31986R4124

No L 380 / 42 Official Journal of the European Communities 31 . 12 . 86

COUNCIL REGULATION ( EEC ) No 4124 / 86

of 22 December 1986

opening, allocating and providing for the administration of a Community tariff quota for certain wines falling within subheading ex 22.05 C of the Common Customs Tariff and originating in Algeria ( 1987 )

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

Having regard to the proposal from the Commission , Whereas it is in particular necessary to ensure equal and uninterrupted access for all Community importers to the abovementioned quota , and uninterrupted application of Whereas Article 20 of the Cooperation Agreement between the rates laid down for this quota to all imports of the the European Economic Community and the People's products concerned into the Member States until the quota Democratic Republic of Algeria (*) provides for preferential has been used up ; whereas , having regard to the above treatment for the importation of certain wines having a principles , the Community nature of the quota can be designation of origin and falling within subheading ex respected by allocating the Community tariff quota among 22.05 C of the Common Customs Tariff; whereas the the Member States ; whereas , in order to reflect most application of this treatment is limited until 30 June 1981 ; accurately the actual development of the market in the whereas the period for this treatment was last extended products in question , such allocation should be in until 31 December 1986 by Regulation ( EEC ) No proportion to the requirements of the Member States , 3669 / 85 ( 2 ); assessed by reference to both the statistics relating to imports of the said products from Algeria over a Whereas Council Regulation ( EEC ) No 4123 / 86 ( 3 ) representative reference period and the economic outlook provides for the treatment which the Community has for the quota period concerned ; applied until 31 December 1986 to be extended until 31 December 1987 ; whereas this treatment provides that certain wines having a designation of origin , falling within Whereas in this case , however , neither Community nor subheading ex 22.05 C of the Common Customs Tariff national statistics showing the breakdown for each of the and originating in Algeria shall be exempt from customs types of wines in question are available and no reliable duties on importation into the Community within the limits estimates of future imports can be made ; whereas in these of a Community tariff quota of 450 000 hectolitres ; circumstances the quota volumes should be allocated in whereas the wines must be put up in containers holding a initial shares , taking into account demand for these wines maximum of two litres ; whereas these wines must be on the markets of the various Member States ; accompanied by a certificate of designation of origin in accordance with the model given in Annex D to the Agreement ; whereas the Community tariff quota in question should therefore be opened for the period 1 January 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 ( 4 ), as last initial share ; whereas , in order to guarantee some degree of amended by Regulation ( EEC ) No 3805 / 85 ( 5 ), 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 51 % of Whereas , since a Protocol as provided for in Articles 179 the quota volume ; and 366 of the Act of Accession of Spain an Portugal does

i 1 ) OJ No L 263 , 27 . 9 . 1978 , p. 2 . Whereas the initial shares of the Member States may be ( 2 ) OJ No L 354 , 30 . 12 . 1985 , p . 19 . ( 3 ) See page 41 of this Official Journal used up at different rates ; whereas , in order to take this ( 4 ) OJ No L 54 , 5 . 3 . 1979 , p. 1 . into account and to avoid a break in continuity , any ( s ) OJ No L 367 , 31 . 12 . 1985 , p. 39 . Member State which has used up almost all of its initial

31 . 12 . 86 Official Journal of the European Communities No L 380 / 43

share should draw an additional share from the reserve ; Whereas , since the Kingdom of Belgium , the Kingdom of whereas this should be done by each Member State each the Netherlands and the Grand Duchy of Luxembourg are time one of its additional shares is almost used up , and so united within and jointly represented by the Benelux on as many times as the reserve allows ; whereas the initial Economic Union , all transactions concerning the and additional shares must be valid until the end of the administration of the shares allocated to that economic quota period ; whereas this form of administration requires union may be carried out by any one of its members , close collaboration between the Member States and the Commission , and the Commission must be in a position to follow the extent to which the quota volume has been used HAS ADOPTED THIS REGULATION : up and inform the Member States thereof;

Article 1 Whereas , if at a given date in the quota period a substantial quantity of its initial share remains unused in any Member 1 . From 1 January to 31 December 1987 the customs State , it is essential that it should return a significant duties applicable in the Community of Ten on the proportion thereof to the reserve, to prevent part of the following products shall be suspended at the level and Community quota remaining unused in one Member State within the limits of a Community tariff quota as shown when it could be used in others ; herewith :

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

09.1001 ex 22.05 C Wine of fresh grapes : ex C. Other : — Wines entitled to one of the following designations of origin : Ai'n Bessem-Bouira , Medea , Coteaux du Zaccar , Dahra , Coteaux de Mascara , Monts du Tessalah , Coteaux de Tlemcen , of an actual alcoholic strength by volume not exceeding 15 % vol , in containers holding two litres or less , originating in Algeria 450 000 free

2 . The wines in question are subject to compliance with (hectolitres) the free-at-frontier reference price . Benelux 37 350 Denmark 22 500 The wines in question shall benefit from this tariff quota on Germany 48 000 condition that Article 18 of Regulation ( EEC ) No 337 / 79 Greece 1 000 shall be complied with . France 46 000 Ireland 15 300 3 . Each of these wines , when imported , shall be Italy 22 500 accompanied by a certificate of designation of origin , United Kingdom 37 350 issued by the relevant Algerian authority , in accordance with the model annexed to this Regulation . 3 . The second instalment amounting to 220 000 hectolitres shall constitute the reserve . The example of certificate which appears in the Annex to Regulation ( EEC ) No 3670 / 85 (*) may , however , be accepted until 31 December 1987 . Article 3

