31986R4112
31 . 12 . 86 Official Journal of the European Communities No L 380 / 7
COUNCIL REGULATION ( EEC ) No 4112 / 86 of 22 December 1986
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 ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES , principles , the Community nature of the quota can be respected by allocating the Community tariff quota among the Member States ; whereas , in order to reflect most Having regard to the Treaty establishing the European accurately the actual development of the market in the Economic Community , and in particular Article 113 products in question , such allocation should be in thereof, proportion to the requirements of the Member States , assessed by reference to both the statistics relating to imports of the said products from Yugoslavia over a Having regard to the proposal from the Commission , 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 within subheading ex 22.05 C of the Common Customs Whereas in this case , however , neither Community nor Tariff, originating in Yugoslavia and specified in the national statistics showing the breakdown for each of the Agreement in the form of an exchange of letters of 1 8 July types of wines in question are available and no reliable 1983 , shall be imported into the Community at customs estimates of future imports can be made ; whereas in these duties equal to 70 % of the duties of the Common Customs circumstances the quota volumes should be allocated in Tariff within the limits of an annual Community tariff initial shares , taking into account demand for these wines quota of 12 000 hectolitres ; whereas these wines must be on the markets of the various Member States ; put in containers holding two litres or less and must be accompanied by a certificate of designation of origin in accordance with the model appearing in the Annex to this Regulation ; whereas a tariff quota of 12 000 hectolitres should therefore be opened for the period up to 31 December 1987 ; Whereas , 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 Whereas the wines in question are subject to compliance first being allocated among the Member States and the with the free-at-frontier reference price ; whereas , in second held as a reserve intended to cover at a later date the order that such wines may benefit from this tariff quota , requirements of Member States who have used up their Article 18 of Regulation ( EEC ) No 337 / 79 ( 2 ), as last initial share ; whereas , in order to guarantee some degree of amended by Regulation ( EEC ) No 3805 / 85 ( 3 ), must be security to importers in each Member State , the first complied with ; instalment of the Community quota should be fixed at a level which could , in the present circumstances , be 85 % of Whereas , since a Protocol as provided for in Articles 79 the quota volume ; and 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 measure concerned will , therefore , apply to the Community as constituted on 31 December 1985 ; Whereas the initial shares of the Member States may be used up at different rates ; whereas , in order to take this Whereas it is in particular necessary to ensure equal and into account and to avoid a break in continuity , any uninterrupted access for all Community importers to the Member State which has used up almost all of its initial abovementioned quota , and uninterrupted application of share should draw an additional share from the reserve ; the rates laid down for this quota to all imports of the whereas this should be done by each Member State each products concerned into the Member States until the quota time one of its additional shares is almost used up , and so has been used up ; whereas , having regard to the above 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 collaboration between the Member States and the 0 ) OJ NoL 41 , 14 . 2 . 1983 , p. 2 . Commission , and the Commission must be in a position to ( 2 ) OJ NoL 54 , 5 . 3 . 1979 , p. 1 . follow the extent to which the quota volume has been used ( 3 ) OJ No L 367 , 31 . 12 . 1985 , p . 39 . up and inform the Member States thereof;
No L 380 / 8 Official Journal of the European Communities 31 . 12 . 86
Whereas , if at a given date in the quota period a substantial administration of the shares allocated to that economic quantity of its initial share remains unused in any Member union may be carried out by any one of its members . State , it is essential that it should return a significant proportion thereof to the reserve , to prevent part of the Community quota remaining unused in one Member State HAS ADOPTED THIS REGULATION : when it could be used in others ;
Article1¶
1 . From 1 January to 31 December 1987 the Common Customs Tariff duties in respect of the following products Whereas , since the Kingdom of Belgium , the Kingdom of originating in Yugoslavia shall be suspended in the the Netherlands and the Grand Duchy of Luxembourg are Community as constituted on 31 December 1985 at the united within and jointly represented by the Benelux levels and within the limit of a Community tariff quota as Economic Union , all transactions concerning the shown herewith :
CCT Volume of Order Rates of heading Descriptions the quota No duty No ( in hi )
09.1501 22.05 Wine of fresh grapes ; grape must with fermentations 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 : • 10,1 ECU / hl — Žilavka — Blatina — Fruška Gora , Talijanski Rizling — Oplenac , Lipovac — Istra , Merlot — Tikveš : — Krater — Kratošija — Srednja i juzna dalmacija : — Dingač — Kăstelet 12 000 — Crna Gora , Vranac 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 > 11,8 ECU / hl — Fruška Gora , Talijanski Rizling — Oplenac , Lipovac — Istra , Merlot — Tikveš : — Krater — Kratošija — Srednja i južna dalmacija : — Dingač — Kăstelet — Crna Gora , Vranac
31 . 12 . 86 Official Journal of the European Communities No L 380 / 9
2 . The wines in question shall be subject to compliance 4 . Notwithstanding paragraphs 1 , 2 and 3 , Member with the free-at-frontier reference price . In order that such States may draw smaller shares than those fixed in these wines may benefit from this tariff quota , Article 18 of paragraphs if there is reason to believe that those fixed Regulation ( EEC ) No 337 / 79 must be complied with . might not be used up . They shall inform the Commission of their grounds for applying this paragraph .
