CELEX: 31977R3016
Language: en
Date: 1977-12-29 00:00:00
Title: Council Regulation (EEC) No 3016/77 of 29 December 1977 opening, allocating and providing for the administration of a Community tariff quota for liqueur wines falling within subheading ex 22.05 C of the Common Customs Tariff, originating in Cyprus and marketed under the label 'Cyprus Sherry', and introducing subsidies for similar wine products produced in the Community

No L 355/38                               Official Journal of the European Communities                             31 . 12. 77
                                         COUNCIL REGULATION (EEC) No 3016/77
                                                       of 29 December 1977
               opening, allocating and providing (or the administration of a Community tariff
               quota for liqueur wines falling within subheading ex 22.05 C of the Common
               Customs Tariff, originating in Cyprus and marketed under the label of 'Cyprus
               Sherry', and introducing subsidies for similar wine products produced in the
                                                            Community
THE COUNCIL OF THE EUROPEAN                                          and similar Community wines, provision was made, in
COMMUNITIES,                                                         respect of the latter, for the granting of aids, based on
                                                                     the difference, on the market of the Member States of
                                                                     destination, between the prices of Community liqueur
Having regard to the Treaty establishing the European                wines and the prices of the liqueur wines in question
Economic Community,                                                  originating in Cyprus ;
Having regard to the proposal from the Commission,
                                                                     Whereas, pending the implementation on 1 March
                                                                     1978 of new Community arrangements the tariff arran­
Whereas the exchange of letters referred to in Article               gements introduced by Regulation (EEC) No 2561 /77
12 of the Protocol laying down certain provisions                    for the second half of 1977 should be extended for the
relating to the Agreement establishing an Association                period from 1 January 1978 to 28 February 1978 and
between the European Economic Community and the                      a Community tariff quota should be opened for the
Republic of Cyprus consequent on the accession of                    products in question of a volume of 33 334 hectolitres
new Member States to the European Economic                           free of customs duties and the countervailing charge ;
Community (') makes provision for special interim
arrangements for the wine product exported under the
label of 'Cyprus Sherry', and intended for direct
human consumption, which involve the non­                            Whereas entry under the above Community tariff
application of countervailing charges on imports of                  quota must be conditional on the presentation of the
this wine into Ireland and the United Kingdom,                       A. CY. 1 movement certificate and on the wines being
within the limits of an annual quota of 200 000 hecto­               described as 'Cyprus Sherry' in the V.I. 1 document
litres ; whereas, to that end, Regulation (EEC) No                   provided for in Regulation (EEC) No 21 1 5/76 (6) ;
1253/73 (2), as amended by Regulation (EEC) No
3576/73 (3), as last extended and amended by Regula­
tion (EEC) No 1606/76 (4), introduced arrangements                   Whereas, the Community nature of the quota would
for imports of the wine product exported under the                   be respected by a system based on the allocation of
label of 'Cyprus Sherry', originating in and coming                  the Community tariff quota among the Member
from Cyprus, and provided for subsidies for similar                  States ; whereas, in order to reflect as accurately as
wine products produced in the Community as origi­                     possible the actual development of the market in the
nally constituted and exported to Ireland and the                     products concerned, such allocation should be in
United Kingdom ; whereas the arrangements in ques­                    proportion to the requirements of the Member States,
tion expired on 30 June 1977 ;                                        assessed by reference both to the statistics relating to
                                                                      imports of the said products from Cyprus over a repre­
Whereas, to allow for the disposal of existing stocks,                sentative period and to the economic outlook for the
Community arrangements were introduced for the                        quota period concerned ;
second half of 1977, in the form of a Community
tariff quota exempt from customs duties and the coun­
tervailing charge, by Regulation (EEC) No                             Whereas in this case, however, neither Community
2561 /77 (5) ; whereas these arrangements should not                  nor national statistics showing the breakdown for each
disturb the market in Community wines similar to                      of the types of wines in question are available ;
liqueur wines originating in Cyprus and covered by                    whereas estimating the import needs of the Member
this Regulation ; whereas, to avoid distortion of the                 States for the quota period is difficult because of the
conditions of competition between the said products                   absence of valid precedents ; whereas because of the
                                                                      small amount of the tariff quota the allocation thereof
(M  OJ   No  L 133,  21 . 5 . 1973 , p. 88 .                          between the Member States would result in such small
(2) OJ   No. L 133 , 21 . 5 . 1973 , p . 115.                         shares being allocated that they would no longer be
(3) OJ   No  L 359 , 28 . 12 . 1973, p. 33 .
(«) OJ   No  L 175,  1 . 7. 1976, p. 6 .
 5) OJ   No  L 299 , 23 . 11 . 1977, p. 1 .                           (6) OJ No L 299 , 23 . 11 . 1977, p. 1 .
 ---pagebreak---  31 . 12 . 77                      Official Journal of the European Communities                         No L 355/39
considered commercially viable ; whereas, as a result         tive cooperation annexed to the Agreement between
the only possible course would seem to be to allocate         the European Economic Community and Cyprus shall
the whole quota volume to the Community reserve               be applicable.
and to provide for the possibility of those Member
States in which needs might arise drawing appropriate         3 . The entry of these wines under the tariff quota
quantities from that reserve ; whereas the shares thus        referred to in paragraph 1 shall be conditional on
drawn from the reserve must be valid until the end of         their being described in the V.I.I document provided
the quota period ; whereas this form of administration        for in Regulation (EEC) No 2115/76 as 'liqueur wines
requires close collaboration between the Member               to be marketed under the label of "Cyprus Sherry" '.
