CELEX: 31973R1253
Language: en
Date: 1973-05-14 00:00:00
Title: Regulation (EEC) No 1253/73 of the Council of 14 May 1973 on imports of the wine product exported under the label of 'Cyprus sherry', originating in and coming from Cyprus, and the introduction of subsidies for similar wine products produced in the Community as originally constituted and exported to Ireland and the United Kingdom

21 . 5 . 73                                Official Journal of the European Communities                          No L 133 / 115
                                   REGULATION (EEC) No 1253/73 OF THE COUNCIL
                                                           of 14 May 1973
                on imports of the wine product exported under the label of ' Cyprus sherry', originating
                in and coming from Cyprus, and the introduction of subsidies for similar wine prod­
                ucts produced in the Community as originally constituted and exported to Ireland and
                                                         the United Kingdom
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             dom should be exempt from the countervailing charge
                                                                      provided for in the first subparagraph of Article 9 (3 )
                                                                      of Council Regulation (EEC) No 816/70 (2) of 28 April
Having regard to the Treaty establishing the European                 1970, laying down additional provisions for the com­
Economic Community, and in particular Article 43                      mon organization of the market in wine, as last
thereof ;                                                             amended by Regulation (EEC) No 2680/72 (3), for a
                                                                      period allowing the Community to establish whether
Having regard to the proposal from the Commission ;                   or not the legislation enacted by Cyprus pursuant
                                                                      to its commitment is in conformity with Community
Having regard to the Opinion of the European Parlia­                  legislation and, if it is, to extend the import treat­
ment ;                                                                ment provided for in this Regulation, so that in can be
                                                                      applied, as appropriate, to the marketing of the 1974
Whereas the exchange of letters referred to in Article 12             harvest, which should take place in the first half of
of the Protocol laying down certain provisions relating               1975 ;
to the Agreement establishing an Association between
the European Economic Community and the Republic                      Whereas the provisional rules laid down in the Proto­
of Cyprus following the Accession of new Member                       col confine this measure to imports into Ireland and
States to the European Economic Community (x) makes                   the United Kingdom ; whereas exports to other Member
provision for special interim treatment of the wine                   States of the wine product thus imported must there­
product exported under the label of ' Cyprus sherry'                  fore be prohibited ; whereas the amount of 200 000
and intended for direct human consumption, which                      hectolitres should be divided between the two Member
involves the non-application of countervailing charges                States concerned on the basis of traditional imports ;
on imports of this wine into Ireland and the United                   whereas allowance must be made for the period of
Kingdom, up to a maximum annual quota of 200 000                      application envisaged, ie 1 February to 31 December
hectolitres ;                                                         1973 ; whereas therefore an amount of 185 000 hecto­
                                                                      litres would be appropriate, this amount to include
Whereas the primary aim of this arrangement is to                     imports already effected on the basis of Commission
avoid a sudden disruption of traditional exports of this              Regulation (EEC) No 456/73 (4 ) of 31 January 1973
wine product to Ireland and the United Kingdom follow­                 on interim measures for the importation into the
ing the enlargement of the Community ; whereas in the                 Community of wine exported as ' Cyprus sherry '
medium term this arrangement is designed, on the one                  originating in and coming from Cyprus and Com­
hand, to allow Cyprus to introduce legislation on wine                mission Regulation (EEC) No 1176/73 of 4 May
production which will ensure that the wine product                     1973 extending the interim measures for the im­
in question will be produced under conditions corres­                 portation into the Community of wine exported as
ponding to those required by Community regulations                     ' Cyprus sherry ' originating in and coming from
for similar Community products and, on the other,                      Cyprus, provided in Regulation (EEC) No 456/73 (5 );
to allow the Community to examine the classification
of the wine product in question with a view to reaching               Whereas the exceptional exemption from the counter­
a decision on the definitive import treatment to be
accorded to it ; whereas the Government of Cyprus has
                                                                      vailing charge for the wine in question must not have
                                                                      the effect of facilitating imports of that wine product
undertaken to introduce the legislation specified above
                                                                      into Ireland and the United Kingdom at the expense
not later than 1 September 1973 ;
                                                                      of similar wine products originating in the Com­
Whereas , in these circumstances , imports of the wine
product in question into Ireland and the United King­
                                                                       H    OJ No L 99, 5 . 5 . 1970, p . 1 .
