31987R4171

No L 398 / 20 Official Journal of the European Communities 31 . 12 . 87

COUNCIL REGULATION (EEC) No 4171 /87

of 21 December 1987

opening, allocating and providing for the administration of a Community tariff quota for wine of fresh grapes, falling within subheadings 2204 21 25, 2204 21 29, ex 2204 21 35 or ex 2204 21 39 of the combined nomenclature and originating in Cyprus ( 1988)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, based on the International Convention on the Harmonized Commodity Description and Coding System ; whereas this Regulation must take account of Having regard to the Treaty establishing the European that fact by indicating the combined nomenclature codes Economic Community, and in particular Article 113 and, where appropriate, the Taric code numbers within thereof, which the said products fall ;

Having regard to the proposal from the Commission, Whereas the wine in question is subject to the free-at­ frontier reference price ; whereas, in order that such wine may qualify for this tariff quota, Article 54 of Regulation Whereas the Agreement establishing an Association (EEC) No 822 / 87 (}), as last amended by Regulation between the European Economic Community and the (EEC) No 3992/ 87 (4), must be complied with ; Republic of Cyprus, supplemented by the Protocol laying down the conditions and procedures for the implemen­ tation of the second stage of the Agreement and Whereas equal and continuous access to the quota adapting certain provisions thereof (*), provides for the should be ensured for all Community importers and the opening of an annual Community tariff quota of 35 000 rates laid down for the quota should be applied consist­ hectolitres for certain wines of fresh grapes falling within ently to all imports of the products in question into all subheadings 2204 21 25 , 2204 21 29, ex 2204 21 35 or ex the Member States until the quota is exhausted ; whereas, 2204 21 39 of the combined nomenclature, in containers in the light of these principles, allocation of the tariff holding 2 litres or less, and originating in Cyprus ; quota among the Member States would seem to preserve the Community nature of the quota ; whereas in order to correspond as closely as possible to the real trend of the Whereas this volume is subject to an annual increase of market for the product in question the allocation should 5 % from the entry into force of the Protocol, and will reflect the requirements of the Member States based on therefore, pursuant to Article 18 of the Protocol in statistics of imports of the said products from Cyprus question, be 36 750 hectolitres in 1988 ; whereas, within during a representative reference period and on the the limits of the tariff quota, customs duties are to be economic outlook for the quota period in question ; abolished progressively according to the same timetables and under the same conditions as laid down in Articles 5 and 16 of the said Protocol ; whereas, however, the Protocol to the Association Agreement between the Whereas, however, there are no Community or national European Economic Community and the Republic of statistics concerning the wine in question and no reliable Cyprus consequent on the accession of the Kingdom of forecast of imports can be made ; whereas under these Spain and the Portuguese Republic to the Community (2) circumstances it seems appropriate to divide the volume stipulates that the Kingdom of Spain shall apply, from into initial quota shares allowing for the capacity of the markets of the different Member States to absorb the the date it enters into force, a duty reducing the gap between the rate of the basic duty and that of the pref­ wine in question ; erential duty, while the Portugese Republic shall defer application of the preferential arrangements for the products in question until the start of the second stage ; Whereas, to allow for the trend of imports of the products concerned in the various Member States, the quota volume should be divided into two parts, the first Whereas, therefore, this Community tariff quota should being allocated among the Member States and the be opened for 1988 ; second held as a reserve to cover any subsequent requirements of Member States which have used up their initial share ; whereas, to afford importers in each Whereas from the date on which the said quota is Member State some degree of certainty, an appropriate opened, the nomenclature used in the Common Customs level for the first part of the Community quota would, in Tariff will be replaced by the combined nomenclature the present circumstances, be 67 % of the quota volume ;

O OJ No L 393 , 31 . 12 . 1987 , p. 2 . O OJ No L 84, 16 . 3 . 1987, p . 1 . (J) OJ No L 393 , 31 . 12 . 1987, p. 37.' (4) OJ No L 377, 31 . 12 . 1987, p . 20 .

No L 398 / 21 31 . 12 . 87 Official Journal of the European Communities

Whereas the initial shares of the Member States may be to the corresponding reserve in order to prevent part of used up at different rates ; whereas, in order to avoid any the Community tariff quota from remaining unused in one Member State when it could be used in others ; break in the continuity of supplies on this account, it should be provided that any Member State which has Whereas since the Kingdom of Belgium, the Kingdom of almost used up its initial share should draw an additional the Netherlands and the Grand Duchy of Luxembourg share from the coresponding reserve ; whereas each time are united within and jointly represented by the Benelux its additional share is almost used up a Member State Economic Union, any operation concerning the adminis­ should draw a further share and so on as many times as tration of the quota shares allocated to that economic the reserve allows ; whereas the initial and additional union may be carried out by any one of its members, shares must be valid until the end of the quota period ; whereas this form of administration requires close HAS ADOPTED THIS REGULATION : cooperation between the Member States and the Commission and the latter must be able to monitor the Article 1 extent to which the quota volume has been used up and 1 . From 1 January to 31 December 1988 the customs inform the Member States accordingly; duty applicable to imports into the Community, with the Whereas if at a given date in the quota period a exception of Portugal, of the following products orig­ considerable quantity of a Member State's initial share inating in Cyprus shall be suspended at the level remains unused, it is essential that the Member State indicated and within the limits of a Community tariff concerned should return a significant proportion thereof quota as shown below :