3 . Each of these wines , when imported , shall be accompanied by a certificate of designation of origin , issued by the relevant Yugoslavian authority , in accordance with the model annexed to this Regulation . Article 4
The additional shares drawn pursuant to Article 3 shall be Article 2 valid until 31 December 1987 .
1 . The Community tariff quota referred to in Article 1 shall be divided into two instalments .
Article 5 2 . A first instalment , amounting to 10 150 hectolitres shall be allocated among the Member States ; the shares , Member States shall return to the reserve , not later than which subject to Article 5 shall be valid until 31 December 1 October 1987 , the unused portion of their initial shares 1987 , shall be as follows : which on 15 September 1987 is in excess of 20 % of the initial amount . They may return a greater quantity if there (hectolitres) are grounds for believing that this quantity might not be Benelux 900 used in full . Denmark 700 Germany 7 500 Greece 10 France 500 Member States shall notify the Commission , not later than Ireland 20 1 October 1987 , of the total imports of the products Italy 10 concerned effected under the Community quotas up to and United Kingdom 510 including 15 September 1987 and , where appropriate , the proportion of their initial share that they are returning to the reserve . 3 . The second instalment , amounting to 1 850 hectolitres , shall constitute the reserve .
Article 6 Article 3 The Commission shall keep an account of the shares 1 . If 90 % or more of a Member State's initial share , as opened by Member States pursuant to Articles 2 and 3 and , specified in Article 2 ( 2 ), or of that share less the portion as soon as it has been notified , shall inform each Member returned to the reserve where Article 5 has been applied , State of the extent to which the reserve has been used up . has been used up , that Member State shall , without delay , by notifying the Commission , draw a second share equal to 15 % of its initial share , rounded up where necessary to the next whole number , in so far as the amount in the reserve It shall notify the Member States , not later than 5 October allows . 1987 , of the state of the reserve after quantities have been returned thereto pursuant to Article 5 . 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 , that Member State shall , in accordance with It shall ensure that the drawing which uses up the reserve is the conditions laid down in paragraph 1 , draw a third limited to the balance available and , to this end , shall share equal to 7,5 % of its initial share . specify the amount thereof to the Member State making the final drawing . 3 . If, after its second share has been used up , 90 % or 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 7 equal to the third .
1 . Member States shall take all measures necessary to This process shall continue to apply until the reserve is used ensure that additional shares drawn pursuant to Article 3 up . are opened in such a way that imports may be charged
No L 380 / 10 Official Journal of the European Communities 31 . 12 . 86
without interruption against their aggregate shares in the Article 8 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 . Member States shall charge the imports of the products The Member States and the Commission shall collaborate concerned against their shares as and when the products closely in order to ensure that this Regulation is are entered with customs authorities for free 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 1987 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 22 December 1986 .
For the Council
The President
G. SHAW
ANEXO — BILAG — ANHANG — ΠΑΡΑΡΤΗΜΑ — ANNEX — ANNEXE — ALLEGATO — BIJLAGE — ANEXO 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 S. Gross mass ( kg ) 7 . Litres Marques et numéros — Nombre et nature des colis Masse brute ( kg Litres
8 . Litres ( in words) — Litres ( en lettres )
9 . CERTIFICATION BY THE ISSUING AUTHORITY - VISA DE L'ORGANISME EMETTEUR 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 present certificat a ete 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 :