negociaciones de tarifas aduaneras impuestas a productos españoles: jere

Commission of the European Communities

Repositori Institucional de la Universitat Jaume I

ARCHIVES HISTORIQUESDE LA COMMISSIONCOLLECTION RELIEE DESDOCUMENTS "COM"COM (78) 155Vol. 1978/0051DisclaimerConformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983concernant l'ouverture au public des archives historiques de la Communauté économiqueeuropéenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documentsclassifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 duditrèglement.In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983concerning the opening to the public of the historical archives of the European EconomicCommunity and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), asamended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in thisfile have been declassified in conformity with Article 5 of the aforementioned regulation.In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.Februar 1983 über die Freigabe der historischen Archive der EuropäischenWirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweiterforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5der genannten Verordnung freigegeben.COMMISSION OF THE EUROPEAN COMMUNITIESCOM(78 ) 155 finalBrussels , 13 April 1978 .Proposal for aCOUNCIL REGULATION (EEC )on the opening , allocating and providing for the administration ofa Community tariff quota for sherry falling within heading No ex 22.05of the Common Customs Tariff, originating in Spain( submitted to the Council "by the Commission )COM(78 ) 155 finalEXPLANATORY MEMORANDUMWhen the Aq ri?ement between the EEC and Spain has been signedin 197G , the Community bind oneself to grant a preferentialtariff regime the importations in the Community of certainwines with orig - ti spa -j n . tQ satisfy to this engagementthe Community has o^er^d each ye-^r two tariff quotas atreduced duty rates :( a ) sherry, wines( i ) in containers of two Litres oi i ess40 000 hi at CCT duty reduced by £Q%-( ii ) in containers of more than, two litr .» s310 000 hi at CCT duty reduced by 50% ;it being understood that trhese wines would remain subject tothe provisions governing the common organization of the marketin wine and especially to the reference price which is applicableto these wines .However / this regime has been provided only for the importationof these products into the six original Member States , whereasthe three new Member States have applied different regimes .In conformity with the Act of Accession imports of these productsinto the new Member States are subject , since 1 July 1977 , tothe customs duties inscrited into - the Common Customs Tariff .\In this situation , a uniform regime of importation should beestablished . Hence the forement ioned quota volumes should beincreased in such a manner as to take account of the traditionalquantities imported in the new Member States .This leads tQ an increase to- 108 000 hectolitres and 685 000 hectolitres for Sherry-wines .Because of difficulties encountered in fixing the reference pricewhich - in principle - should have been applicable as from 1 January1978 , the Community has opened , by Regulations (EEC) Nos 3012 / 77and 532 / 78 , four Community tariff quotas .These quotas cover the period between 1 January and 30 April J 978 /and amount in total to 36 000 hi and 228 340 hi .In order to comply with the Communitites obligation to Spain ,it is necessary to open tariff quotas for these products forthe period 1 May to 31 December 1978 for volumes amounting torespectively 72 000 hl and 456 660 hl ./This is subject of the annexed proposals .3 . These Regulation provide for the splitting up of the tariff volumesinto two parts , of which the first will be allocated among theMember States as quota share and the second will be kept as a reserve .In the absence of Community statistics , the initial quota shareshave been calculated on the basis of the most recent statistics onSpanish exports over a representative period and on Member States'forecasts .Spanish statistics can be considered to give a rough picture ofCommunity imports of the relevant products .4 . Because of the inherent particularities in trade in these wineswhich , additionaly , are different from one Member State to another ,the provisions of the Regulation , exceptionnally , do not lay downa common method of administration .Annex : 1 proposai for a Council Regulation .Proposal ofCOUNCIL REGULATION (EEC)on the opening, allocating and providing for the administration of a Commu-;nity tariff quota for sherry, falling within heading No ex 22.05 of the CommonCustoms Tariff, originating in Spain = ' ''THE COUNCIL OF THE EUROPEANCOMMUNITIES,Having regard to