No L 374 / 16 Official Journal of the European Communities 31 . 12 . 86
COUNCIL REGULATION (EEC) No 4012 / 86
of 16 December 1986
opening, allocating and providing for the administration of a Community tariff quota for
'Sljivovica' plum spirit falling within subheading ex 22.09 C IV a) of the Common Customs Tariff
and originating in Yugoslavia ( 1987 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES , proportion to the requirements of the Member States ,
calculated by reference to the statistics for imports from
Yugoslavia over a representative reference period and also
to the economic outlook for the quota period in question ;
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113
thereof,
Having regard to the proposal from the Commission ,
Whereas , in this case , however , neither Community nor
national statistics are available and no reliable estimates
of future imports can be made; whereas in these
circumstances the quota volumes should be allocated in
initial shares , taking into account demand for these
products on the markets of the various Member States ;
Whereas Article 21 of the Cooperation Agreement between
the European Economic Community and the Socialist
Federal Republic of Yugoslavia ( l ) provides that plum spirit
marketed under the name Sljivovica , falling within
subheading ex 22.09 C IV a ) of the Common Customs
Tariff and originating in Yugoslavia , shall be imported into
the Community at customs duties of 0,3 ECU per hectolitre
per % volume of alcohol plus 3 ECU per hectolitre , within
the limits of an annual Community tariff quota of 5 420
hectolitres ; whereas these goods must be accompanied by a
certificate of authenticity ; whereas the tariff quota in
question should be opened for 1987 ;
Whereas , in order to take into account import trends for
the products concerned in the various Member States , the
quota amount should be divided into two instalments , the
first being shared among the Member States and the second
constituting a reserve to cover at a later date the
requirements of the Member States which have used up
their initial quota shares ; whereas , in order to give
importers in each Member State a certain degree of
security , the first instalment of the Community quota
should under the circumstances be fixed at 75% of the
quota volume ;
Whereas , since a Protocol as provided for in Articles 179
und 366 of the Act of Accession of Spain and Portugal does
not exist , the Community must take the measures referred
to in Articles 180 and 367 of that Act ; whereas the tariff
measure concerned will , therefore , apply to the
Community as constituted on 31 December 1985 ;
Whereas the Member States' initial shares may be used up
at different times ; whereas , in order to take this fact into
account and avoid any break in continuity , any Member
State which has almost used up its initial quota share
should draw an additional share from the reserve ; whereas
this must be done by each Member State as and when each
of its additional shares is almost used up , and repeated as
many times as the reserve allows ; whereas the initial and
additional shares must be valid until the end of the quota
period ; whereas this method of administration requires
close cooperation between the Member States and the
Commission , and the latter must be in a position to
monitor the extent to which the quota volume has been
used up and to inform the Member States thereof;
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access to
the abovementioned quota and uninterrupted application
of the rate laid down for that quota to all imports of the
products concerned into all Member States until the quota
has been used up ; whereas , having regard to the above
principles , the Community nature of the quota can be
respected by allocating the Community tariff quota among
the Member States ; whereas , in order to reflect as
accurately as possible the true trend of the market in the
products in question , such allocation should be in
Whereas if , at a given date in the quota period , a
substantial quantity remains unused in any Member State ,
it is essential that that Member State should return a
significant proportion to the reserve to prevent a part of(') OJ No L 41 , 14 . 2 . 1983 , p. 2 .
31 . 12 . 86 Official Journal of the European Communities No L 374 / 17
HAS ADOPTED THIS REGULATION :any tariff quota from remaining unused in one Member
State when it could be used in others ;
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 Union , any operation relating to the
administration of the quota shares allocated to that
economic union may be carried out by any of its
members ,
Article 1
1 . From 1 January to 31 December 1987 the Common
Customs Tariff duty in the Community , as constituted on
31 December 1985 , on the following products , shall be
suspended at the level and within the limits of a
Community tariff quota as shown herewith :
Order No CCT heading
No Description
Amount of
tariff quota
( hectolitre )
Tariff
quota
duty
09.1503 ex 22.09 C IV a ) Plum spirit , marketed under the name Sljivovica in
containers holding two litres or less , originating in
Yugoslavia
5 420 0,3 ECU per
hectolitre
per % volume
of alcohol
plus 3 ECU
per hectolitre
2 . Such goods , when imported , shall be accompanied by a
certificate . of authenticity , issued by the competent
Yugoslav authority , conforming with the model annexed to
this Regulation .
share equal to 15% of its initial share , rounded up where
necessary to the next unit .
2 . If , after its initial share has been used up , 90% or more
of the second share drawn by a Member State has been
used up , then that Member State shall , in accordance with
the conditions laid down in paragraph 1 , draw a third
share equal to 7,5% of its initial share .
