Member States thereof; the Member States ; whereas , in order to reflect as accurately as possible the true trend of the market in the products in question , such allocation should be in

Whereas if, at a given date in the quota period , a substantial quantity remains unused in any Member State, it is essential that that Member State should return a (') OJ No L 41 , 14 . 2 . 1983 , p. 2 . significant proportion to the reserve to prevent a part of

31 . 12 . 86 Official Journal of the European Communities No L 374 / 17

any tariff quota from remaining unused in one Member HAS ADOPTED THIS REGULATION : State when it could be used in others ;

Whereas , since the Kingdom of Belgium , the Kingdom of Article 1 the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux 1 . From 1 January to 31 December 1987 the Common Economic Union , any operation relating to the Customs Tariff duty in the Community , as constituted on administration of the quota shares allocated to that 31 December 1985 , on the following products , shall be economic union may be carried out by any of its suspended at the level and within the limits of a members , Community tariff quota as shown herewith :

Amount of Tariff Order No CCT heading No Description tariff quota quota ( hectolitre ) duty

09.1503 ex 22.09 C IV a ) Plum spirit , marketed under the name Sljivovica in 5 420 0,3 ECU per containers holding two litres or less , originating in hectolitre Yugoslavia per % volume of alcohol plus 3 ECU per hectolitre

2 . Such goods , when imported , shall be accompanied by a share equal to 15% of its initial share , rounded up where certificate . of authenticity , issued by the competent necessary to the next unit . Yugoslav authority , conforming with the model annexed to this Regulation . 2 . If, after its initial share has been used up , 90% or more of the second share drawn by a Member State has been used up , then that Member State shall , in accordance with Article 2 the conditions laid down in paragraph 1 , draw a third share equal to 7,5% of its initial share. 1 . A first instalment amounting to 4 050 hectolitres of the Community tariff quota referred to in Article 1 , shall be 3 . If, after its second share has been used up , 90% or allocated among the Member States ; the shares which , subject to Article 5 , shall be valid until 31 December 1987 , more of the third share drawn by a Member State has been shall be as follows : used up , that Member State shall , in accordance with the conditions laid down in paragraph 1 , draw a fourth share equal to the third . (hectoliters) Benelux 200 Denmark 100 This process shall continue until the reserve is used up . Germany 3 725 Greece 5 France 5 4 . By way of derogation from paragraphs 1 , 2 and 3 , a Ireland 5 Member State may draw shares smaller than those fixed in Italy 5 those paragraphs if there are grounds for believing that United Kingdom 5 they might not be used up . It shall inform the Commission of its reasons for applying this paragraph .

2 . The second instalment amounting to 1 370 hectolitres shall constitute the reserve . Article 4

The additional shares drawn pursuant to Article 3 shall be valid until 31 December 1987 . Article 3

1 . If 90% or more of a Member State's initial share as specified in Article 2 ( 1 ), or 90% of that share minus the Article 5 portion returned to the reserve where Article 5 has been applied , has been used up , then , to the extent permitted by The Member States shall return to the reserve , not later the amount of the reserve , that Member State shall than 1 October 1987 , such unused portion of their initial forthwith , by notifying the Commission , draw a second share as , on 15 September 1987 , is in excess of 20% of the

No L 374 / 18 Official Journal of the European Communities 31 . 12 . 86

initial volume . They may return a larger quantity if there without interruption against their accumulated shares of are grounds for believing that this quantity may not be the tariff quota . used . 2 . The Member States shall ensure that importers of the The Member States shall notify the Commission , not later products in question have free access to the shares allocated than 1 October 1987 , of the total quantities of the products to them . in question imported up to 15 September 1987 and charged against the tariff quota and of any quantity of the initial 3 . The Member States shall charge the imports of the shares returned to the reserve . products concerned against their shares as and when the products are entered with customs authorities for free circulation . Article 6 4 . The extent to which a Member State has used up its The Commission shall keep an account of the shares share shall be determined on the basis of the imports opened by the Member States pursuant to Articles 2 and 3 charged in accordance with paragraph 3 . and , as soon as it is notified , shall inform each Member State of the extent to which the reserve has been used up . Article 8 It shall inform the Member States , not later than 5 October 1987 , of the amount in the reserve after quantities have At the Commission's request, the Member States shall been returned thereto pursuant to Article 5 . inform it of imports actually charged against their shares . It shall ensure that the drawing which exhausts the reserve does not exceed the balance available and , to this end , shall Article 9 notify the amount of the balance to the Member State making the last drawing . The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . Article 7

1 . The Member States shall take all measures necessary to Article 10 ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be charged This Regulation shall enter into force on 1 January 1987 .

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

Done at Brussels , 16 December 1986 .

For the Council

The President

G. HOWE

ANEXO — BILAG — ANHANG — ΠΑΡΑΡΤΗΜΑ — ANNEX — ANNEXE — ALLEGATO — BIJLAGE — ANEXO

1 Exporter (name, full address , country) 2 No ORIGINAL Exportateur (nom, adresse complète , pays) 3 Quota year 4 Country of destination Année contingentaire 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 data of shipment — Means of transport CERTIFICAT D'AUTHENTICITÉ Lieu et date d'embarquement — Moyen de transport Plum spirit 'Šljivovica' Eau-de-vie de prunes «Šljivovica»

( 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 «w vol of 11 Litres Marques et numéros — Nombre et nature des colis alcohol Litres <tovol d'alcool

12 <M> vol of alcohol and litres (in words) Wo 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 'Šljivovica' described in this certificate corresponds with the definition given on the reverse. Je certifie que l'eau-de-vie de prunes «Šljivovica» décrite dans ce certificat correspond à la définition figurant au verso.

Place Oate 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 .

DÉFINITION Eau-de-vie de prunes ayant un titre alcoométrique égal ou supérieur à 40 % vol, commercialisée sous la dénomination ŠLIVOVICA 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 .