CELEX: 31977R2791
Language: en
Date: 1977-12-15
Title: Commission Regulation (EEC) No 2791/77 of 15 December 1977 laying down detailed rules for the granting of subsidies for certain liqueur wines produced in the Community and similar to the liqueur wine marketed as 'Cyprus sherry'

No L 321 /26                          Official Journal of the European Communities                              16 . 12 . 77
                                     COMMISSION REGULATION (EEC) No 2791 /77
                                                     of 15 December 1977
                 laying down detailed rules for the granting of subsidies for certain liqueur wines
                 produced in the Community and similar to the liqueur wine marketed as
                                                        'Cyprus sherry'
 THE COMMISSION OF THE EUROPEAN                                    whereas to this end he should be required, when he
 COMMUNITIES,                                                      submits an application for a subsidy, to submit also a
                                                                   copy of the accompanying document provided for in
 Having regard to the Treaty establishing the European             Commission Regulation (EEC) No 1153/75 of 30
 Economic Community,                                               April 1975 prescribing the form of the accompanying
                                                                   documents for wine products and specifying the obli­
 Having regard to Council Regulation (EEC) No                      gations of wine producers and traders other than
 2561 /77 of 21 November 1977 opening, allocating                  retailers (4), as amended by Regulation (EEC) No
 and providing for the administration of a Community               2617/77 (5) ; whereas, however, under Article 13 (2) of
 tariff quota for liqueur wines falling within                     that Regulation the Member States may provide that
 subheading ex 22.05 C of the Common Customs                       in the case of certain products and in certain circum­
 Tariff, originating in Cyprus and marketed under the              stances such document is not required ; whereas it is
 label of 'Cyprus Sherry', and introducing subsidies for           therefore necessary, if the objectives of the present
 similar wine products produced in the Community                   Regulation are to be attained, to prohibit the applica­
 ( 1977) (*), and in particular Article 9 thereof,                 tion of that provision in Member States from which
                                                                   the products in question are consigned ;
 Having regard to Council Regulation (EEC) No
 816/70 of 28 April 1970 laying down additional provi­
 sions for the common organization of the market in                Whereas the consignor should also be required to
 wine (2), as last amended by Regulation (EEC) No                  furnish proof that the products concerned have been
 221 1 /77 (3), and in particular Article 29 (3) thereof,          released to the United Kingdom or Irish markets ;
                                                                   whereas such proof may take the form of the control
 Whereas Article 8 ( 1 ) of Regulation (EEC) No 2561 /77           copy provided for in Commission Regulation (EEC)
 provides for the granting of subsidies in respect of              No 223/77 of 22 December 1976 on provisions for
 Community liqueur wines similar to the liqueur wines              the implementation of the Community transit proce­
 described on the V.I.I document as liqueur wines                  dure and for certain simplifications of that proce­
 intended for marketing as 'Cyprus sherry', consigned              dure (6) ; whereas whatever further information is
 on or before 31 December 1977 by producer Member                  necessary for control purposes should be given in that
 States to other Member States of the Community                   document ;
which have actually imported such products and
 marketed them pursuant to the said Regulation (EEC)
 No 2561 /77 ; whereas, according to the information              Whereas, since the subsidy is at present to be granted
available to the Commission, such products are                    only in respect of consignments to Ireland and the
 marketed as Cyprus sherry in two Member States,                   United Kingdom , it is necessary to provide that,
 Ireland and the United Kingdom ; whereas subsidies               where a wine product qualifying for a subsidy is recon­
 must therefore be granted for consignments of similar            signed to another Member State of the Community or
Community liqueur wines to those two Member                       is exported to a non-member country, a sum equal to
States ;                                                          the amount of the subsidy is to be recovered ; whereas
                                                                  the sums so recovered by Ireland and the United
Whereas Article 8 (2) of Regulation (EEC) No 2561 /77             Kingdom should be used to finance intervention
provides that the amount of the subsidy granted to                measures       designed     to   stabilize the agricultural
Community products must be determined on the                      markets ;
basis of the difference, on the markets of the
importing Member States, between the prices of
Community liqueur wines and those of liqueur wines                Whereas, in order that the Commission and the
marketed as 'Cyprus sherry' ;                                     Member States concerned keep track of the situation ,
                                                                  they should be informed of the quantities in respect
Whereas in order to obtain the subsidy the consignor              of which subsidies have been applied for and the quan­
should be required to furnish the necessary proof ;               tities in respect of which subsidies have been granted ;
(•) OJ No L 299, 23 . 11 . 1977, p. 1 .                           (4 ) OJ No L 113 , 1 . 5 . 1975, p. 1 .
(z ) OJ No L 99 , 5 . 5 . 1970, p. 1 .                            (5) OJ No L 304, 29 . 11 . 1977, p . 33 .
(3 ) OJ No L 256, 7 . 10 . 1977, p. 1 .                           (6) OJ No L 38 , 9 . 2 . 1977, p. 20 .