3 . If , after its second share has been used up , 90% or
more of the third share drawn by a Member State has been
used up , that Member State shall , in accordance with the
conditions laid down in paragraph 1 , draw a fourth share
equal to the third .
This process shall continue until the reserve is used up .
Article 2
1 . A first instalment amounting to 4 050 hectolitres of the
Community tariff quota referred to in Article 1 , shall be
allocated among the Member States ; the shares which ,
subject to Article 5 , shall be valid until 31 December 1987 ,
shall be as follows :
(hectoliters)
Benelux
Denmark
Germany
Greece
France
Ireland
Italy
United Kingdom
200
100
3 725
5
5
5
5
5
4 . By way of derogation from paragraphs 1 , 2 and 3 , a
Member State may draw shares smaller than those fixed in
those paragraphs if there are grounds for believing that
they might not be used up . It shall inform the Commission
of its reasons for applying this paragraph .
2 . The second instalment amounting to 1 370 hectolitres
shall constitute the reserve .
Article 4
The additional shares drawn pursuant to Article 3 shall be
valid until 31 December 1987 .
Article 3
1 . If 90% or more of a Member State's initial share as
specified in Article 2 ( 1 ), or 90% of that share minus the
portion returned to the reserve where Article 5 has been
applied , has been used up , then , to the extent permitted by
the amount of the reserve , that Member State shall
forthwith , by notifying the Commission , draw a second
Article 5
The Member States shall return to the reserve , not later
than 1 October 1987 , such unused portion of their initial
share as , on 15 September 1987 , is in excess of 20% of the
No L 374 / 18 Official Journal of the European Communities 31 . 12 . 86
without interruption against their accumulated shares of
the tariff quota .
2 . The Member States shall ensure that importers of the
products in question have free access to the shares allocated
to them.
3 . The Member States shall charge the imports of the
products concerned against their shares as and when the
products are entered with customs authorities for free
circulation .
4 . The extent to which a Member State has used up its
share shall be determined on the basis of the imports
charged in accordance with paragraph 3 .
initial volume . They may return a larger quantity if there
are grounds for believing that this quantity may not be
used .
The Member States shall notify the Commission , not later
than 1 October 1987 , of the total quantities of the products
in question imported up to 15 September 1987 and charged
against the tariff quota and of any quantity of the initial
shares returned to the reserve .
Article 6
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3
and , as soon as it is notified , shall inform each Member
State of the extent to which the reserve has been used up .
It shall inform the Member States , not later than 5 October
1987 , of the amount in the reserve after quantities have
been returned thereto pursuant to Article 5 .
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available and , to this end , shall
notify the amount of the balance to the Member State
making the last drawing .
Article 7
1 . The Member States shall take all measures necessary to
ensure that additional shares drawn pursuant to Article 3
are opened in such a way that imports may be charged
Article 8
At the Commission's request , the Member States shall
inform it of imports actually charged against their shares .
Article 9
The Member States and the Commission shall cooperate
closely to ensure that this Regulation is complied with .
Article 10
This Regulation shall enter into force on 1 January 1987 .
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels , 16 December 1986 .
For the Council
The President
G. HOWE
ANEXO — BILAG — ANHANG — ΠΑΡΑΡΤΗΜΑ — ANNEX — ANNEXE — ALLEGATO — BIJLAGE — ANEXO
1 Exporter (name, full address , country)
Exportateur (nom, adresse complète , pays)
2 No ORIGINAL
3 Quota year
Année contingentaire
4 Country of destination
Pays de destination
6 Issuing authority
Organisme émetteur5 Consignee (name , full address , country)
Destinataire (nom , adresse complète , pays)
7
CERTIFICATE OF AUTHENTICITY
CERTIFICAT D'AUTHENTICITÉ8 Place and data of shipment — Means of transport
Lieu et date d'embarquement—Moyen de transport
Plum spirit 'Šljivovica'
Eau-de-vie de prunes «Šljivovica»
(CCT subheading ex 22 09 C IV a))
[Sous-position du TDC : ex 22.09 C IV a)]
9 Marks and numbers— Number and kind of packages
Marques et numéros— Nombre et nature des colis
11 Litres
Litres
10 «w vol of
alcohol
d'alcool
12 vol of alcohol and litres (in words)
Wo 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 'Šljivovica' described in this certificate corresponds with the definition given on the reverse.
Je certifie que l'eau-de-vie de prunes «Šljivovica» décrite dans ce certificat correspond à la définition figurant au verso .
Place Oate
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 ŠLIVOVICA 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 .
Full & Egal Universal Law Academy