Volume of Order CN code quota Quota duty Description No (hi)

Wine of fresh grapes, including fortified wines ; grape must other than that of heading No 2009 : — Other wine, grape must with fermentation prevented or arrested by the addition of alcohol : — In containers holding 2 litres or less : Other : Of an actual alcoholic strength by volume not 36 750 exceeding 13 % vol : Other : 3,6 ECU/hl : from 1 January to 29 February 09.1415 2204 21 25 White 2204 21 29 Other 3,2 ECU/hl : from 1 March to 31 December Of an actual alcoholic strength by volume exceeding 13 % vol but not exceeding 15 % vol : Other 4,2 ECU/hl : from 1 January to 29 February ex 2204 21 35 White : — Other than liqueur wines of an actual alcoholic strength of 15 % vol ex 2204 21 39 Other : 3,8 ECU/hl : from 1 March — Other than liqueur wines of an actual to 31 December alcoholic strength of 15 % vol •

2 . The wine in question shall be subject to the free-at­ the following quota shares shall be valid until 31 December 1988 : frontier reference price. In order that such wines may qualify for this tariff quota, Article 54 of Regulation (hectolitres) (EEC) No 822 / 87 must be complied with . Benelux 540 Denmark 1 470 Article 2 Germany 1 710 Greece 70 1 . The tariff quota referred to in Article 1 shall be 70 Spain divided into two parts . 70 France Ireland 880 70 2 . An initial part of 24 620 hectolitres shall be Italy United Kingdom 19 740 allocated among the Member States ; subject to Article 5 ,

No L 398 / 22 31 . 12 . 87 Official Journal of the European Communities

3 . The second part of the quota, amounting to 12 130 1988 and charged against the Community quota and of hectolitres , shall constitute the reserve . any portion of their initial share that they are returning to the reserve . Article 3 Article 6 1 . If a Member State has used 90 % or more of its initial share as specified in Article 2 (2), or of that share The Commission shall keep account of the shares drawn less any portion returned to the reserve pursuant to by Member States pursuant to Articles 2 and 3 and shall Article 5 , it shall forthwith, by notifying the Commission inform each Member State of the extent to which the and to the extent that the reserve so permits, draw a reserve has been used up as soon as it has been notified. second share equal to 15 % of its initial share, rounded up where necessary to the next whole number. It shall inform the Member States not later than 5 October 1988 of the state of the reserve following any 2. If, after its initial quota share has been used up, a return of quota shares pursuant to Article 5 . Member State has used 90 % or more of its second share It shall ensure that the drawing which exhausts the as well, it shall forthwith, using the procedure provided reserve does not exceed the balance available, and to this for in paragraph 1 and to the extent that the reserve so end shall notify the amount of that balance to the permits, draw a third share equal to 7,5 % of the initial Member State making the final drawing. share, rounded up where necessary to the next whole number. Article 7 3. If, after its second share has been used up, a 1 . Member States shall take all appropriate measures Member State has used 90 % or more of its third share, to ensure that additional drawings of shares pursuant to it shall, using the procedure provided for in paragraph 1 , Article 3 enable imports to be charged without inter­ draw a fourth share equal to the third. ruption against their accumulated shares of the Community tariff quota. This process shall continue until the reserve is used up. 2 . Member States shall ensure that' importers of the 4 . By way of derogation from paragraphs 1 , 2 and 3, Member States may draw smaller shares than those products concerned have free access to the quota shares allocated to them . specified in the said paragraphs if there is reason to believe that they might not be used in full . Member States shall inform the Commission of their reasons for 3 . The extent to which a Member State has used up its shares shall be determined on the basis of the imports applying this paragraph. of the goods in question entered with the customs auth­ orities for free circulation . Article 4

Additional shares drawn pursuant to Article 3 shall be Article 8 valid until 31 December 1988 . At the request of the Commission, Member States shall Article 5 inform it of imports actually charged against their quota shares . By 1 October 1988 at the latest Member States must return to the reserve the unused portion of their initial Article 9 share which, on 15 September 1988 , is in excess of 20 % of the initial volume. They may return a greater portion The Member States and the Commission shall cooperate if there is reason to believe that it might not be used. closely to ensure that this Regulation is complied with.

By 1 October 1988 at the latest Member States must Article 10 notify the Commission of the total quantities of the products concerned imported on or before 15 September This Regulation shall enter into force on 1 January 1988 .

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

Done at Brussels, 21 December 1987 .

For the Council

The President

B. HAARDER