the Treaty establishing the EuropeanEconomic Community, and in particular Article113 thereof ,Having regard to the proposal from the Commission ,Whereas on the signing of the Agreement betweenthe European Economic Community and Spain ( ' ) on29 June 1970, the Community undertook to grantpreferential tariff arrangements for imports into theCommunity of certain wines originating in Spain , inparticular sherry ; whereas in order to satisfy thisundertaking, the Community has opened each yeartwo tariff quotas, namely : -■ – 40 000 hectolitres at a duty rate of 40 % of theCommon Customs Tariff duties, for sherry incontainers holding two litres or less, falling withinsubheadings ex 22.05 C III a) 1 and ex 22.05 C IV -a) 1 , originating in Spain and– 210 000 hectolitres at a duty rate of 50 % of theCommon Customs Tariff duties, for sherry incontainers holding more than two litres, fallingwithin subheadings ex 22.05 C III b) 1 and ex22.05 C IV b) 1 , originating in Spain ;Whereas these preferential tariff arrangements werelaid down only for imports of these products into theMember States of the Community as originally consti- -tuted ; whereas, under the Act of Accession , importa­tion of these products into the three > new MemberStates are subject to Common Customs Tariff dutieswith effect from 1 July 1 977 ; whereas the importarrangements for these products should be uniformthroughout the Community ; whereas therefore the _ 'aforementioned annual quotas should be increased to108 000 hectolitres and 685 000 hectolitres respec­tively ; whereas j-,y re ason of special circumstances the Community hasalready opened Community tariff quotas by Regulations ( EEC ) Nos 3012 / 77and 532 / 78 ( 4 ) for the global volumes of 36 000 hectoliters and 228 340hectoliters respectively for the period 1 January to 30 April 1978 ;whereas tariff quotas of 72 000 and 456 660 hectoliters respectivelyshould thus be opened for the said wines for the period . 1 Mayto 31 December 1978 ;( 2 ) 0J No L 182 , 16.8.1970 , p. 2( 3 ) 0J No L 355 , 31.12.1977 , p. 27( 4 ) 0J No L 74 , 16.3.1978 , p. 1 .Whereas £or particular reasons inherent in the. method of production and –distribution of the product concerned , the import of these wines into theCoiuimnity is for the greater part carried out in the last months_of_ eachyear ; whereas as a consequence the volume of the quotas opened .for theperiod 1 January to 30 April 1978 have not "been completely used up ; whereasby way of exception it is necessary to provide for the residual amounts , leftover from this period to he taken into consideration to "be used during . theperiod of validity of this Regulation;Whereas these wines remain subject to the provisionsgoverning the common organization of the market inwine ; whereas inclusion in the Community tariffquota should be subject to production of movementcertificate A.E. 1 and a certificate of designation ororigin as provided for in Regulation (EEC) No1 1 20/75 P); .Whereas/Council Regulation (EEC) No 2506/76 of 29September 1975 laying down special rules for theimportation of products in the wine-growing sectororiginating in certain third countries (^/introducedthe idea of a free -at- frontier reference price, being the' reference price less customs duties actually levied ;Whereas it is in particular necessary to ensure to allCommunity importers equal and uninterrupted accessto the abovementioned quotas and uninterruptedapplication of the' rates laid down for these quotas toall imports of the products concerned into all MemberStates until the quotas have been used up ; whereas,having regard to the principles mentioned , above, theCommunity nature of the quotas can be respected byallocating the Community tariff quotas among theMember States ; whereas, in order to reflect most accu­rately the actual development of the market in theproducts concerned, such allocation should be inproportion to the needs of the Member States,assessed by reference to both the statistics of eachState's imports of the said products from Spain over arepresentative period and the economic outlook . forthe quota period concerned ;Whereas available Community statistics give no infor­mation on the situation of sherry on the markets ;whereas, however, Spanish statistics for exports ofthese products to the Community during the last fewyears can be considered to reflect approximately thesituation of Community imports ; whereas on thisbasis the corresponding imports by each of theMember States during the last three years representthe following percentages of the imports into theCommunity from Spain of the products concerned :fSheriy-wines which enter the geog- .raphic territory of the Communityfrom 1 May 1978 shall observe thereference prices