31 . 12 . 86 Official Journal of the European Communities No L 380 / 7
COUNCIL REGULATION (EEC) No 4112 / 86
of 22 December 1986
opening, allocating and providing for the administration of a Community tariff quota for
certain wines having a registered designation of origin , falling within subheading ex 22.05 C
of the Common Customs Tariff and originating in Yugoslavia ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES , 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 most
accurately the actual development of the market in the
products in question , such allocation should be in
proportion to the requirements of the Member States ,
assessed by reference to both the statistics relating to
imports of the said products from Yugoslavia over a
representative reference period and the economic outlook
for the quota period concerned ;
Whereas in this case , however , neither Community nor
national statistics showing the breakdown for each of the
types of wines in question 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 wines
on the markets of the various Member States ;
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 Article 22 of the Cooperation Agreement between
the European Economic Community and the Socialist
Federal Republic of Yugoslavia ( ! ) stipulates that certain
wines having a registered designation of origin falling
within subheading ex 22.05 C of the Common Customs
Tariff, originating in Yugoslavia and specified in the
Agreement in the form of an exchange of letters of 1 8 July
1983 , shall be imported into the Community at customs
duties equal to 70 % of the duties of the Common Customs
Tariff within the limits of an annual Community tariff
quota of 12 000 hectolitres ; whereas these wines must be
put in containers holding two litres or less and must be
accompanied by a certificate of designation of origin in
accordance with the model appearing in the Annex to this
Regulation ; whereas a tariff quota of 12 000 hectolitres
should therefore be opened for the period up to
31 December 1987 ;
Whereas the wines in question are subject to compliance
with the free-at-frontier reference price ; whereas , in
order that such wines may benefit from this tariff quota ,
Article 18 of Regulation (EEC) No 337 / 79 ( 2 ), as last
amended by Regulation (EEC) No 3805 / 85 ( 3 ), must be
complied with ;
Whereas , since a Protocol as provided for in Articles 79
and 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 it is in particular necessary to ensure equal and
uninterrupted access for all Community importers to the
abovementioned quota , and uninterrupted application of
the rates laid down for this quota to all imports of the
products concerned into the Member States until the quota
has been used up ; whereas , having regard to the above
Whereas , 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 allocated among the Member States and the
second held as a reserve intended to cover at a later date the
requirements of Member States who have used up their
initial share ; whereas , in order to guarantee some degree of
security to importers in each Member State , the first
instalment of the Community quota should be fixed at a
level which could , in the present circumstances , be 85 % of
the quota volume ;
Whereas the initial shares of the Member States may be
used up at different rates ; whereas , in order to take this
into account and to avoid a break in continuity , any
Member State which has used up almost all of its initial
share should draw an additional share from the reserve ;
whereas this should be done by each Member State each
time one of its additional shares is almost used up , and so
on as many times as the reserve allows ; whereas the initial
and additional shares must be valid until end of the quota
period ; whereas this form of administration requires close
collaboration between the Member States and the
Commission , and the Commission must be in a position to
follow the extent to which the quota volume has been used
up and inform the Member States thereof;
0 ) OJ NoL 41 , 14 . 2 . 1983 , p. 2 .
( 2 ) OJ NoL 54 , 5 . 3 . 1979 , p. 1 .
( 3 ) OJ No L 367 , 31 . 12 . 1985 , p . 39 .
No L 380 / 8 31 . 12 . 86Official Journal of the European Communities
administration of the shares allocated to that economic
union may be carried out by any one of its members .
Whereas , if at a given date in the quota period a substantial
quantity of its initial share remains unused in any Member
State , it is essential that it should return a significant
proportion thereof to the reserve , to prevent part of the
Community quota remaining unused in one Member State
when it could be used in others ;
HAS ADOPTED THIS REGULATION:
Article 1
1 . From 1 January to 31 December 1987 the Common
Customs Tariff duties in respect of the following products
originating in Yugoslavia shall be suspended in the
Community as constituted on 31 December 1985 at the
levels and within the limit of a Community tariff quota as
shown herewith :
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 , all transactions concerning the
Order
No
CCT
heading
No
Descriptions
Volume of
the quota
( in hi )
Rates of
duty
09.1501 22.05 Wine of fresh grapes ; grape must with fermentations arrested
by the addition of alcohol :
C. Other :
I. Of an actual alcoholic strength by volume not
exceeding 13 % vol , in containers , holding :
ex a ) Two litres or less :
— wines entitled to one of the following
designations of origin :
— Ljutomersko — Ormoške gorice , Laški
Rizling
— Ohrid , Merlot
— Herzegovina — Mostar :
— Žilavka
— Blatina
— Fruška Gora , Talijanski Rizling
— Oplenac , Lipovac
— Istra , Merlot
— Tikveš :
— Krater
— Kratošija
— Srednja i juzna dalmacija :
— Dingač
— Kăstelet
— Crna Gora , Vranac
II . Of an actual alcoholic strength by volume exceeding
13 % vol but not exceeding 15 % vol , in containers ,
holding :
ex a ) Two litres or less :
— wines entitled to one of the following
designations of origin :
— Ljutomersko — Ormoške gorice , Laški
Rizling
— Ohrid , Merlot
— Herzegovina — Mostar :
— Žilavka
— Blatina
— Fruška Gora , Talijanski Rizling
— Oplenac , Lipovac
— Istra , Merlot
— Tikveš :
— Krater
— Kratošija
— Srednja i južna dalmacija :
— Dingač
— Kăstelet
— Crna Gora , Vranac
12 000
• 10,1 ECU / hl
> 11,8 ECU / hl
31 . 12 . 86 Official Journal of the European Communities No L 380 / 9
4 . Notwithstanding paragraphs 1 , 2 and 3 , Member
States may draw smaller shares than those fixed in these
paragraphs if there is reason to believe that those fixed
might not be used up . They shall inform the Commission
of their grounds for applying this paragraph .
