31987R4177

31 . 12 . 87 Official Journal of the European Communities No L 399 / 11

COUNCIL REGULATION ( EEC ) No 4177 / 87

of 21 December 1987

opening, allocating and providing for the administration of a Community tariff quota for certain wine of designated origin falling within subheading ex 2204 21 25 , ex 2204 21 29 , ex 2204 21 35 or ex 2204 21 39 of the combined nomenclature and originating in Algeria ( 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas the nomenclature used in the Common Customs Tariff will be replaced from 1 January 198 8 by the combined nomenclature based on the International Convention on the Having regard to the Treaty establishing the European Harmonized Commodity Description and Coding System ; Economic Community and in particular Article 113 whereas this Regulation must therefore take account of that thereof, fact by indicating the combined nomenclature codes and , where appropriate , the Taric code numbers of the products concerned ; Having regard to the proposal from the Commission ,

Whereas Article 20 of the Cooperation Agreement between the European Economic Community and the People's Whereas equal and continuous access to the quota should be Democratic Republic of Algeria ( J ) as amended by the ensured for all Community importers and the rate laid down Additional Protocol to that Agreement consequent on the for the quota should be applied consistently to all imports of accession of the Kingdom of Spain and the Portuguese the products in question into the Member States until the Republic to the Community ( 2 ) provides that certain wine of quota is exhausted; whereas , in the light of these principles , designated origin falling within subheading ex 2204 21 25 , allocation of the tariff quota among the Member States ex 2204 21 29 , ex 2204 21 35 or ex 2204 21 39 of the would seem to preserve the Community nature of the quota ; combined nomenclature and originating in Algeria shall be whereas in order to correspond as closely as possible to the exempt from customs duties on import into the Community real trend of the market for the products in question the within the limits of a Community tariff quota of 200 000 allocation should reflect the requirements of the Member hectolitres ; whereas the wine must be put up in containers States based on statistics of imports of the said products from holding two litres or less ; whereas the wine must be Algeria during a representative reference period and on the accompanied either by a certificate of designation of origin in economic outlook for the quota period in question ; accordance with the model given in Annex D to the Agreement or, by way of derogation , by a document VI 1 or a VI 2 extract annotated in compliance with Article 9 of Regulation ( EEC ) No 3590 / 85 ( 3 ); Whereas in this case , however, neither Community nor national statistics showing the breakdown for each type of wine in question are available and no reliable forecasts of Whereas , however, Council Regulation (EEC) No 2573 / 87 future imports can be made ; whereas in these circumstances of 11 August 1987 laying down the arrangements for trade the <uota volumes should be allocated in initial shares , between Spain and Portugal on the one hand and Algeria , account being taken of possible demand for such wine on the Egypt , Jordan , Lebanon , Tunisia and Turkey on the markets of the various Member States; other ( 4 ) provides for the Portuguese Republic to defer until 31 December 1990 the application of the preferential arrangements for the products in question; whereas, consequently this Regulation does not apply to Portugal ; Whereas , to allow for the trend of imports of the products whereas the Community tariff quota in question should be concerned in the various Member States, the quota volume opened for 1988 ; should be divided into two parts, the first being allocated among the Member States and the second held as a reserve to cover any subsequent requirements of Member States which Whereas the wine in question is subject to compliance with the free-at-frontier reference price; whereas , in order that have used up their initial share ; whereas , to afford importers such wine may benefit from this tariff quota , Article 54 of in each Member State some degree of certainty, the first part of the tariff quota should be set at a certain level , which in this Regulation (EEC) No 822 / 87 ( 5 ) as last amended by Regulation (EEC ) No 3992 / 87 ( 6 ), must be complied case could be 40% of the quota volume ; with ;

0 ) OJ No L 263 , 27 . 9 . 1978 , p. 2 . Whereas the initial shares of the Member States may be used ( 2 ) OJ No L 297 , 21 . 10.1987 , p. 2 . ( 3 ) OJ No L 343 , 20 . 12 . 1985 , p . 20 , up at different rates; whereas , in order to avoid any break in ( 4 ) OJ No L 250 , 1 . 9 . 1987 , p. 1 . the continuity of supplies on this account, it should be ( 5 ) OJ No L 84 , 27 . 3 . 1987 , p. 1 . provided that any Member State which has almost used up its («) OJ No L 377 , 31 . 12 . 1987 , p. 20 . initial share should draw an additional share from the

No L 399 / 12 Official Journal of the European Communities 31 . 12 . 87

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

Whereas if at a given date in the quota period a considerable Article 1 quantity of a Member State's initial share remains unused , it is essential that the Member State concerned should return a 1 . From 1 January to 31 December 1988 the customs significant proportion thereof to the reserve in order to duties applicable in the Community , with the exception of prevent part of the Community tariff quota from remaining Portugal , to imports of the following products shall be unused in one Member State when it could be used in suspended at the level and within the limits of a Community others ; tariff quota as shown below:

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

Wine of fresh grapes , including fortified wines , grape must other than that of heading No 2009 : ex 2204 21 25 - White 200 000 Free ex 2204 21 29 — Other 09.1000 i ex 2204 21 35 - White ex 2204 21 39 — Other : — — Wines entitled to one of the following designations of origin : I

Ai'n Besem-Bouira , M£dea , Coteaux du Zaccar , Dahra , Coteaux de Tlemcen , of an actual alcoholic strength by volume not exceeding 15% vol , in containers holding two litres or less , originating in Algeria

Within the limit of this tariff quota the Kingdom of Spain Article 2 shall apply customs duties calculated in accordance with Regulation ( EEC ) No 2573 / 87 . 1 . The Community tariff quota referred to in Article 1 shall be divided into two parts .

