CELEX: 31977R2561
Language: en
Date: 1977-11-21 00:00:00
Title: Council Regulation (EEC) No 2561/77 of 21 November 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 of 'Cyprus sherry', and introducing subsidies for similar wine products produced in the Community (1977)

23. 11 . 77                               Official Journal of the European Communities                            No L 299/ 1
                                                                   i
                                                (Acts whose publication is obligatory)
                                         COUNCIL REGULATION (EEC) No 2561 /77
                                                       of 21 November 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 of 'Cyprus
               sherry', and introducing subsidies for similar wine products produced in the
                                                         Community ( 1977)
THE COUNCIL OF THE EUROPEAN                                           Whereas, as from 1 July 1977, imports of the product
 COMMUNITIES,                                                         in question into the United Kingdom and Ireland, the
                                                                      traditional markets for the wine marketed under the
 Having regard to the Treaty establishing the European                label of 'Cyprus sherry', should, under the Act of
 Economic Community, and in particular Articles 43                    Accession, be subject to the Common Customs Tariff
and 1 1 3 thereof,                                                    duties :
 Having regard to the proposal from the Commission,
                                                                      Whereas, to allow for the disposal of existing stocks,
 Having regard to the opinion of the European Parlia­                 Community arrangements should be introduced for
 ment ( !),                                                           the second half of 1977, in the form of a Community
                                                                      tariff quota exempt from customs duties and the coun­
Whereas the exchange of letters referred to in Article                tervailing charge ;
 12 of the Protocol laying down certain provisions
 relating to the Agreement establishing an Association
between the European Economic Community and the
Republic of Cyprus consequent on the accession of                     Whereas these arrangements should not disturb the
new Member States to the European Economic                            market in Community wines similar to liqueur wines
 Community (2) makes provision for special interim                    originating in Cyprus and covered by this Regulation ;
                                                                      whereas, to avoid distortion of the conditions of
arrangements for the wine product exported under the
 label of 'Cyprus sherry' and intended for direct human               competition between the said products and similar
consumption, which involve the non-application of                     Community wines, provision should be made, in
countervailing charges on imports of this wine into                   respect of the latter, for the granting of aids, based on
                                                                      the difference, on the market of the Member States of
 Ireland and the United Kingdom , within the limits of
an annual quota of 200 000 hectolitres ;                              destination, between the prices of Community liqueur
                                                                      wines and the prices of the liqueur wines in question
Whereas, to that end, Regulation (EEC) No                             originating in Cyprus ;
 1253/73 (3), as amended by Regulation (EEC) No
3576/73 (4), as last extended and amended by Regula­
tion (EEC) No 1606/76 (5), introduced arrangements                    Whereas a Community tariff quota should be opened
for imports of the wine product exported under the                    under the conditions set out above and within the
label of 'Cyprus sherry', originating in and coming                   limits of 100 000 hectolitres for the period 1 July to
from Cyprus, and provided for subsidies for similar                   31 December 1977 ;
wine products produced in the Community as origi­
nally constituted and exported to Ireland and the
United Kingdom ; whereas the arrangements in ques­                    Whereas entry under the above Community tariff
tion expired on 30 June 1977 ;                                        quota must be conditional on the presentation of the
                                                                      A.CY.l movement certificate and on the wines being
0)01    No  C 266,  7 . 11 . 1977, p. 25 .                            described as 'Cyprus sherry' in the V.I.I document
(2) OJ  No  L 133 , 21 . 5 . 1973 , p . 88 .                          provided for in Regulation (EEC) No 21 1 5/76 (6) ;
(3) OJ  No  L 133 , 21 . 5 . 1973 , p . 115 .
(4) OJ  No  L 359,  28 . 12. 1973 , p. 33 .
(5) OJ  No  L 175,  1 . 7. 1976, p . 6 .                              (6) OJ No L 237, 28 . 8 . 1976, p. 1 .