2 . The wines in question shall be subject to compliance
with the free-at-frontier reference price . In order that such
wines may benefit from this tariff quota , Article 18 of
Regulation (EEC) No 337 / 79 must be complied with .
3 . Each of these wines , when imported , shall be
accompanied by a certificate of designation of origin ,
issued by the relevant Yugoslavian authority , in accordance
with the model annexed to this Regulation . Article 4
The additional shares drawn pursuant to Article 3 shall be
valid until 31 December 1987 .Article 2
1 . The Community tariff quota referred to in Article 1
shall be divided into two instalments .
2 . A first instalment , amounting to 10 150 hectolitres
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 :
Article 5
Member States shall return to the reserve , not later than
1 October 1987 , the unused portion of their initial shares
which on 15 September 1987 is in excess of 20 % of the
initial amount . They may return a greater quantity if there
are grounds for believing that this quantity might not be
used in full .Benelux
Denmark
Germany
Greece
France
Ireland
Italy
United Kingdom
(hectolitres)
900
700
7 500
10
500
20
10
510
Member States shall notify the Commission , not later than
1 October 1987 , of the total imports of the products
concerned effected under the Community quotas up to and
including 15 September 1987 and , where appropriate , the
proportion of their initial share that they are returning to
the reserve .
3 . The second instalment , amounting to 1 850 hectolitres ,
shall constitute the reserve .
Article 6
The Commission shall keep an account of the shares
opened by Member States pursuant to Articles 2 and 3 and ,
as soon as it has been notified , shall inform each Member
State of the extent to which the reserve has been used up .
It shall notify the Member States , not later than 5 October
1987 , of the state of the reserve after quantities have been
returned thereto pursuant to Article 5 .
Article 3
1 . If 90 % or more of a Member State's initial share , as
specified in Article 2 ( 2 ), or of that share less the portion
returned to the reserve where Article 5 has been applied ,
has been used up , that Member State shall , without delay ,
by notifying the Commission , draw a second share equal to
15 % of its initial share , rounded up where necessary to the
next whole number , in so far as the amount in the reserve
allows .
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 , 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 to apply until the reserve is used
up .
It shall ensure that the drawing which uses up the reserve is
limited to the balance available and , to this end , shall
specify the amount thereof to the Member State making the
final drawing .
Article 7
1 . 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
No L 380 / 10 Official Journal of the European Communities 31 . 12 . 86
without interruption against their aggregate shares in the
Community quota .
2 . Member States shall ensure that importers of the
products have free access to the shares allocated to them .
3 . 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
shares shall be determined on the basis of the imports
charged in accordance with paragraph 3 .
Article 8
At the request of the Commission , Member States shall
inform it of imports actually charged against their shares .
Article 9
The Member States and the Commission shall collaborate
closely in order to ensure that this Regulation is
observed .
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 , 22 December 1986 .
For the Council
The President
G. SHAW
ANEXO — BILAG — ANHANG — ΠΑΡΑΡΤΗΜΑ — ANNEX — ANNEXE — ALLEGATO — BIJLAGE — ANEXO
1 . Exporter — Exportateur CERTIFICATE OF DESIGNATION OF ORIGIN
CERTIFICAT D'APPELLATION D'ORIGINE
YUGOSLAV WINES VINS YOUGOSLAVES
No 000000
2 . Consignee — Destinataire 3 . ISSUING AUTHORITY — ORGANISME ÉMETTEUR
4. Designation of origin — Appellation d'origine
5 . Marks and numbers — Number and kind of packages
Marques et numéros — Nombre et nature des colis
S. Gross mass ( kg )
Masse brute ( kg
7 . Litres
Litres
8 . Litres ( in words) — Litres (en lettres )
9 . CERTIFICATION BY THE ISSUING AUTHORITY - VISA DE L'ORGANISME EMETTEUR
The wine described in this certificate is wine produced within the wine district of
and is considered by Yugoslav legislation as entitled to the designation of origin '
Le vin décrit dans le present certificat a ete produit dans la zone viticole de
et est reconnu , suivant la loi yougoslave, comme ayant droit à la dénomination d'origine
Place — Lieu Date — Date Signature and stamp — Signature et cachet :
Full & Egal Universal Law Academy