No L 380 / 34 Official Journal of the European Communities 31 . 12 . 86
COUNCIL REGULATION (EEC) No 4120 / 86
of 22 December 1986
opening, allocating and providing for the administration of a Community tariff quota for
wines of fresh grapes falling within subheading ex 22.05 C of the Common Customs Tariff
and originating in Cyprus ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES , and Portugal , the Community must take the measures
referred to in Articles 180 and 367 of the said Act ; whereas
the tariff measure in question therefore applies to the
Community of Ten ;
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 rates 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
proportion to the requirements of the Member States ,
calculated by reference to the statistics for imports of the
products in question from Cyprus over a representative
reference period and also to the economic outlook for the
quota period concerned ;
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 the Supplementary Protocol to the Agreement
establishing an Association between the European
Economic Community and Cyprus ( J ) came to an end on
31 December 1980 , whereas to avoid interruption of its
trade relations with that country , the Community has made
applicable for 1984 the provisions of the abovementioned
Protocol in Council Regulation (EEC) No 3700 / 83 of
22 December 1983 laying down the arrangements
applicable to trade with Cyprus ( 2 );
Whereas , pending the definition of arrangements applicable
beyond 31 December 1984 , it is necessary to extend
provisionally for 1987 the arrangements which the
Community applies currently to trade with Cyprus on the
basis of the abovementioned Protocol ;
Whereas the abovementioned Protocol provides for the
opening of an annual Community tariff quota of 10 000
hectolitres of certain wines of fresh grapes , in containers
holding two litres or less , falling within subheading ex
22.05 C of the Common Customs Tariff and originating in
Cyprus , at rates of customs duty equal to 25 % of the
customs duty in the Common Customs Tariff , whereas the
Community tariff quota should be opened for the period
1 January 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 ( 3 ) as last
amended by Regulation (EEC ) No 3805 / 85 ( 4 ), must be
complied with ;
Whereas , in the absence of a protocol such as that provided
for in Articles 179 and 366 of the Act of Accession of Spain
Whereas , however , neither Community nor national
statistics showing the breakdown for each of the types of
wine in question are available and no reliable estimates of
future imports can be made ; whereas , in these
circumstances , the quota should be allocated in initial
shares on the basis of the likely demand for these wines on
the markets of the various Member States ;
Whereas , in order to take into account import trends for
the products concerned in the various Member States , the
quota volume 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 o( 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
present circumstances be fixed at 80 % of the quota
volume ;
H OJ No L 172 , 28 . 6 . 1978 , p. 2 .
( 2 ) OJ No L 369 , 30 . 12 . 1983 , p. 1 .
( 3 ) OJ No L 54 , 5 . 3 . 1979 , p. 1 .
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( 4 ) OJ No L 367 , 31 . 12 . 1985 , p . 39 .
31 . 12 . 86 Official Journal of the European Communities No L 380 / 35
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 Member States and the
Commission , and the latter must be in position to monitor
the extent to which the quota volume has been used up and
to inform the Member States ;
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 ,
HAS ADOPTED THIS REGULATION :
Article 1
1 . From 1 January to 31 December 1987 on the import
into the Community of Ten the customs duties for the
following products , originating in Cyprus shall be
suspended at the levels and within the limits of a
Community tariff quota of 10 000 hectolitres as follows :
Whereas , if at a given date in the quota period a substantial
quantity of an initial share 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
any Community quota from remaining unused in one
Member State when it could be used in others ;
Order
No
CCT
heading
No
Description
Quota
duty
09.1415 22.05 Wine of fresh grapes ; grape must with fermentation 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 :
— Wine of fresh grapes
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 :
— Wine of fresh grapes other than liqueur wines of an actual
alcoholic strength by volume of 15 % vol
3,6 ECU per hi
4,2 ECU per hi
3 . The second instalment , amounting to 2 000 hectolitres ,
shall constitute the reserve .
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 .
Article 2
1 . The Communitiy tariff quota referred to in Article 1
shall be divided into two instalments .
2 . A first instalment , amounting to 8 000 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 3
1 . If 90 % or more of a Member State's initial share as
specified in Article 2 ( 2 ), 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
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 , rounded up where
necessary to the next unit .
3 . If , after its second share has been used up , 90 % or
more of the third share drawn by a Member State has been
Benelux
Denmark
Germany
Greece
France
Ireland
Italy
United Kingdom
(hectolitres)
10
380
540
10
10
340
10
6 700
No L 380 / 36 Official Journal of the European Communities 31 . 12 . 86
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 .
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 .
Article 4
The additional shares drawn pursuant to Article 3 shall be
valid until 31 December 1987 .
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 ,
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
without interruption against their accumulated shares of
the Community 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 extent to which a Member State has used up its
share shall be determined on the basis of imports of the
products in question entered with the customs authorities
for free circulation .
Article 8
At the Commission's request , the Member States shall
inform it of imports of the products concerned actually
charged against their shares .
Article 9
The Member States and the Commission shall cooperate
closely in order to ensure that this Regulation is complied
with .
Article 10
This Regulation shall enter into force on 1 January 1987 .
Article 5
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 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 Member States in accordance with 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 .
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
Full & Egal Universal Law Academy