31987R1863

1 . 7 . 87 No L 176 / 5 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 1863 / 87

of 25 June 1987

opening, allocating and providing for the administration of Community tariff quotas for sherry falling within subheading ex 22.05 C of the Common Customs Tariff and originating in Spain ( 1987 to 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Portugal of the products in question , originating in Spain ; whereas , consequently , the Community tariff quotas are applicable only in the Community as constituted on Having regard to the Act of Accession of Spain and 31 December 1985 ; Portugal , and in particular Articles 30 , 33 , second subparagraph , and 75 thereof, Whereas it is in particular necessary to ensure for all Having regard to the proposal from the Commission , Community importers equal and uninterrupted access to the abovementioned quotas and uninterrupted application Whereas, pursuant to Articles 30 and 75 of the Act of of the rates laid down for these quotas to all imports of the Accession , the duties applicable on the import into the product concerned into all Member States until the quotas Community as constituted on 31 December 1985 of sherry have been used up ; whereas , having regard to the above falling within subheading ex 22.05 C of the Common principles , the Community nature of the quotas can be Customs Tariff and originating in Spain , within the limits respected by allocating the Community tariff quotas among of Community tariff quotas of 108 120 hectolitres in the Member States ; whereas , in order to reflect as containers holding two litres or less and of 685 000 accurately as possible the actual trend of the market in the hectolitres in containers holding more than two litres , shall product concerned , such allocation should be in proportion be progressively abolished ; whereas these duties are to the requirements of the Member States , calculated by reduced to 75 % of the basic duties on 1 January 1987 and reference to the statistics for imports of the said product to 62,5 % of the basic duties on 1 January 1988 ; whereas , from Spain over a representative reference period and also by way of derogation from Article 30 of the Act of to the economic outlook for the quota period concerned ; Accession , Council Regulation (EEC ) No 443 / 86 ( J ) provides that the basic duties are those which were actually applied on 1 January 1986 ; whereas , in compliance with Whereas , during the last three years for which statistics are the second subparagraph of Article 33 , a partial suspension available , the corresponding imports into each of the of the duties applicable to sherry in containers holding two Member States represent the following percentages of the litres or less within the limits of a supplementary quantity imports into the Community from Spain of the product of 250 000 hectolitres is indicated ; whereas , to maintain concerned : the global level of these two quotas, the volume envisaged for sherry in containers holding more than two litres must be reduced by the same quantity ; whereas , therefore, to establish the duties applicable on the import of these wines , Community tariff quotas should be opened for the period 1984 1985 1986 1 July 1987 to 30 June 1988 for: Sherry : — 358 120 hectolitres for sherry , originating in Spain , — in containers holding two IIIl falling within subheadings ex 22.05 C III a) 1 and litres or less : IIIl ex 22.05 C IV a ) 1 of the Common Customs Tariff and Benelux 40,93 40,80 35,79 Denmark 1,95 1,71 2,00 — 435 000 hectolitres for sherry, originating in Spain , Germany 27,58 26,63 35,67 Greece 0,02 0,01 0,03 falling within subheadings ex 22.05 C III b ) 1 and France 0,31 0,23 0,22 ex 22.05 C IV b ) 1 of the Common Customs Tariff Ireland 1,24 1,11 0,75 Italy 0,26 0,33 0,22 at duties as shown in the list in Article 1 ; United Kingdom 27,71 29,18 25,32 — in containers holding more I than two litres : Whereas Council Regulation ( EEC ) No 3792 / 85 of 20 Benelux 41,96 41,27 36,33 December 1985 laying down the arrangements applying to Denmark 2,39 2,45 2,43 trade in agricultural products between Spain and Germany 2,18 2,05 2,35 Portugal ( 2 ) provides for particular rules for the import into — — — Greece France 0,03 0,01 0,01 Ireland 0,66 0,87 0,76 — — — Italy (») OJ No L 50 , 28 . 2 . 1986 , p. 9 . United Kingdom 52,78 53,35 58,12 ( 2 ) OJ No L 367 , 31 . 12 . 1985 , p. 7 .

No L 176 / 6 Official Journal of the European Communities 1 . 7 . 87

Whereas , in view of these factors and of the estimates quota volumes have been used up and inform the Member submitted by certain Member States, initial quota shares States thereof; may be fixed approximately at the following percentages :

Whereas if, at a given date in the quota period , a Sherry in container considerable quantity is left over in one or other Member holding Member States State , it is essential that that Member State should return a two litres more than significant proportion to the reserve to prevent a part of the or less two litres Community quotas from remaining unused in one Member State when it could be used in others ; Benelux 39,21 39,85 Denmark 1,89 2,42 Germany 30,30 1,92 Greece Whereas it is possible that, during the period of 0,01 0,01 France 0,02 applicability of the said quota , the nomenclature used by 0,16 Ireland 1,03 0,76 the Common Customs Tariff will be replaced by the Italy 0,27 0,01 combined nomenclature based on the International United Kingdom 27,13 55,01 Convention on the Harmonized Commodity Description and Coding System ; whereas this Regulation must take account of that possibility by using the codes of the combined nomenclature within which the said products Whereas , in order to take into account import trends for fall ; the products concerned in the various Member States , each of the quota volumes should be divided into two instalments the first being shared among the Member States Whereas , since the Kingdom of Belgium, the Kingdom of and the second constituting a reserve to cover at a later the Netherlands and the Grand Duchy of Luxembourg are date the requirements of Member States which have used united within and jointly represented by the Benelux up their initial quota shares ; whereas , in order to give Economic Union , any operation relating to the importers in each Member State a certain degree of administration of the quota shares allocated to that security, the first instalment of the Community quotas economic union may be carried out by any one of its should , under the present circumstances , be fixed at about members , 90 % and 95 % of the quota volumes ;