States and the Commission , and the Commission
must, in particular, be in a position to follow the           4. Within the limits of the above tariff quota, the
extent to which the quota volume has been used up             products referred to in paragraph 1 shall be exempt
and inform the Member States thereof ;                        from the countervailing charges provided for in Regu­
                                                              lation (EEC) No 816/70 ('), as last amended by Regula­
                                                              tion (EEC) No 2211 /77(2 .
Whereas if, at a given date in the quota period, a
Member State hs a considerable quantity of the initial
share left over, it is essential that it should return a
                                                                                      Arti - : 2
significant proportion thereof to the reserve to prevent
a part of the Community quota from remaining
unused in one Member State when it could be used in           1 . The quota laid down in Article 1 shall be allo­
others ;                                                     cated to the Community reserve.
                                                              2. If needs for the product in question arise in a
Whereas since the Kingdom of Belgium, the                    Member State, it shall draw an adequate share from
Kingdom of the Netherlands and the Grand Duchy of            the reserve thus set up, in so far as the amount of the
Luxembourg are united in and represented by the              reserve permits this.
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                                   Article 3
members,
                                                             The shares drawn pursuant to Article 2 shall be valid
                                                             until 28 February 1978 .
HAS ADOPTED THIS REGULATION :                                                         Article 4
                                                             Member States shall return to the reserve, not later
                                                             than 20 February 1978, the unused portion of their
                         Article 1                           share which, on 10 February 1978 is in excess of
                                                             20 % of the initial amount. They may return a greater
                                                             portion if there are grounds for believing that such
1.      From 1 January until 28 February 1978 , the          portion might not be used in full.
Common Customs Tariff duties in respect of the
following products originating in Cyprus shall be            Each Member State shall, not later than 20 February
totally suspended within the limits of an overall             1978 , notify the Commission of the total imports of
Community tariff quota of 33 334 hectolitres.                the products concerned effected under the Commu­
                                                             nity quota up to and including 10 February 1978 and,
      CCT heading No
                                                             where appropriate, the proportion of the share
                                   Description
                                                             returned to the reserve .
ex   22.05 C II a)
ex   22.05 C II b)      ]
                                                                                      Article 5
ex   22.05 C III a) 2  Γ Liqueur wines marketed under
ex   22.05 C III b) 3  f the label of 'Cyprus Sherry'
ex   22.05 C IV a) 2   \                                     The Commission shall keep account of the shares
ex   22.05 C IV b) 3   '                                     opened by Member States pursuant to Article 2 and,
                                                             as soon as it has been notified, shall inform each State
                                                             of the extent to which the reserve has been used.
2. The Protocol on the definition of the concept of          te OJ No L 99, 5. 5. 1970, p. 1 .
'originating products' and on methods of administra­         (2) OJ No L 256, 7. 10 . 1977, p. 1 .
 ---pagebreak--- No L 355/40                       Official Journal of the European Communities                            31 . 12. 77
The Commission shall notify Member States not later          marketed under this Regulation products referred to
than 23 February 1978 of the amount in the reserve           in Article 1 .
after the return of shares pursuant to Article 4.
                                                             2.    The subsidies referred to in paragraph 1 shall be
The Commission shall ensure that the drawing which           calculated on the basis of the difference, on the
uses up the reserve is limited to the balance available      markets of the importing Member States, between the
and, to this end, shall specify the amount thereof to        prices of Community liqueur wines and those of the
the Member State making the final drawing.                   liqueur wine marketed under the label of 'Cyprus
                                                             Sherry'.
                       Article 6
                                                                                      Article 8
1.    Member States shall take all measures necessary
to ensure that shares drawn pursuant to Article 2 are        Detailed rules in respect, particularly, of the amount
opened in such a way that imports may be charged             of the subsidy and of the Community liqueur wine
without interruption against their aggregrate shares in      eligible for aid, shall be adopted in accordance with
the Community quota.                                         the procedure laid down in Article 7 of Regulation
2. Each Member State shall ensure that importers             No 24 on the progressive establishment of a common
of the products concerned established in their terri­        organization of the market in wine (1 ).
tory have free access to the shares allocated to it.
                                                                                      Article 9
3.    The extent to which a Member State has used up
its shares shall be determined on the basis of the           At the request of the Commission, Member States
imports of the products in question entered for home         shall inform it of imports actually charged against
use .                                                        their shares.
                       Article 7                                                      Article 10
 1 . Subsidies shall be granted for liqueur wines of         The Member States and the Commission shall colla­
Community origin similar to the liqueur wines                borate closely in order to ensure that this Regulation
described in the V.I.I document provided for in Regu­        is observed.
lation (EEC) No 2115/76 as 'liqueur wines to be
marketed under the label of "Cyprus Sherry" ' which                                   Article 11
are dispatched by 28 February 1978 from the
producer Member States to the other Member States            This Regulation shall enter into force on 1 January
of the Community which have actually imported and             1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 December 1977.
                                                                         For the Council
                                                                            The President
                                                                            H. SIMONET
                                                              (!) OJ No 30, 20 . 4. 1962, p . 989/ 62.