Article 2 1 . If 90 % or more of a Member State's initial share , as specified in Article 2 ( 2 ), or of that share less the portion 1 . The Community tariff quota referred to in Article 1 returned to the reserve where Article 5 has been applied , shall be divided into two instalments . has been used up , that Member State shall , without delay , by notifying the Commission , draw a second share equal to 2 . A first instalment of the quota shall be allocated among 15 % of its initial share , rounded up where necessary to the the Member States ; the shares , which subject to Article 5 next whole number , in so far as the amount in the reserve shall be valid up to 31 December 1987 , shall be as allows . follows : 2 . If, after its initial share has been used up , 90 % or (») OJ No L 354 , 30 . 12 . 1985 , p 20 . more of the second share drawn by a Member State has

No L 380 / 44 Official Journal of the European Communities 31 . 12 . 86

been used up , that Member State shall , in accordance with as soon as it has been notified , shall inform each Member the conditions laid down in paragraph 1 , draw a third State of the extent to which the reserve has been used up . share equal to 7,5 % of its initial share . It shall notifiy the Member States , not later than 5 October 3 . If, after its second share has been used up , 90 % or 1987 , of the state of the reserve after quantities have been more of the third share drawn by a Member State has been returned thereto pursuant to Article 5 . used up , that Member State shall , in accordance with the conditions laid down in paragraph 1 , draw a fourth share It shall ensure that the drawing which uses up the reserve is equal to the third . limited to the balance available , and , to this end , shall specify the amount thereof to the Member State making the This process shall continue to apply until the reserve is used final drawing . up .

4 . Notwithstanding paragraphs 1 , 2 and 3 , Member Article 7 States may draw smaller shares than those fixed in these paragraphs if there is reason to believe that those fixed 1 . Member States shall take all measures necessary to might not be used up . They shall inform the Commission ensure that additional shares drawn pursuant to Article 3 of their grounds for applying this paragraph . are opened in such a way that imports may be charged without interruption against their aggregate shares in the Community quota .

Article 4 2 . Member States shall ensure that importers of the products have free access to the shares allocated to them . The additional share drawn pursuant to Article 3 shall be valid until 31 December 1987 . 3 . The Member States shall charge the imports of the products concerned against their shares as and when the products are entered with customs authorities for free circulation . Article 5 4 . The extent to which a Member State has used up its Member States shall return to the reserve , not later than shares be determined on the basis of the imports charged in accordance with paragraph 3 . 1 October 1987 , the unused portion of their initial shares which on 15 September 1987 is in excess of 20 % of the initial amount. The may return a greater quantity if there Article 8 are grounds for believing that this quantity might not be used in full . At the request of the Commision , Member States shall Member States shall notify the Commission , not later than inform it of imports actually charged against their shares . 1 October 1987 , of the total imports of the products concerned effected under the Community quotas up to and Article 9 initial amount . They may return a greater quantity if there are grounds for believing that this quantity might not be The Member States and the Commision shall collaborate used in full . closely in order to ensure that this Regulation is observed .

Article 6 Article 10 The Commission shall keep an account of the shares opened by Member States pursuant to Articles 2 and 3 and , 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

A NEX — BILAG — ANHANG — MAPAPTHMA — ANNEX — ANNEXE — ALLEGATO — BIJLAGE — ANEXn

1 Exporter — Exportateur : 2 . Number — Numéro : 00000

3 . (Name of authority guaranteeing the designation of origin — Nom de l'organisme garantissant la déno­ mination d'origine) 4 . Consignee — Destinataire .

5 . CERTIFICATE OF DESIGNATIC «I OF ORIGIN CERTIFICAT D'APPELLATION »' ORIGINE

6 . Means of transport — Moyen de transport : 7 . (Designation of origin — Nom de la dénomination d'origine)

8 . Place of unloading — Lieu de déchargement :

9 . Marks and numbers, number 10 . and kind οτ packages — Marques et numéros , nombre et nature des colis : Litres Gross weight Pok » brut Litres

12 . Litres ( in words ) — Litres ( en lettres ) :

13 . Certificate of the issuing authority — Vis ,. de l'organisme émetteur :

14 . Customs stamp — Visa de la douane :

( See the translation under No 15 — Voir traduction au n0 15 )

15 . We hereby certify that the wine described in this certificate is wine produced within the wine district of and is considered by Algerian legislation as entitled to the designation of origin ' The alcohol added to this wine is alcohol of vinous origin . Nous certifions que le vin décrit dans ce certificat a été produit dans la zone de et est reconnu, suivant la loi algérienne, comme ayant droit à la dénomination d'origine « ». L'alcool ajouté à ce vin est de l'alcool d'origine vinique .

16. ('

(') Space reserved for additional details given in the exporting country. (1 ) Case réservée pour d'autres indications du pays exportateur.