31987R4188

31 . 12 . 87 No L 400 / 37 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 4188 / 87

of 21 December 1987 opening, allocating and providing for the administration of a Community tariff quota for 'Sljivovica' plum spirit falling within code ex 2208 90 33 of the combined nomenclature and originating in Yugoslavia ( 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , for the quota should be applied consistently to all imports of the products in question into all Member States until the quota is exhausted ; whereas , in the light of these principles , Having regard to the Treaty establishing the European allocation of the Community tariff quota among certain Economic Community , and in particular Article 113 Member States would seem to preserve the Community thereof, nature of the quota ; whereas in order to correspond as closely as possible to the real trend of the market for the products in question the allocation should reflect the requirements of the Having regard to the proposal from the Commission , Member States based on statistics of imports of the said products from Yugoslavia during a representative reference period and on the economic outlook for the quota period in Whereas Article 21 of the Cooperation Agreement between question ; the European Economic Community and the Socialist Federal Republic of Yugoslavia ( J ), as supplemented by the Additional Protocol to that Agreement establishing new trade arrangements ( 2 ), provides that plum spirit under the Whereas during the last three years for which statistics are name of 'Sljivovica' falling within code ex 2208 90 33 of the . available imports into the Member States were as follows : combined nomenclature and originating in Yugoslavia is to be imported into the Community at a duty of 0,3 ECU per (hectolitres) hectolitre per % degree of alcohol plus 3 ECU per hectolitre , Member State 1984 1985 1986 within the limits of an annual Community tariff quota of 5 420 hectolitres ; whereas those products must be Benelux 39 71 20 accompanied by a certificate of authenticity; whereas the Denmark 5 20,13 9 quota in question should be opened for 1988 ; Germany 2 911 3 205 758 Greece — — — Whereas the customs duty levied under the above tariff quota is to be dismantled over the same periods and at the same Spain n.c . n.c . 6 rates as provided for in Articles 75 and 243 of the Act. of France 35 38 36 Accession of Spain and Portugal ; — — — Ireland

— — — Italy Whereas , within the limits of the above tariff quota , the n.c . n.c . — Portugal Kingdom of Spain and the Portuguese Republic are to apply — 10 United Kingdom 3 customs duties calculated in accordance with Council Regulation (EEC ) No 4150 / 87 of 21 December 1987 , laying down arrangements for Spain and Portugal's trade with Yugoslavia and amending Regulation (EEC ) No 449 / 86 and ( EEC ) No 2573 / 87 ( 3 ); Whereas during the last three years the products concerned were imported regularly only by certain Member States and Whereas , from 1 January 1988 the nomenclature in the not at all or only occasionally by the other Member States ; Common Customs Tariff will be replaced by the combined whereas , under these circumstances , in the first phase, initial nomenclature based on the International Convention on the shares should be allocated only to the genuine importing Harmonized Commodity Description and Coding System; Member States and the other Member States should be whereas this Regulation must take account of that fact by guaranteed access to the benefit of the tariff quotas when using the combined nomenclature codes and Taric code imports actually take place in those Member States ; whereas numbers of the products concerned ; these allocation arrangements will ensure the uniform levy of the applicable duties ; Whereas equal and continuous access to the quota should be ensured for all Community importers and the rates laid down Whereas , to allow for the trend of imports of the products concerned in the various Member States , the quota volume (M OJ No L 41 , 14 . 2 . 1983 , p. 2 . ( 2 ) OJ No L 389 , 31 . 12 . 1987 , p . 73 . should be divided into two parts , the first being allocated ( 3 ) OJ No L 389 , 31 . 12 . 1987 , p. 1 . among certain Member States and the second held as a

No L 400 / 38 31 . 12 . 87 Official Journal of the European Communities

reserve to cover any subsequent requirements of those is essential that the Member State concerned should return a Member States which have used up their initial shares and significant proportion thereof to the Community reserve in any requirements which might arise in the other Member order to prevent part of the Community quota from States ; whereas , to afford importers in each Member State remaining unused in one Member State when it could be used some degree of certainty , an appropriate level for the first in others ; part of the Community quota would , in the present circumstances , be 67% of the quota volume; Whereas since the Kingdom of Belgium , the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Whereas the initial shares of the Member States may be used Union , any operation concerning the administration of the up at different rates ; whereas, in order to avoid any break in quota shares allocated to that economic union may be carried the continuity of supplies on this account, it should be out by any one of its members , provided that any Member State which has almost used up its initial quota share should draw an additional share from the Community reserve; whereas each time its additional share is almost used up a Member State should draw a further share HAS ADOPTED THIS REGULATION : and so on as many times as the reserve allows ; whereas these initial and additional shares must be valid until the end of the quota period ; whereas this form of administration requires close cooperation between the Member States and the Article 1 Commission and the latter must be able to monitor the extent to which the quota volume has been used up and inform the 1 . From 1 January to 3 1 December 1988 the customs duty Member States accordingly ; applicable to imports into the Community of the following products originating in Yugoslavia shall be suspended at the Whereas if at a given date in the quota period a considerable level indicated and within the limits of a Community tariff quantity of a Member State's initial share remains unused , it quota as shown below:

Order No CN code Description Quota ( hectolitres) Quota duty

-\ ex 2208 90 33 — — — — Plum , pear or cherry spirit ( excluding liqueurs): 0,3 ECU per > hectolitre per % - 09.1503 — Plum spirit marketed under the name of I 5 420 degree of alcohol plus Sljivovica , in containers holding two litres 3 ECU per hectolitre or less

Within the limits of this tariff quota the Kingdom of Spain 2 . The second part of the quota , amounting to 1 800 and the Portuguese Republic shall apply customs duties hectolitres , shall constitute the reserve . calculated in accordance with Regulation ( EEC) No 4150 / 87 . 3 . If an importer gives notification of imminent imports of the products concerned into the other Member States and 2 . Imports of these products must be accompanied by a applies to take advantage of the quota , the Member State certificate of authenticity issued by the competent Yugoslav concerned shall inform the Commission and draw an amount authority and conforming with the model annexed to this corresponding to its requirements to the extent that the Regulation . available balance of the reserve so permits .

