CELEX: 31974R1143
Language: en
Date: 1974-05-07 00:00:00
Title: Regulation (EEC) No 1143/74 of the Commission of 7 May 1974 laying down implementing provisions and fixing the amount of subsidies for wine products similar to the wine product exported under the label of 'Cyprus Sherry' produced in the Community as originally constituted and consigned to Ireland or to the United Kingdom

No L 126/ 12                               Official Journal of the European Communities                               8 . 5 . 74
                             REGULATION (EEC) No 1143/74 OF THE COMMISSION
                                                            of 7 May 1974
              laying down implementing provisions and fixing the amount of subsidies for
              wine products similar to the wine product exported under the label of 'Cyprus
              Sherry' produced in the Community as originally constituted and consigned to
                                                Ireland or to the United Kingdom
THE COMMISSION OF THE EUROPEAN                                        the necessary proof ; whereas to this end he should be
COMMUNITIES,                                                          required when he submits an application for a subsidy
                                                                      to submit also a copy of the accompanying document
Having regard to the Treaty establishing the European                 provided for in Commission Regulation (EEC) No
Economic Community ;                                                  1 769/72 (4) of 26 July 1972 drawing up accompanying
                                                                      documents and determining the obligations of wine
Having regard to Council Regulation (EEC) No                          producers and traders other than retailers, as last
3576/73 (') of 28 December 1973 on the extension                      amended by Regulation (EEC) No 374/74 (5) ;
and modification of the arrangements made by Regula­                 whereas, however, under Article 13 (2) of that Regula­
tion (EEC) No 1253/73 on the importation of the                       tion Member States may provide that in the case of
wine product exported under the label of ' Cyprus                     certain products and in certain circumstances such
Sherry' originating in and coming from Cyprus, and                    document is not required ; whereas it is therefore
the introduction of subsidies for similar wine products               necessary, if the objectives of this Regulation are to be
produced in the Community as originally constituted                   attained, to prohibit the application of that provision
and exported to Ireland and the United Kingdom , and                  in Member States from which the products in ques­
in particular Article 5 thereof ;                                     tion are initially consigned ;
Having regard to Council Regulation (EEC) No                         Whereas it is also desirable that the consignor should
816/70 (2 ) of 28 April 1970 laying down additional                   be required to furnish proof that the products
provisions for the common organization of the market                  concerned have been entered for home use in the
in wine, as last amended by Regulation (EEC) No                       United Kingdom or Ireland ; whereas proof for this
2592/73 (3 ), and in particular Article 29 (3) thereof ;              purpose may be furnished by production of the
                                                                      control copy provided for in Commission Regulation
Whereas Article 4(1 ) of Regulation (EEC) No 3576/73                  ( EEC) No 231 5/ 69 (6) of 19 November 1969 on the
provides for the granting of subsidies in respect of                  use of Community transit documents for the purpose
consignments to Ireland or to the United Kingdom of                   of applying Community measures for verifying the
Community wine products which are similar to the                      use and/or destination of goods, as last amended by
wine product exported under the label of 'Cyprus                      Regulation (EEC) No 690/73 (7) ; whereas whatever
Sherry' ; whereas the characteristics of that product are             further information is necessary for control purposes
comparable with those of liqueur wines other than                     should be given in that document ;
quality wines psr produced in the Community ;
                                                                     Whereas since subsidies are to be granted only in
Whereas Article 4(2) of Regulation (EEC) No 3576/73                   respect of consignments to Ireland or to the United
provides that the subsidy granted in respect of the rele­             Kingdom , it is necessary to provide that where a wine
vant Community wine products is to be calculated on                   product qualifying for a- subsidy is re-consigned to
the basis of the difference on the British and Irish                  another Member State of the Community or is
markets between the prices of those products and the                  exported to a third country a sum equal - to the
prices of the wine product exported under the label of                amount of the subsidy is to be charged ; whereas the
'Cyprus Sherry', and whereas this calculation gives a                 EAGGF must recover all such sums collected by
subsidy of 24 units of account per hectolitre ;                       Ireland and the United Kingdom ;
Whereas it is necessary, in order to restore the balance             Whereas, in order to enable the Commission and the
between the various sources of supply on the British                  Member States concerned to keep track of the situa­
and Irish markets, to subsidize persons who consign                   tion , the Member States should be informed of the
the relevant Community products to those markets ;                    quantities in respect of which subsidies have been
                                                                      applied for and of the quantities in respect of which
Whereas it is desirable that in order to obtain the                   subsidies have been granted ;
subsidy the consignor should be required to furnish
                                                                     (4)  OJ  No L  191 , 21 . 8 . 1972, p . 1 .
(') OJ No L 359 , 28 . 12 . 1973 , p . 33 .                          t5)  OJ  No  L 42, 14 . 2 . 1974, p . 5 .
(-) OJ No L 99 , 5 . 5 . 1970, p . 1 .                               ( h) OJ  No  L 295 , 12 . 11 . 1 969 , p . 1 4 .
(3 ) OJ No L 269 , 26 . 9 . 1973 , p . 1 .                           ( 7) OJ  No  L 66, 3 . 3 . 1973 , p . 23 .