applicable to themand also the rules ofby whi ch is( 1 ) OJ No L 111 , 30.4.1975 » P * 1 9( 2 ) OJ No L 256 , 2.1.1976 , P - 2- 3 -1974 1976Sherry :– in containers holding two litres or less :yBénélux 45-5 49-5 62-5Denmark 3-7 5-2 5-7Germany . - 12-1 120 13-4France 0-4 0-3 0-3Ireland 2-8 1-3 1-0Italy 4-9 ■4 1-2United Kingdom 30-6 30-3 , 15-8– in containers holding more than two litres :Bénélux - 25-7 39-9 35-3Denmark 3-2 2-9 5-1Germany 2-4 2-9 3-4France 0-1 0-1 0-1Ireland I 1-0 0-7 0-9Italy 0-0 0-0 0-0United Kingdom . J 67-6 ' 53-5 55-2Whereas, in view of these factors and of the estimatessubmitted by certain Member States, initial quotashares may be fixed approximately at the followingpercentages :Member StatesSherry >n containers holdingcwo litresor lessmore thantwo litresBénélux 53-61 33-46Denmark 5-05 3-83Germany 13-20 2-99France 0-31 0-03Ireland 206 0-78Italy • I 2-11 0-01United Kingdom 23-66 58-90whereas, in order to take into account import trendsfor the products concerned in the different MemberStates, each of the quota amounts should be dividedinto two tranches, the first tranche being allocatedamong the Member States and the second forming areserve intended ultimately to cover the requirementsof the Member States which have used up their initialquota shares ; whereas, in order to ensure a certaindegree of security to importers in each Member State,the first instalment of the Community quotas shouldbe determined at a level which, under present circum­stances, may be about 90 % of each of the quotaamounts ;Whereas the initial quota shares of the Member Statesmay be used up at different times ; whereas, in orderto take this fact into account and avoid any break incontinuity, it is important that any Member Statehaving used up almost the whole of one of its initialquota shares should draw an additional quota sharefrom the corresponding reserve ; whereas this must bedone by each Member State as and when each of itsadditional , quota shares is almost entirely used up, andrepeated as many times as the reserve allows ; whereasthe initial and additional quota shares must be avail­able for use until the end of the quota period ;whereas this method of administration calls for closecooperation between Member States and the Commis­sion , which must, in particular, be able to observe theextent to which the quota amounts are used andinform Member States thereof ;Whereas since the Kingdom of Belgium, theKingdom of the Netherlands and the Grand Duchy ofLuxembourg are united in and represented by theBenelux Economic Union any measure concerningthe administration of the quota shares allocated tothat economic union may be carried out by any oneof its members,HAS ADOPTED THIS REGULATION :Article 1- ^December1 . From 1 May until 31 / 1978 , theCommon Customs Tariff duties in respect of the sher­ries mentioned below originating in Spain shall bepartially suspended at the levels or within the limits ofthe Community tariff quotas indicated for each ofthem : -- L -CCT KtMlint No Dc»erlption R«(c. { in ujVhl)Quota volume(in hl)ex 22.05 C III a) 1ex 22.05 C IV a) 1ex 22.05 C III b) 1ex 22.05 C IV b) 1sherrysherrysherrysherry5-45-85-56-0| 72 000456 000J Protocol on the definition of the concept of 'originating products' and onmethods of administrative cooperation , annexed to the Agreement between the EuropeanEconomic Community and Spain, shall be applicable.3: .. The ' nc ' usi0n of sherry in the Community tariff quotas referred to in paragraph 1shall be conditional upon production of a movement certificate A.E.I and a certificate of(Wgnanon of origin as provided for in Regulation (EEC) No 1120/75 and endorsed hytne Spanish customs authorities.The Sherry-wines entering the geographic territory of the Communityfrom 1 hay 1978 shall m addition , in order to benefit from these tariffquotas , observe the reference prices applicable to them and also pricesnot less than the free-at-frontier reference prices referred to inRegulation (EEC ) No 2506/75 and subsequent texts which apply thereto .Artide 21 . The quotas laid down in Article 1 shall be divided into two tranches.2. A first tranche of each quota shall be allocated among the Member States ; therespective shares which shall be valid until 31 / 1978 , shall be as follows :""Decemberi Sherry {ailing within subheadings :Member States ex 22.05 C III a) 1 ex 22.05 C III b) 1and andI ex 22.05 C IV a) 1 ex 22.05 C IV b) 1Bene ux 34 740 . I 137 520Denmark ' 3 270 15 740Germany _ 8 560 12 290France ! 200 120Ireland I 1 330 3 210Italy I 1 370 40United Kingdom I 15 330 242 080– Total !