 ---pagebreak--- No L 299 / 2                      Official Journal of the European Communities                                    23 . 11 . 77
Whereas it is in particular necessary to ensure equal       position to follow the extent to which the quota
and uninterrupted access to the abovementioned              volume has been used up and inform the Member
quota for all Community importers and uninterrupted         States thereof ;
application of the rates laid down for that quota to all
imports of the products concerned into all Member           Whereas if, at a given date in the quota period, a
States until the quota has been used up ; whereas,          Member State has a considerable quantity of the
having regard to the above principles, the Community        initial share left over, it is essential that it should
nature of the quota would be respected by allocating
the Community tariff quota among the Member                 return a significant proportion thereof to the reserve
States ; whereas, in order to reflect as accurately as      to prevent a part of the Community quota from
                                                            remaining unused in one Member State when it could
possible the actual development of the market in the        be used in others ;
products concerned, such allocation should be in
proportion to the requirements of the Member States,
assessed by reference to both the statistics relating to    Whereas, since the Kingdom of Belgium, the
imports of the said products from Cyprus over a repre­       Kingdom of the Netherlands and the Grand Duchy of
sentative period and the economic outlook for the            Luxembourg are united in and represented by the
quota period concerned ;                                     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,
Whereas in this case, however, neither Community
nor national statistics showing the breakdown for each
of the types of wines in question are available ;
whereas, in these circumstances, the quota volume            HAS ADOPTED THIS REGULATION :
should be allocated in initial shares, taking into
account demand for these wines on the markets of the
various Member States and the requirements indicated
by certain Member States ;                                                           Article 1
                                                             1.    Until 31 December 1977, the Common Customs
                                                             Tariff duties in respect of the following products origi­
Whereas, in order to take into account import trends         nating in Cyprus shall be totally suspended within the
for the products concerned in the different Member           limits of an overall Community tariff quota of
States, the quota amount should be divided into two          100 000 hectolitres.
instalments, the first being allocated among the
Member States and the second held as a reserve
                                                                       CCT
intended to cover at a later date the requirements of                heading                  Description of goods
                                                                        No
Member States which have used up their initial share ;
whereas, in order to guarantee some degree of security
to importers in each Member State, the first instal­         ex  22.05 C   IIa)    v
ment of the Community quota should be fixed at a             ex  22.05 C   IIb)    J
level which could, in the present circumstances, be          ex  22.05 C  III a) 2 f Liqueur wines marketed under the
99 % of the quota volume ;                                   ex  22.05 C  III b) 3 i label of 'Cyprus sherry'
                                                             ex  22.05 C  IV a) 2
                                                             ex  22.05 C  IV b) 3  '
Whereas the initial shares of the Member States may
be used up at different times ; whereas, in order to         2.    The Protocol on the definition of the concept of
take this into account and to avoid disruption, any          'originating products' and on methods of administra­
Member State which has used up almost all of its             tive cooperation annexed to the Agreement between
initial share should draw a supplementary share from         the European Economic Community and Cyprus shall
the reserve ; whereas this should be done by each            be applicable.
Member State each time one of its supplementary
shares is almost used up, and so on as many times as
the reserve allows ; whereas the initial and supplemen­      3 . The entry of these wines under the tariff quota
tary shares should be valid until the end of the quota       referred to in paragraph 1 shall be conditional on
period ; whereas this form of administration requires        their being described in the V.I.l document provided
close collaboration between the Member States and            for in Regulation (EEC) No 2115/76 as 'liqueur wines
the Commission, and the Commission must be in a              to be marketed under the label of "Cyprus sherry" '.
 ---pagebreak---  23 . 11 . 77                         Official Journal of the European Communities                          No L 299/3
4. Within the limits of the above tariff quota, the             fixed in the said paragraphs, if there is reason to
 products referred to in paragraph 1 shall be exempt            believe that those fixed might not be used up. They
from the countervailing charges provided for in Regu­           shall inform the Commission of their reasons for
 lation (EEC) No 816/70 ('), as last amended by Regula­         applying this paragraph.
 tion (EEC) No 2211 /77 (2).
                                                                                        Article 4
                            Article 2
                                                                The additional shares drawn pursuant to Article 3
 1.    The quota laid down in Article 1 shall be                shall be valid until 31 December 1977.
divided into two instalments.
2. A first instalment, amounting to 99 000 hecto­                                       Article 5
litres, shall be allocated among the Member States ;
the shares which, subject to Article 5, shall be valid up       Member States shall return to the reserve, not later
to 31 December 1977, shall be as follows :                      than 15 December 1977, the unused portion of their
                                             (in hectolitres)   initial share which, on 1 December 1977, is in excess
         Benelux                                    100         of 20 % of the initial amount. They may return a
         Denmark                                    100         greater portion if there are grounds for believing that
        Germany                                     100         such portion might not be used in full.