Article 2 Article 3 1 . A first part of the Community tariff quota referred to in Article 1 amounting to 3 620 hectolitres shall be allocated 1 . If a Member State has used 90 % or more of its initial among certain Member States ; without prejudice to quota share as specified in Article 2 ( 1 ), or of that share less Article 5 , the quota shares shall be valid until 31 December any portion returned to the reserve pursuant to Article 5 , it 1988 and shall be as follow : shall forthwith , by notifying the Commission and to the (hectolitres) extent that the reserve so permits , draw a second share equal Benelux 65 to 15 % of its initial share , rounded up where necessary to the next whole number . Denmark 15 Germany 3 530 France 5 2 . If, after its initial quota share has been used up , a United Kingdom 5 Member State has used up 90 % or more of its second share

31 . 12 . 87 Official Journal of the European Communities No L 400 / 39

as well , it shall , using the procedure provided for in It shall inform the Member States not later than 5 October paragraph 1 and to the extent that the reserve so permits, 1988 of the state of the reserve following any return of quota draw a third share equal to 7,5 % of its initial share, rounded shares pursuant to Article 5 . up where necessary to the next whole number. It shall ensure that the drawing which exhausts the reserve 3 . If, after its second share has been used up , a Member does not exceed the balance available , and to this end shall State has used 90 % or more of its third share , it shall , using notify the amount of that balance to the Member State the procedure provided for in paragraph 1 , draw a fourth making the final drawing. share equal to the third.

This process shall continue until the reserve is used up . Article 7

4 . By way of derogation from paragraphs 1 , 2 and 3 , 1 . Member States shall take all appropriate measures Member States may draw smaller shares than those specified to ensure that additional drawings of shares pursuant to in the said paragraphs if there is reason to believe that they Article 3 enable imports to be charged without interruption might not be used in full . Member States shall inform the against their accumulated share of the Community quota . Commission of their reasons for applying this paragraph . 2 . Member States shall ensure that importers of the products concerned have free access to the quota shares allocated to them . Article 4 3 . Member States shall charge imports of the products Each of the additional shares drawn pursuant to Article 3 concerned against their quota shares as and when the goods shall be valid until 31 December 1988 . are entered with the customs authorities for free circulation .

4 . The extent to which a Member State has used up its Article 5 quota share shall be determined on the basis of the imports charged in accordance with paragraph 3 . By 1 October 1 988 at the latest Member States must return to the reserve the unused portion of their initial share which , on 15 September 1988 , is in excess of 20% ofthe initial volume. Article 8 They may return a greater portion if there is reason to believe that it might not be used . At the request of the Commission , Member States shall inform it of imports of the products concerned actually By 1 October 1988 at the latest Member States must notify charged against their quota share. the Commission of the total quantities of the products concerned imported on or before 15 September 1988 and charged against the Community quotas and of any portion of their initial share that they are returning to the reserve . Article 9

The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . Article 6

The Commission shall keep account of the shares drawn by Article 10 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 . 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

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

1 Exporter ( name , full address , country) 2 No ORIGINAL Exportateur (nom, adresse complète , pays) 3 Quota year 4 Country of destination Année contingentais Pays de destination

6 Issuing authority Organisme émetteur 5 Consignee (name, full address, country) Destinataire (nom , adresse complète , pays)

7 CERTIFICATE OF AUTHENTICITY 8 Place and date of shipment — Means of transport CERTIFICAT D'AUTHENTICITÉ Lieu et date d'embarquement — Moyen de transport Plum spirit 'Sljivovica' Eau-de-vie de prunes «áljivovica»

(CN Code ex 2208 90 33) (Code NC ex 2208 90 33)

9 Marks and numbers — Number and kind of packages 10 vol of 11 Litres Marques et numéros — Nombre et nature des colis alcohol Litres Wo vol d'alcool

12 vol of alcohol and litres ( in words) <M> vol d'alcool et litres (en lettres)

13 CERTIFICATE BY THE ISSUING AUTHORITY — VISA DE L'ORGANISME ÉMETTEUR I hereby certify that the plum spirit 'Sljivovica' described in this certificate corresponds with the definition given on the reverse. Je certifie que l'eau-de-vie de prunes «Sljivovica» décrite dans ce certificat correspond à la définition figurant au verso.

Place Date Lieu Date

(Stamp and signature ) (Cachet et signature )

DEFINITION Plum spirit with an alcoholic strength of 40 % vol or more, marketed under the name ŠLJIVOVICA, corresponding to the specifications laid down in the Regulation relating to the quality of spirituous beverages, published in the Official Journal of the Socialist Federal Republic of Yugoslavia on 7 October 1971 .

DÉFINITION

Eau-de-vie de prunes ayant un titre alcoométrique égal ou supérieur à 40 % vol, commercialisée sous la dénomination ŠLJIVOVICA correspondant à la spécification reprise dans la réglementation relative à la qualité des boissons alcooliques publiée au Journal officiel de la république socialiste fédérative de Yougoslavie le 7 octobre 1971 .