2 . The wine in question is subject to observance of the 2 . The first part of the quota shall be allocated among the free-at-frontier reference price . Member States ; the quota shares , which subject to Article 5 , shall be valid up to 31 December 1988 , shall be as follows : The wine in question shall benefit from this tariff quota on condition that Article 54 of Regulation ( EEC ) No 822 / 87 is (hectolitres) complied with . Benelux 12 800 Denmark 7 760 Germany 16 560 3 . Each wine , when imported , shall be accompanied Greece 320 either by a certificate of designation of origin , issued by the Spain 880 relevant Algerian authority or , by way of derogation , by a France 16 000 VI 1 document or a VI 2 extract annotated in compliance Ireland 5 280 with Article 9 of Regulation ( EEC ) No 3590 / 85 , in Italy 7 600 accordance with the model annexed to this Regulation . United Kingdom 12 800

31 . 12 . 87 Official Journal of the European Communities No L 399 / 13

3 . The second part of the quota , amounting to 120 000 Article 6 hectolitres , shall constitute the reserve . The Commission shall keep account of the shares drawn by Member States pursuant to Articles 2 and 3 and shall inform each Member State of the extent to which the reserve has been used up as soon as it has been notified . Article 3

It shall inform the Member States not later than 5 October 1 . If a Member State has used 90 % or more of its initial 1988 of the state of the reserve following any return of quota share as specified in Article 2 ( 2 ), or of that share less any shares pursuant to Article 5 . portion returned to the reserve pursuant to Article 5 , it shall forthwith by notifying the Commission and to the extent that It shall ensure that the drawing which exhausts the reserve the reserve so permits , draw a second share equal to 15 % of does not exceed the balance available , and to this end shall its initial share, rounded up where necessary to the next notify the amount of that balance to the Member State whole number . making the final drawing.

2 . If, after its initial quota "share has been used, up , a Member State has used 90 % or more of the second share as Article 7 well , it shall forthwith , using the procedure provided for in paragraph 1 , and to the extent that the reserve so pfermits , draw a third share equal to 7,5 % of its initial share. 1 . Member States shall take all appropriate measures to ensure that additional drawings of shares pursuant to Article 3 enable imports to be charged without interruption against 3 . If, after its second share has been used up , a Member their accumulated shares of the Community quota . State has used 90 % or more of its third share, it shall , using the procedure provided for in paragraph 1 , draw a fourth share equal to the third . 2 . Member States shall ensure that importers of the product concerned have free access to the quota shares allocated to them . This process shall continue until the reserve is used up . 3 . Member States shall charge imports of the product concerned against their shares as and when the goods are 4 . By way' of derogation from paragraphs 1 , 2 and 3 , entered with the customs authorities for free circulation . Member States may draw smaller shares than those specified in the said paragraphs if there is reason to believe that they might not be used in full . Member States shall inform the 4 . The extent to which a Member State has used up its Commission of their reasons for applying this paragraph . shares shall be determined on the basis of the imports charged in accordance with paragraph 3 .

Article4¶

At the request of the Commission, Member States shall Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1988 . inform it of imports actually charged against their quota shares.

Article9¶

The Member States and the Commission shall cooperate By 1 October 1988 at the latest Member States must return to closely to ensure that this Regulation is complied with . the reserve the unused portion of their initial share which , on 15 September 1988 , is in excess of 20 % of the initial volume . They may return a greater portion if there is reason to believe that it might not be used . Article 10

By 1 October 1988 at the latest Member States must notify This Regulation shall enter into force on the day following the Commission of the total quantities of the product that of its publication in the Official Journal of the European Communities . concerned imported on or before 15 September 1988 and charged against the Community quota and of any portion of their initial share that they are returning to the reserve . It shall apply with effect from 1 January 1988 .

No L 399 / 14 Official Journal of the European Communities 31 . 12 . 87

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

ANEXO — BILAG — ANHANG — ΠΑΡΑΡΤΗΜΑ — ANNEX — ANNEXE — ALLEGATO — BIJLAGE — ANEXO

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 DESIGNATION OF ORIGIN CERTIFICAT D'APPELLATION D'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 11 . 10., ana κιηα οτ pacKages — Marques et numéros , nomore et nature des colis : Litres Gross weight Poids brut Litres

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

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

14 . — Customs stamp — Visa de la douane :

(See the translation under No 15 — Voir traduction au n° 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 alcphol 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 . '

I1) Space reserved for additional details given in the exporting country. (') Case réservée pour d'autres indications du pays exportateur.