31986R4119
No L 380 / 30 Official Journal of the European Communities 31 . 12 . 86
COUNCIL REGULATION ( EEC ) No 4119 / 86 of 22 December 1986
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 ( 1987)
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 Community importers equal and uninterrupted access to Whereas the Supplementary Protocol to the Agreement the abovementioned quota and uninterrupted application establishing an Association between the European of the rates laid down for that quota to all imports of the Economic Community and Cyprus ( J ) came to an end on products concerned into all Member States until the quota 31 December 1980 ; whereas to avoid interruption of its has been used up ; whereas , having regard to the above trade relations with that country , the Community has made principles , the Community nature of the quota can be applicable for 1984 the provisions of the abovementioned respected by allocating the Community tariff quota among Protocol in Council Regulation ( EEC ) No 3700 / 83 of the Member States ; whereas , in order to reflect as 22 December 1983 laying down the arrangements accurately as possible the true trend of the market in the applicable to trade with Cyprus ( 2 ); 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 1987 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 Whereas , however , neither Community nor national provides for the opening of an annual Community tariff statistics showing the breakdown for the products in quota of 250 000 hectolitres of liqueur wines , falling question are available and no reliable estimates of future within subheading ex 22.05 C of the Common Customs imports can be made ; whereas , in these circumstances , the Tariff and originating in Cyprus , at rates of customs duty quota should be allocated in initial shares on the basis of equal to 30% of the Common Customs Tariff; whereas the likely demand for these products on the markets of the this Community tariff quota should be opened for the various Member States ; period 1 January to 31 December 1987 ;
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.I.I document or the V.I. 2 extract the products concerned in the various Member States , the provided for in Regulation ( EEC ) No 3590 / 85 ( 3 ); quota volume should be divided into two instalments , the first being shared among the Member States and the second constituting a reserve to cover at a later date the Whereas the wines in question are subject to compliance requirements of Member States which have used up their with the free-at-frontier reference price ; whereas , in order initial quota shares ; whereas , in order to give importers in that such wines may benefit from this tariff quota , each Member State a certain degree of security , the first Article 18 of Regulation ( EEC ) No 337 / 79 ( 4 ), as last instalment of the Community quota could , under present amended by Regulation ( EEC ) No 3805 / 85 ( 5 ), must be circumstances , be fixed at approximtately 84 % of the complied with ; 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 . ( 3 ) OJ No L 343 , 20 . 12 . 1985 , p . 20 . at different times ; whereas , in order to take this fact into ( 4 ) OJ No L 54 , 5 . 3 . 1979 , p. 1 . account and avoid any break in continuity , any Member ( s ) OJ No L 367 , 31 . 12 . 1985 , p. 39 . State which has almost used up its initial share should draw
31 . 12 . 86 Official Journal of the European Communities No L 380 / 31
an additional share from the reserve whereas this must be Whereas , since the Kingdom of Belgium , the Kingdom of done by each Member State as and when each of its the Netherlands and the Grand Duchy of Luxembourg are additional shares is almost used up , and repeated as many united within and jointly represented by the Benelux 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 used up and to inform the Member State thereof; HAS ADOPTED THIS REGULATION :
Article 1 Whereas , if at a given date in the quota period a substantial quantity remains unused in any Member State, it is 1 . From 1 January to 31 December 1987 on the import essential that that Member State should return a significant into the Community of Ten the customs duties for the proportion to the reserve , to prevent a part of any following products , originating in Cyprus , shall be Community quota from remaining unused in one Member suspended at the levels and within the limits of a State when it could be used in others ; Community tariff quota of 250 000 hectolitres as follows :
CCT Order Quota No heading Description No duty
09.1417 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 15 % vol but not exceeding 18 % vol , in containers holding : 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 1 8 % 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 3 . The wines in question shall be subject to compliance shall be conditional on their being described in the V.I.I , with the free-at-frontier reference price . In order that such document or the V.I. 2 extract provided for in Regulation wines shall benefit from this tariff quota Article 18 of ( EEC ) No 3590 / 85 as 'liqueur wines'. Regulation ( EEC ) No 337 / 79 must be complied with .
No L 380 / 32 Official Journal of the European Communities 31 . 12 . 86
Article2¶
1 . The Community tariff quota referred to in Article 1 Member States shall return to the reserve , not later than shall be divided into two instalments . 1 October 1987 , the unused portion of their initial share which , on 15 September 1987 , is in excess of 20 % of the initial volume . They may return a larger quantity if there 2 . A first instalment , amounting to 210 100 hectolitres , are grounds for believing that this quantity may not be shall be allocated among the Member States ; the shares used . which , subject to Article 5 , shall be valid until 31 December 1987 shall be as follows : Each Member State shall , not later than 1 October 1987 , (hectolitres) notify the Commission of the total quantities of the Benelux 2 000 products in question imported up to 15 September 1987 Denmark 2 000 and charged against the Community quota and of any Germany 4 000 quantities of the initial shares returned to the reserve. Greece 20 France 20 Ireland 2 000 Italy 20 Article 6 United Kingdom 200 040 The Commission shall keep an account of the shares 3 . The second instalment , amounting to 39 900 opened by Member States in accordance with Articles 2 hectolitres , shall constitute the reserve . and 3 and shall , as soon as it is notified , inform each Member State of the extent to which the reserve has been used up . Article 3
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 1987 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 , by notifying the Commission , draw a second share equal to The Commission shall ensure that any drawing which 15 % of its initial share , rounded up where necessary to the exhausts the reserve does not exceed the balance available 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 been used up , then , to the extent permitted by the amount Article 7 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 initial 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 3 . If, after its second share has been used up , 90 % or the Community quota . 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 2 . The Member States shall ensure that importers of the equal to the third . products in question have free access to the shares allocated to them . This process shall continue until the reserve is used up .
3 . The extent to which a Member State has used up its 4 . By way of derogation from paragraphs 1 , 2 and 3 , a share shall be determined on the basis of imports of the Member State may draw shares smaller than those fixed in products in question entered with the customs authorities those paragraphs if there are grounds for believing that for free circulation . they might not be used up . It shall inform the Commission of its reasons for applying this paragraph .
Article 8 Article 4 At the request of the Commission , the Member States shall The additional shares drawn pursuant to Article 3 shall be inform it of imports of the products concerned actually valid until 31 December 1987 . charged against their shares .
31 . 12 . 86 Official Journal of the European Communities No L 380 / 33
Article9¶
The Member States and the Commission shall cooperate This Regulation shall enter into force on 1 January 1987 . closely in order to ensure that this Regulation is complied with .
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