No L 380 /42 Official Journal of the European Communities 31 . 12 . 86
COUNCIL REGULATION (EEC) No 4124 / 86
of 22 December 1986
opening, allocating and providing for the administration of a Community tariff quota for
certain wines falling within subheading ex 22.05 C of the Common Customs Tariff and
originating in Algeria ( 1987 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES , 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 of Ten ;
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
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 Algeria 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 20 of the Cooperation Agreement between
the European Economic Community and the People's
Democratic Republic of Algeria (*) provides for preferential
treatment for the importation of certain wines having a
designation of origin and falling within subheading ex
22.05 C of the Common Customs Tariff; whereas the
application of this treatment is limited until 30 June 1981 ;
whereas the period for this treatment was last extended
until 31 December 1986 by Regulation (EEC) No
3669 / 85 ( 2 );
Whereas Council Regulation (EEC) No 4123 / 86 ( 3 )
provides for the treatment which the Community has
applied until 31 December 1986 to be extended until
31 December 1987 ; whereas this treatment provides that
certain wines having a designation of origin , falling within
subheading ex 22.05 C of the Common Customs Tariff
and originating in Algeria shall be exempt from customs
duties on importation into the Community within the limits
of a Community tariff quota of 450 000 hectolitres ;
whereas the wines must be put up in containers holding a
maximum of two litres ; whereas these wines must be
accompanied by a certificate of designation of origin in
accordance with the model given in Annex D to the
Agreement ; whereas the Community tariff quota in
question should therefore 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 ( 4 ), as last
amended by Regulation (EEC) No 3805 / 85 ( 5 ), must be
complied with ;
Whereas , since a Protocol as provided for in Articles 179
and 366 of the Act of Accession of Spain an Portugal does
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 51 % of
the quota volume ;
i 1 ) OJ No L 263 , 27 . 9 . 1978 , p. 2 .
( 2 ) OJ No L 354 , 30 . 12 . 1985 , p . 19 .
( 3 ) See page 41 of this Official Journal
( 4 ) OJ No L 54 , 5 . 3 . 1979 , p. 1 .
( s ) OJ No L 367 , 31 . 12 . 1985 , p. 39 .
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
31 . 12 . 86 Official Journal of the European Communities No L 380 / 43
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
administration of the shares allocated to that economic
union may be carried out by any one of its members ,
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 the 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;
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 customs
duties applicable in the Community of Ten 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
( HI )
Tariff
quota
duty
09.1001 ex 22.05 C Wine of fresh grapes :
ex C. Other :
— Wines entitled to one of the following designations
of origin :
Ai'n Bessem-Bouira , Medea , Coteaux du Zaccar ,
Dahra , Coteaux de Mascara , Monts du Tessalah ,
Coteaux de Tlemcen , of an actual alcoholic
strength by volume not exceeding 15 % vol , in
containers holding two litres or less , originating in
Algeria 450 000 free
(hectolitres)
37 350
22 500
48 000
1 000
46 000
15 300
22 500
37 350
Benelux
Denmark
Germany
Greece
France
Ireland
Italy
United Kingdom
3 . The second instalment amounting to 220 000
hectolitres shall constitute the reserve .
2 . The wines in question are subject to compliance with
the free-at-frontier reference price .
The wines in question shall benefit from this tariff quota on
condition that Article 18 of Regulation (EEC ) No 337 / 79
shall be complied with .
3 . Each of these wines , when imported , shall be
accompanied by a certificate of designation of origin ,
issued by the relevant Algerian authority , in accordance
with the model annexed to this Regulation .
The example of certificate which appears in the Annex to
Regulation (EEC ) No 3670 / 85 (*) may , however , be
accepted 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 of the quota shall be allocated among
the Member States ; the shares , which subject to Article 5
shall be valid up to 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 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 .
(») OJ No L 354 , 30 . 12 . 1985 , p 20 .
2 . If, after its initial share has been used up , 90 % or
more of the second share drawn by a Member State has
No L 380 / 44 Official Journal of the European Communities 31 . 12 . 86
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 .
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 .
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 notifiy 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 .
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
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 . 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
shares be determined on the basis of the imports charged in
accordance with paragraph 3 .
Article 8
At the request of the Commision , Member States shall
inform it of imports actually charged against their shares .
Article 9
The Member States and the Commision shall collaborate
closely in order to ensure that this Regulation is
observed .
Article 4
The additional share drawn pursuant to Article 3 shall be
valid until 31 December 1987 .
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 . The may return a greater quantity if there
are grounds for believing that this quantity might not be
used in full .
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
initial amount . They may return a greater quantity if there
are grounds for believing that this quantity might not be
used in full .
Article 6
The Commission shall keep an account of the shares
opened by Member States pursuant to Articles 2 and 3 and ,
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
ANEX — BILAG — ANHANG — MAPAPTHMA — ANNEX — ANNEXE — ALLEGATO — BIJLAGE — ANEXn
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 DESIGNATIC «I OF ORIGIN
CERTIFICAT D'APPELLATION »'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 10 .
and kind οτ packages — Marques et numéros , nombre et nature des colis : Gross weight
Pok » brut
Litres
Litres
12 . Litres ( in words) — Litres (en lettres ) :
13 . Certificate of the issuing authority — Vis ,. de l'organisme émetteur :
14 . Customs stamp — Visa de la
douane :
( See the translation under No 15 — Voir traduction au n0
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 alcohol 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 . ('
(') Space reserved for additional details given in the exporting country.
( 1 ) Case réservée pour d'autres indications du pays exportateur.
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