Whereas the Member States' initial shares may be used up at different times ; whereas , in order to take this fact into HAS ADOPTED THIS REGULATION : account and avoid any break in continuity , any Member State which has almost used up one of its initial shares must draw an additional share from the corresponding reserve; whereas this must be done by each Member State Article 1 as and when each of its additional shares is almost entirely used up , and repeated as many times as the reserve allows ; From 1 July 1987 to 30 June 1988 the Common Customs whereas the initial and additional shares must be valid until Tariff duties in respect of the sherries mentioned below and the end of the quota period ; whereas this method of originating in Spain shall , in the Community as constituted administration requires close cooperation between the on 31 December 1985 , be partially suspended at the levels Member States and the Commission , and the Commission and within the limits of the Community tariff quotas must be in a position to monitor the extent to which the indicated for each of them (*):

CCT Combined Rate ( ECU / hl ) Order Quota volume heading nomenclature Description No from 1 July form 1 January ( hectolitres) No code to 31 December 1987 to 30 June 1988

r ex 22.05 C III a ) 1 r ex 2204.21-41 Sherry 4,8 4,0 09.0306 I ex 22.05 C IV a) 1 I ex 2204.21-51 Sherry 5,2 4,3 ] 358 120

f ex 22.05 C III b ) 1 f ex 2204.29-41 Sherry 4,9 4,1 09.0308 I ex 22.05 C IV b) 1 I ex 2204.29-51 Sherry 5,4 4,5 ] 435 000

(*) The numbers appearing in the column 'Combined nomenclature code' will replace those appearing in the column 'CCT heading No' as from the date of entry into force of the International Convention on the Harmonized Commodity Description and Coding System .

1 . 7 . 87 No L 176 / 7 Official Journal of the European Communities

Article 2 might not be used up . It shall inform the Commission of its reasons for applying this paragraph . 1 . Each of the tariff quotas referred to in Article 1 shall be divided into two instalments .

Article 4 2 . A first instalment of each quota shall be shared among the Member States ; the respective shares, which , subject to Each of the additional shares drawn pursuant to Article 3 Article 5 , shall be valid until 30 June 1988 , shall be as shall be valid until 30 June 1988 . follows :

(hectolitres) Article 5 Sherry falling within subheading Member States ex 22.05 C III a ) 1 ex 22.05 C 111 b ) 1 and and Member States shall return to the reserve , not later than ex 22.05 C IV a ) 1 ex 22.05 C IV b ) 1 1 April 1988 the unused portion of their initial shares which , on 15 March 1988 is in excess of 20 % of the initial Benelux 126 240 147 340 volume. They may return a larger quantity if there are Denmark 6 090 8 950 grounds for believing that this quantity may not be used . Germany 97 560 7 100 Greece 10 40 France 710 70 Member States shall , not later than 1 April 1988 , notify the Ireland 3 320 2 810 870 40 Commission of the total quantities of the products in Italy United Kingdom 87 340 203 400 question imported up to 15 March 1988 inclusive and charged against the Community quota , and of any quantities of the initial shares returned to the reserve. Total 321 940 369 750

3 . The second instalment of each quota , namely 36 180 Article 6 and 65 250 hectolitres respectively, shall constitute the corresponding reserve. The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 and shall as soon as it has been notified, inform each State of the extent to which the reserve has been used up . Article 3

1 . If 90 % or more of one of a Member State's initial It shall inform the Member States , not later than 5 April shares as specified in Article 2 ( 2), or of that same share 1988 of the amount in the reserve after quantities have reduced by the portion returned to the corresponding been returned pursuant to Article 5 . reserve if 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 10 % of its The Commission shall ensure that the drawing which uses initial share , rounded up where necessary to the next unit, up one of the reserves is limited to the balance available to the extent permitted by the amount of the reserve. and to this end shall specify the amount thereof to the Member State which makes the last drawing. 2 . If, after one or other of its initial shares 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 Article 7 accordance with the conditions laid down in paragraph 1 , draw a third share equal to 5 % of its initial share , rounded 1 . The Member State shall take all measures necessary to up to the next unit. ensure that additional shares drawn pursuant to Article 2 are opened in such a way that imports may be charged 3 . If, after one or other of its second shares has been used without interruption against their accumulated shares of up , 90 % or more of the third share drawn by Member the Community quota . State has been used up , that Member State shall , in accordance with the same conditions , draw a fourth share equal to the third . 2 . The Member States shall ensure that importers of the said product have free access to the shares allocated to them . The process shall continue until the reserve is used up .

4 . By way of derogation from paragraphs 1 , 2 and 3 , a 3 . The extent to which Member States have used up their Member State may draw shares smaller than those fixed in shares shall be determined on the basis of the imports of those paragraphs, if there is reason to believe that they the product in question entered for free circulation .

No L 176 / 8 Official Journal of the European Communities 1,7 . 87

Article8¶

At the request of the Commission, Member States shall The Council will adopt, in good time , the adjustments to inform it of imports actually charged against their shares . the International Convention on the Harmonized Commodity Description and Coding system , which are necessary both for the coding and for the description of goods. Article 9

The Member States and the Commission shall cooperate Article 11 closely in order to ensure that this Regulation is complied with . This Regulation shall enter into force on 1 July 1987 .

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

Done at Luxembourg, 25 June 1987 .

For the Council

The President

H. DE CROO