                                                                       (3 ) OJ No L 289, 21 . 12. 1972, p . 1 .
                                                                       (4 ) OJ No L 53 , 26. 2. 1973, p . 12 .
 (') See p . 88 of this Official Journal .                             (5)  OT No L 119, 5 . 5 . 1973 , p . 13 .
 ---pagebreak--- No L 133 / 116                      Official Journal of the European Communities                               21.5.73
munity as originally constituted ; whereas some of these       to Article 1 , may not be exported to other Member
Community wine products could be ousted from the               States .
markets of these Member States by ' Cyprus sherry';
whereas, to avoid causing an imbalance in the con­
ditions of competition on the markets of these Member­                                 Article 4
States between wine products exported under the label
of ' Cyprus sherry' and similar wine products pro­             1 . Subsidies shall be granted in respect of exports
duced in the Community as originally constituted, pro­         effected from 1 February 1973 to Ireland and the
vision should be made for the payment of a subsidy             United Kingdom of wine products produced in the
on exports of the latter wine products to these Member         Community as originally constituted which are simi­
States, this subsidy being based on the difference, on         lar to the wine product exported under the label of
the markets of these States, between the prices of these       ' Cyprus sherry'.
wine products and the price of ' Cyprus sherry';
                                                               2. The subsidies referred to in paragraph 1 shall be
Whereas these subsidies will be necessary for as long          calculated on the basis of the difference, on the
as the exceptional measures for ' Cyprus sherry' apply ;       markets of the Member States referred to in paragraph
                                                               1 , between the prices of these Community wine prod­
                                                               ucts and the price of the wine product exported
                                                               under the label of ' Cyprus sherry'.
HAS ADOPTED THIS REGULATION :
                                                                                        Article 5
                         Article 1
                                                                Detailed rules for the application of this Regulation ,
For the period from 1 February to 31 December                  in particular those concerning the amount of the sub­
 1973 , the countervailing charge provided for in the           sidy and the Community wine products eligible for
first subparagraph of Article 9 (3) of Regulation (EEC)        aid, shall be adopted in accordance with the pro­
No 816/70 shall not be levied on imports into Ireland          cedure laid down in Article 7 of Regulation No 24 on
and the United Kingdom of the wine product exported             the progressive establishment of a common organiz­
under the label of ' Cyprus sherry' originating in and          ation of the market in wine (1).
coming from Cyprus up to a maximum amount of
185 000 hectolitres . This amount shall include quan­
tities already imported free of countervailing charge                                    Article 6
pursuant to Regulation (EEC) No 456/73 and Regu­
lation (EEC) No 1176173 .                                       The treatment provided for in this Regulation shall
                                                                apply until 31 December 1973 . However, if, before
                                                                1 September 1973 , the Republic of Cyprus enacts
                         Article 2                              legislation on wine production which is in conformity
                                                                with Community rules applicable to products similar
 1.    The amount of 185 000 hectolitres fixed in Article       to the product specified in Article 1 , the Council,
 1 shall be divided into two quotas, the one of                 acting on a proposal from the Commission in accord­
 1 400 hectolitres for Ireland and the other of 183 600         ance with the voting procedure laid down in Article
hectolitres for the United Kingdom.                             43 (2) of the Treaty, shall take all necessary steps to
                                                                ensure that this treatment is extended in accordance
                                                                with the terms of the exchange letters annexed to the
2. The extent to which the quotas of these Member               Protocol laying down certain provisions relating to the
 States have been used up shall be assessed on the              Agreement establishing an Association between the
 basis of imports of the product in question passed             European Economic Community and the Republic of
through customs under cover of declarations that it             Cyprus following the Accession of new Member States
 has been released for consumption .                            to the European Economic Community.
 3.    The Member States concerned shall inform the
 Commission at regular intervals of imports from                                        Article 7
 Cyprus actually set off against their quotas .
                                                                This Regulation shall enter into force on the third day
                                                                following its publication in the Official Journal of the
                         Article 3                              European Communities .
 Wine products imported into the United Kingdom and
 into Ireland free of countervailing charge, pursuant           0 OJ No 30, 20. 4. 1962, p. 989/62.
 ---pagebreak--- 21 . 5 . 73                      Official Journal of the European Communities                    No L 133 / 117
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 14 May 1973 .
                                                                            For the Council
                                                                             The President
                                                                          R. VAN ELSLANDE