31987R4172

No L 398 / 23 31 . 12 . 87 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 4172/87

of 21 December 1987

opening, allocating and providing for the administration of a Community tariff quota for liqueur wines falling within subheadings ex 2204 21 35, ex 2204 21 39, ex 2204 29 35, ex 2204 29 39, ex 2204 21 49, ex 2204 29 49, ex 2204 21 59, ex 2204 29 59 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 qualification for this tariff quota must be dependent on the wines being designated as liqueur wines in the VII document or V I 2 extract provided Whereas the Agreement establishing an Association for by Regulation (EEC) No 3590 / 85 (3); between the European Economic Community and the Republic of Cyprus, supplemented by the Protocol laying down the conditions and procedures for the implemen­ Whereas the free-at-frontier reference price must be tation of the second stage of the Agreement . and complied with for the wine in question ; whereas , in adapting certain provisions thereof (*), provides for the order that such wine may qualify for this tariff quota, opening of an annual Community tariff quota of Article 18 of Regulation (EEC) No 822 / 87 (4), as last 150 000 hectolitres for certain liqueur wines falling amended by Regulation (EEC) No 3992/ 87 (5), must be within subheadings ex 2204 21 35 , ex 2204 21 39, complied with ; ex 2204 29 35 , ex 2204 29 39, ex 2204 21 49, ex 2204 29 49, ex 2204 21 59 or ex 2204 29 59 of the combined nomenclature, originating in Cyprus ; Whereas equal and continuous access to the quota should be ensured for all Community importers and the rates laid down for the quota should be applied consis­ Whereas this volume is subject to an annual increase of tently to all imports of the products in question into all 5 % from the entry into force of the Protocol, and will the Member States until the quota is exhausted ; whereas, therefore, pursuant to Article 18 of the Protocol in in the light of these principles, allocation of the tariff question, be 157 500 hectolitres in 1988 ; whereas, within quota among the Member States would seem to preserve the limits of the tariff quota, customs duties are to be the Community nature of the quota ; whereas in order to abolished progressively according to the timetables and correspond as closely as possible to the real trend of the under the conditions as laid down in Articles 5 and 16 of market for the product in question the allocation should the said Protocol ; whereas, however, the Protocol to the reflect the requirements of the Member States based on Association Agreement between the European Economic statistics of imports of the said products from Cyprus Community and the Republic of Cyprus consequent on during a representative reference period and on the the accession of the Kingdom of Spain and the economic outlook for the quota period in question ; Portuguese Republic to the Community (2) stipulates that the Kingdom of Spain shall apply, from the date it enters into force, a duty reducing the gap between the rate of Whereas, however, there are no Community or national the basic duty and that of the preferential duty, while the statistics concerning the wine in question and no reliable Portuguese Republic shall defer application of the pref­ forecast of imports can be made ; whereas under these erential arrangements for the products in question until circumstances it seems appropriate to divide the volume the start of the second stage ; into initial quota shares allowing for the capacity of the markets of the different Member States to absorb the Whereas, therefore, this Community tariff quota should wine in question ; be opened for 1988 ;

Whereas, to allow for the trend of imports of the Whereas from the date on which the said quota is products concerned in the various Member States, the opened, the nomenclature used in the Common Customs quota volume should be divided into two parts, Tariff will be replaced by the combined nomenclature

(J) OJ No L 343 , 20 . 12 . 1985 , p . 20 . O OJ No L 393 , 31 . 12 . 1987, p. 2 . O OJ No L 84, 16 . 3. 1987 , p . 1 . (2) OJ No L 393 , 31 . 12 . 1987 , p . 37 . O OJ No L 377 , 31 . 12 . 1987 , p . 20 .

No L 398 / 24 Official Journal of the European Communities 31 . 12 . 87

the first being allocated among the Member States and Whereas if at a given date in the quota period a the second held as a reserve to cover any subsequent considerable quantity of a Member State's initial share requirements of Member States which have used up their remains unused , it is essential that the Member State initial share ; whereas, to afford importers in each concerned should return a significant proportion thereof Member State some degree of certainty, an appropriate to the corresponding reserve in order to prevent part of level for the first part of the Community quota would, in the Community tariff quota from remaining unused in the present circumstances, be 67 % of the quota volume ; one Member State when it could be used in others ;

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

Order CN code Volume of quota No Description Quota duty (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 : li

I — In containers holding 2 litres or less : ll

Other : ' l.I

Of an actual alcoholic strength by volume exceeding 13 % vol but not exceeding 15 % vol :

Other : 157 500

09.1417 ex 2204 21 35 White v 5 ECU/ hl : — Liqueur wines of an actual alcoholic from 1 January strength of 15 % vol to 29 February ex 2204 21 39 Other : 4,5 ECU/hl : from 1 March — Liqueur wines of an actual alcoholic to 31 December strength of 15 % vol