ι64 800 411 0003 « The shares fixed in paragraph 2 shall be increased by any partof the shares allocated under Regulations (EEC ) Nos 3012/77 and 532/78remaining on 30 April 1978 .Member States shall notify the Commission not later than15 Kay 1978 of any part of the shares allocated to them underthe above-mentioned Regulations remaining on 30 April 1 978.4 . The second instalment of each quota , i.e. 7 200 and 45 660hectolitres respectively , shall form the corresponding reserveto which any part of the reserves set up under Article 2 ofRegulations (EEC ) Nos 3012/77 and 532/78 remaining on 30 April1978 shall be added , irrespective of Article 5 .Article 31 . If 90 % or more of one of the initial shares of aMember State, as laid down in Article 2 (2), has beenexhausted, that Member State shall proceed withoutdelay, by notifying the Commission, to draw a secondshare equal to 10 % of its initial share, rounded up tothe next unit where appropriate, to the extent that theamount in the reserve allows.2. If, after one or other of its initial shares havebeen exhausted, 90 % or more of the second sharedrawn by a Member State has been used, that MemberState shall proceed in the manner specified in para­graph 1 to draw a . third share equal to 5 % of itsinitial share, rounded up to th«- ■:» -a where appro­priate.3 . If, after one or other of its second shares havebeen exhausted, 90 % or more of the third sharedrawn by a Member State has been used , that MemberState shall , in accordance with the same conditions,drawn a fourth share equal to the third .IThis process shall be applied until the reserve isexhausted .4. By way of derogation from paragraphs 1 , 2 and3, a Member State may proceed to draw shares smallerthan those fixed in those paragraphs, if there is reasonto believe that those shares might not be used up .They shall inform the Commission of the reasonswhich led them to apply this paragraph .quota and, where appropriate, the proportion of theirinitial share that is being returned to the reserve.' Article 4The additional shares drawn pursuant to Article 3shall be valid until 31 December 1978 .Article 5/ NovemberThe Member Stales shall return to the reserve, notlater than 15 / 1978 , the unused portion of theirinitial share which, on 1 November 1978 , is inexcess of 20 % of their initial amount. They mayreturn a larger portion if there are reasons forbelieving that such portion may not be used in full .The Member States shall , not later than 15 November1978 , notify the Commission of the total imports ofthe products concerned effected up to 1 November1978 inclusive, and charged against the CommunityArticle 6The Commission shall keep account of the sharesopened by Member States in accordance with Articles2 and 3 and shall inform each of them of the extentto which the reserve has been used as soon as itreceives the notifications._NovemberThe Commission shall ; not later than 20 / 1978,notify Member States of the amount in the reserveafter the return of shares pursuant to Article 5.The Commission shall ensure that any drawing whichuses up the reserve is limited to the balance availableand, for this purpose, shall specify the amount thereofto the Member State which makes the final drawing.Article 7). The Member States shall take all measures neces­sary to ensure that, when additional shares are drawnpursuant to Article 3, it is possible for charges to bemade without interruption against their accumulatedshares of the Community quota.17 The Member States shall ensure that importersof the said goods established in their territory havefree access to the shares allocated to them.3. The extent to which a Member State has used upits share shall be determined on the basis of theimports of the goods in question entered at customsfor home use.Article 8On receipt of a request from the Commission,Member States shall inform it of imports actuallycharged against their shares.Article 9The Member States and the Commission shall coop­erate closely in order to ensure that this Regulation isobserved.Article 10This Regulation shall enter into force on 1 May1978 . xThis Regulation shall be binding in its entirety and directly applicable in all MemberStates.Done at Brussels,For the CouncilThe President

Proposal for a Council Regulation (EEC) on the opening, allocating and providing for the administration of a Community tariff quota for sherry falling within heading Nº ex 22.05 of the Common Customs Tariff, originating in Spain. Submitted to the Council by the Commission

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Proposal for a Council Regulation (EEC) on the opening, allocating and providing for the administration of a Community tariff quota for sherry falling within heading Nº ex 22.05 of the Common Customs Tariff, originating in Spain. Submitted to the Council by the Commission

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