 ---pagebreak--- 8 . 5 . 74                        Official Journal of the European Communities                       No L 126/ 13
Whereas the Management Committee for wine has                   entered for home use in the Member State of desti­
not delivered an opinion within the time limit set by           nation .
its Chairman ,
                                                            For the purposes of this paragraph no Member State
                                                            from which such products are initially consigned may
HAS ADOPTED THIS REGULATION :                               avail itself of the power provided for in Article 1 3 (2)
                                                            of Regulation (EEC) No 1769/72.
                        Article 1
                                                            2. The proof required under the preceding para­
The wine products qualifying for the subsidy provided       graph shall be furnished by production of the control
for in Article 4 of Regulation (EEC) No 3576/73 shall       copy referred to in Article 1 of Regulation (EEC) No
be liqueur wines prepared in the Community as origi­        2315/69 .
nally constituted from grape must or wine produced
within the Community, with the exception of quality         Special endorsement shall be made in the following
wines produced in specified regions.                        sections on the control copy :
                                                            (a) sections 101 and 103 ;
                        Article 2
                                                            (b) section 104, deleting as necessary and inserting
The subsidy provided for in Article 4 of Regulation             one of the following :
(EEC) No 3576/73 is hereby fixed at 24 units of                 ' Intended for entry for home use'
account per hectolitre.                                         ' Destiné à être mis à la consommation
                                                                ' Für den freien Verkehr bestimmt
                        Article 3                               ' Destinato ad essere immesso in consumo
                                                                  Bestemd om in het vrije verkeer te worden
1 . The subsidy shall be granted, in accordance with            gebracht .
the procedure specified in Article 4, to consignors in
the Member States of the Community as originally            The competent customs office in the Member State of
constituted .                                               destination shall complete the section marked
                                                            ' Control of use and/or destination '.
2. The subsidy shall be granted for products in
respect of which customs formalities on consignment
are completed between 1 January 1974 and 31                                         Article 5
December 1974.
3 . The day on which customs formalities on                  1.    If a wine product coming within Article 1 in
consignment are completed shall be the day on which         respect of which the customs formalities on importa­
the customs authorities accept the document by              tion into Ireland or the United Kingdom are
which the declarant states his intention to consign a       completed as from 1 January 1974 is consigned from
                                                            either of these Member States to another Member
product of the kind specified in Article 1 to Ireland or
to the United Kingdom . At the time of such accep­          State or exported to a third country, an amount equal
tance the products concerned shall be placed under          to the subsidy applicable on the day of completion of
customs control and shall so remain until they leave         the customs formalities on such reconsignment or
the territory of the Member State from which they are       exportation shall be charged .
initially consigned .
                                                            The said amount shall be paid by the consignor or
The day on which customs formalities on Consign­            exporter not later than at the time of completion of
ment are completed shall be the operative date for          customs formalities .
determining quantity, nature and characteristics of the
product consigned .                                          However no such amount shall be charged if the
                                                            consignor or exporter furnishes proof that no subsidy
                        Article 4                            has been granted in respect of the product in ques­
                                                            tion .
1 . To obtain payment of the subsidy, the consignor
must, within six months following the completion of         2.     If the arrangements provided for in Regulation
the customs formalities on consignment, present to          (EEC) No 1253/73 are not extended beyond 31
the competent authorities of the Member State from           December 1974, the subsidy to be taken into account
which the products were initially consigned an appli­       for the purpose of determining the amount provided
cation for subsidy accompanied by :                         for in paragraph 1 shall be the subsidy applicable on"
                                                            31 December 1974 .
— a copy of the accompanying document provided
     for in Regulation (EEC) No 1769/72, and                3.     Ireland and the United Kingdom shall account
— proof from the British or Irish customs authorities       to the Guarantee Section of the EAGFF for all sums
     that the wine products in question have been           collected in pursuance of paragraph 1 .
 ---pagebreak---   No L 126/ 14                      Official Journal of the European Communities                                8 . 5 . 74
  4.    Each of the two aforesaid Member States shall                                   Article 7
  adopt whatever measures are necessary to implement           This Regulation shall enter into force on the day
  this Article and shall inform the Commission thereof,        following its publication in the Official Journal of
  and of the quantities in respect of which the amount         the European Communities.
  provided for in paragraph 1 has been charged.                It shall apply with effect from 1 January 1974.
                                                               However,
                          Article 6                            — the dispositions of Article 4 (2) shall only apply in
                                                                   respect of products for which customs formalities
  Every Member State from which the relevant wine                  on consignment are completed as from the thir­
  products are initially consigned shall, not later than           tieth day following the entry into force of this
' the fifteenth of each month , inform the Commission              Regulation ,
  and the Member States of destination of the quantities       — the dispositions of Article 5 ( 1 ) shall only apply in
  of sudh products in respect of which subsidies have              respect of products for which customs formalities
  been granted during the preceding month and of the               on reconsignment or exportation are completed as
  quantities in respect of which applications for subsidy          from the third day following the entry into force
  have been received during that month .                           of this Regulation .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 7 May 1974.
                                                                         For the Commission
                                                                             The President
                                                                        François-Xavier ORTOLI