I Of an actual alcoholic strength by volume 6,1 ECU/hl : exceeding 15 % but not exceeding 18 % vol : From 1 January ex 2204 21 49 Other : to 29 February 5,5 ECU/hl : — Liqueur wines : From 1 March to 31 December

Of an actual alcoholic strength by volume exceeding 18 % vol but not exceeding 22 % vol ex 2204 21 59 Other : 6,9 ECU/hl : From 1 January — Liqueur wines to 29 February 6,2 ECU/hl : From 1 March to 31 December

No L 398 / 25 31 . 12 . 87 Official Journal of the European Communities

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

— Other : Other : Of an actual alcoholic strength by volume exceeding 13 % vol but not exceeding 15 % vol : 3,9 ECU/hl : From 1 January ex 2204 29 35 White to 29 February — Liqueur wines of an actual alcoholic 3,5 ECU/ hl : strength of 15 % vol From 1 March Other : to 31 December ex 2204 29 39 — Liqueur wines of an actual alcoholic strength of 15 % vol Of an actual alcoholic strength by volume exceeding 15 % vol but not exceeding 18 % vol Other : 5 ECU/ hl : ex 2204 29 49 From 1 January — Liqueur wines to 29 February 4,5 ECU/hl : From 1 March to 31 December Of an actual alcoholic strength by volume exceeding 18 % vol but not exceeding 22 % vol : Other : 6,9 ECU/ hl : ex 2204 29 59 From 1 January — Liquer wines to 29 February 6,2 ECU/ hl : From 1 March to 31 December

Article 3 2. To qualify for this tariff quota, the wines must be designated as liqueur wines in the VII document or 1 . If a Member State has used 90 % or more of its V 1 2 extract provided for by Regulation (EEC) No initial share as specified in Article 2 (2), or of that share 3590 / 85 . less any portion returned to the reserve pursuant to Article 5 , it shall forthwith, by notifying the Commission 3 . The wine in question shall be subject to the free-at­ and to the extent that the reserve so permits, draw a frontier reference price . In order that such wine may second share equal to 15 % of its initial share, rounded qualify for this tariff quota, Article 54 of Regulation up where necessary to the next whole number. (EEC) No 822 / 87 must be adhered to .

Article 2 2. If, after its initial quota share has been used up, a Member State has used 90 % or more of its second share 1 . The tariff quota referred to in Article 1 shall be as well, it shall forthwith, using the procedure provided divided into two parts . for in paragraph 1 and to the extent that the reserve so permits, draw a third share equal to 7,5 % of the initial 2 . An initial part of 105 525 hectolitres shall be share, rounded up where necessary to the next whole allocated among the Member States ; subject to Article 5, number. the following quota shares shall be valid until 31 December 1988 : 3 . If, after its second share has been used up, a (hectolitres) Member State has used 90 % or more of its third share, Benelux 115 it shall, using the procedure provided for in paragraph 1 , Denmark 60 draw a fourth share equal to the third. 1 890 Germany Greece 20 This process shall continue until the reserve is used up. 20 Spain France 20 60 4. By way of derogation from paragraphs 1 , 2 and 3, Ireland 20 Member States may draw smaller shares than those Italy 103 320 specified in the said paragraphs if there is reason to United Kingdom believe that they might not be used in full. Member States shall inform the Commission of their reasons for 3 . The second part of the quota, amounting to 51 975 hectolitres, shall constitute the reserve. applying this paragraph.

No L 398 /26 Official Journal of the European Communities 31 . 12 . 87

Article4¶

Additional shares drawn pursuant to Article 3 shall be 1 . Member States shall take all appropriate measures valid until 31 December 1988 . to ensure that additional drawings of shares pursuant to Article 3 enable imports to be charged without inter­ Article 5 ruption against their accumulated shares of the By 1 October 1988 at the latest Member States must Community tariff quota. return to the reserve the unused portion of their initial share which, on 15 September 1988 , is in excess of 20 % 2. Member States shall ensure that importers of the of the initial volume. They may return a greater portion products concerned have free access to the quota shares if there is reason to believe that it might not be used. allocated to them . By 1 October 1988 at the latest Member States must notify the Commission of the total quantities of the 3 . The extent to which a Member State has used up products concerned imported on or before 1 5 September its shares shall be determined on the basis of the imports 1988 and charged against the Community quota and of of the goods in question entered with the customs auth­ orities for free circulation . any portion of their initial share that they are returning to the reserve .

Article 8 Article 6 At the request of the Commission, Member States shall The Commission shall keep account of the shares drawn by Member States pursuant to Articles 2 and 3 and shall inform it of imports actualiy charged against their quota shares . inform each Member State ot the extent to which the reserve has been used up as soon as it has been notified. It shall inform the Member States not later than 5 Article 9 October 1988 of the state of the reserve following any The Member States and the Commission shall cooperate return of quota shares pursuant to Article 5 . closely to ensure that this Regulation is complied with. It shall ensure that the drawing which exhausts the reserve does not exceed the balance available, and to this Article 10 end shall notify the amount of that balance to the Member State making the final drawing. 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