 ---pagebreak--- 16. 12. 77                         Official Journal of the European Communities                          No L 321 /27
Whereas the Management Committee for Wine has                — a copy of the accompanying document provided
not delivered an opinion within the time limit set by              for in Regulation (EEC) No 1153/75, it being
its chairman ,                                                     possible to replace such copy by any other appro­
                                                                   priate document specified by the Member States
                                                                   concerned where the wine was consigned before
HAS ADOPTED THIS REGULATION :                                      the entry into force of this Regulation and the
                                                                   accompanying document was not required
                         Article 1                                 pursuant to Article 13 (2) of Regulation (EEC) No
                                                                   1153/75, and
The liqueur wines qualifying for the subsidy provided        — proof from the United Kingdom or Irish customs
for in Article 8 of Regulation (EEC) No 2561 /77 shall             authorities that the wine products in question have
be those Community liqueur wines, with the excep­                  been released to the market in the Member State
tion of quality liqueur wines produced in specified                of destination .
regions, consigned to Ireland and the United
Kingdom .                                                     For the purposes of this provision and without preju­
                                                              dice to the provision in the first indent above for the
                         Article 2                            replacement of the accompanying document, the
                                                              Member State from which the products in question
For products as referred to in Article 1 in respect of        are consigned may not avail itself of the option
which customs formalities on consignment were                 provided for in Article 13 (2) of Regulation (EEC) No
completed between 1 July and 31 December 1977,                1153/75.
the amount of the subsidy provided for in Article 8 of
Regulation (EEC) No 2561 /77 shall be :                       2. The proof referred to in the preceding paragraph
— 10 units of account per hectolitre for products             shall be furnished by production of the control copy
     with an actual alcoholic strength of at least 15°        referred to in Article 10 of Regulation (EEC) No
     and not more than 18° ,                                  223/77. Entries shall be made in the following
— 15 units of account per hectolitre for products             sections of the control copy :
     with an actual alcoholic strength of at least 18°        (a) Sections 101 and 103 ;
     and not more than 22° .
                                                              (b) Section 104, deleting as necessary and inserting
                         Article 3                                 one of the following :
 1 . The subsidy shall be granted to the consignors                — Intended for entry for home use,
concerned in accordance with the procedure laid                    — Bestemt til overgang til forbrug,
down in Article 4 .
                                                                   — Fur den freien Verkehr bestimmt,
2. The day on which the customs formalities on                     — Destine a etre mis a la consommation,
consignment are completed shall be the day on which                — Destinato ad essere immesso in consumo,
the customs authorities accept the document by
which the declarant states his intention to consign to             — Bestemd om in het vrije verkeer te worden
Ireland or the United Kingdom a product of the kind                    gebracht.
specified in Article 1 . At the time of such acceptance
the products concerned shall be placed under customs          The competent customs office in the Member State of
control and shall so remain until they leave the terri­       destination shall complete the section marked
tory of the Member State from which they are                  ' Control of use and/or destination .'
consigned.
The day on which the customs formalities on consign­                                    Article 5
ment are completed shall be the operative date for
determining the quantity, nature and characteristics of        1 . Where customs import formalities are completed
 the product consigned.                                       in Ireland or the United Kingdom on or after 1 July
                                                               1977 in respect of a wine product as referred to in
                         Article 4                            Article 1 and this product is then reconsigned from
                                                              either of these two Member States to another Member
 1 . To obtain payment of the subsidy, the consignor          State or exported to a non-member country, an
 must, within three months of the completion of               amount shall be charged which is equal to the subsidy
customs formalities on consignment or, in the case of         applicable on the day of completion of the customs
wine consigned before this Regulation enters into             formalities on consignment or export.
 force, within three months of its entry into force,
 present to the competent authorities of the Member           The said amount shall be paid by the consignor or
 State from which the product was consigned an appli­         exporter not later than the time of completion of the
 cation for a subsidy accompanied by :                        customs formalities .
 ---pagebreak--- No L 321 /28                      Official Journal of the European Communities                            16 . 12. 77
However no such amount shall be charged if the               preceding month concerning the quantities of
consignor or exporter furnishes proof that no subsidy        products in respect of which subsidies have been
has been granted in respect of the product in ques­          granted and the quantities in respect of which applica­
tion .                                                       tions for subsidies have been received .
2.     Ireland and the United Kingdom shall enter all                                 Article 7
sums collected in pursuance of paragraph 1 to the
credit of the Guarantee Section of the EAGGF.                This Regulation shall enter into force on the day
                                                             following its publication in the Official Journal of
3.     Ireland and the United Kingdom shall adopt            the European Communities.
whatever measures are necessary to implement this            However :
Article and shall inform the Commission thereof and
of the quantities in respect of which the amount             — the provisions of Article 4 (2) shall apply only in
provided for in paragraph 1 has been charged.                    respect of products for which customs formalities
                                                                 on consignment are completed on or after the 7th
                       Article 6
                                                                 day following the entry into force of this Regula­
                                                                 tion ,
The Member State from which the wine products are            — the provisions of Article 5 ( 1 ) shall apply only in
consigned shall, not later than the 15th day of each             respect of products for which customs formalities
month, provide the Commission and the Member                     on reconsignment or export are completed
States of destination with particulars in respect of the         following the entry into force of this Regulation.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
               Done at Brussels, 15 December 1977.
                                                                        For the Commission
                                                                         Finn GUNDELACH
                                                                            Vice-President