         France                                     100
         Ireland                                    900         Each Member State shall, not later than 15 December
         Italy                                      100         1977, notify the Commission of the total imports of
        United Kingdom                           97 600         the products concerned effected under the Commu­
                                                                nity quota up to and including 1 December 1977 and,
                                                                where appropriate, the proportion of the initial share
3.     The second instalment, amounting to 1 000                returned to the reserve .
hectolitres, shall constitute the reserve.
                           Article 3                                                    Article 6
 1.    If 90 %      or more of the initial share of a           The Commission shall keep account of the shares
Member, as specified in Article 2 (2), or of that share         opened by Member States pursuant to Articles 2 and 3
less the portion returned to the reserve, where Article         and, as soon as it has been notified, shall inform each
                                                                State of the extent to which the reserve has been used.
5 has been applied, has been used, that Member State
shall, without delay, by notifying the Commission,
draw a second share equal to 1 5 % of its initial share,        The Commission shall notify Member Staes not later
                                                                than 20 December 1977 of the amount in the reserve
rounded up where necessary to the next whole
number in so far as the amount in the reserve allows .          after the return of shares pursuant to Article 5.
2.     If, after the initial share has been used up, 90 %       The Commission shall ensure that the drawing which
or more of the second share drawn by a Member State             uses up the reserve is limited to the balance available
has been used up, that Member State shall, in accor­            and, to this end, shall specify the amount thereof to
dance with the conditions laid down in paragraph 1 ,            the Member State making the final drawing.
draw a third share equal to 7-5 % of its initial share,
rounded up where necessary to the next whole
                                                                                        Article 7
number, in so far as the amount in the reserve allows.
3.     If, after its second share has been used up, 90 %        1 . Member States shall take all measures necessary
or more of the third share drawn by a Member State              to ensure that additional shares drawn pursuant to
has been used up, that Member State shall, in accor­            Article 3 are opened in such a way that imports may
dance with the same conditions, draw a fourth share             be charged without interruption against their aggre­
equal to the third.                                             gate shares in the Community quota.
This process shall continue to apply until the reserves         2. Each Member State shall ensure that importers
are used up.                                                    of the products concerned established in their terri­
                                                                tory have free access to the shares allocated to them.
4. By way of derogation from paragraphs 1 , 2 and
3, Member States may draw smaller shares than those             3.    The extent to which a Member State has used up
                                                                its shares shall be determined on the basis of the
(') OJ No L 99 , 5. 5 . 1970 , p. 1 .                           imports of the products in question entered for home
O OJ No L 256, 7. 10 . 1977, p. 1 .                             use .
 ---pagebreak--- No L 299/4                        Official Journal of the European Communities                            23 . 11 . 77
                        Article 8                             products eligible for aid, shall be adopted in accor­
                                                              dance with the procedure laid down in Article 7 of
1 . Subsidies shall be granted for liqueur wines of           Regulation No 24 on the progressive establishment of
Community origin similar to the liqueur wines                 a common organization of the market in wine ( !).
described in the V.I.I document provided for in Regu­
lation (EEC) No 2115/76 as 'liqueur wines to be                                       Article 10
marketed under the label of "Cyprus sherry" ' which
are dispatched by 31 December 1977 from the                   At the request of the Commission, Member States
producer Member States to the other Member States             shall inform it of imports actually charged against
of the Community which have actually imported and             their shares .
marketed under this Regulation products referred to
in Article 1 .
                                                                                      Article 11
2.    The subsidies referred to in paragraph 1 shall be       The Member States and the Commission shall colla­
calculated on the basis of the difference, on the
                                                              borate closely in order to ensure that this Regulation
markets of the importing Member States, between the           is observed .
prices of Community liqueur wines and those of the
liqueur wine marketed under the label of 'Cyprus                                      Article 12
sherry'.
                                                              This Regulation shall enter into force on the third day
                        Article 9                             following its publication in the Official Journal of
                                                              the European Communities.
Detailed rules in respect, particularly, of the amount
of the subsidy and of the Community liqueur wine              It shall apply until 31 December 1977.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 21 November 1977.
                                                                          For the Council
                                                                             The President
                                                                             H. SIMONET
                                                              (') OJ No 30, 20 . 4. 1962, p. 989/ 62.