CELEX: 31978R0533
Language: en
Date: 1978-03-13 00:00:00
Title: Council Regulation (EEC) No 533/78 of 13 March 1978 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

16. 3 . 78                                  Official Journal of the European Communities                            No L 74/ 5
                                            COUNCIL REGULATION (EEC) No 533/78
                                                            of 13 March 1978
                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
THE COUNCIL OF THE EUROPEAN                                            competition between the said products and similar
COMMUNITIES,                                                           Community wines, provision was made, in respect of
                                                                       the latter, for the granting of aids, based on the differ­
                                                                       ence, on the market of the Member States of destina­
Having regard to the Treaty establishing the European                  tion , between the prices of Community liqueur wines
 Economic Community,                                                   and the prices of the liqueur wines in question origi­
                                                                       nating in Cyprus ;
 Having regard to the proposal from the Commission ,
                                                                       Whereas, pending the implementation on 1 May 1978
Whereas the Exchange of Letters referred to in Article                 of new Community arrangements, the tariff arrange­
 12 of the Protocol laying down certain provisions                     ments introduced by Regulation (EEC) No 3016/77
relating to the Agreement establishing an Association                  should be extended for the period 1 March 1978 to 30
between the European Economic Community and the                        April 1978 and a Community tariff quota should be
Republic of Cyprus consequent on the accession of                      opened for the products in question of a volume of
                                                                       33 334 hectolitres free of customs duties and the coun­
new Member States to the European Economic
 Community (') makes provision for special interim                     tervailing charge ;
arrangements for the wine product exported under the
label of 'Cyprus sherry' and intended for direct human
consumption , which involve the non-application of
                                                                       Whereas entry under the above Community tariff
countervailing charges on imports of this wine into
                                                                       quota must be conditional on the presentation of the
 Ireland and the United Kingdom , within the limits of
                                                                       A.CY.l movement certificate and on the wines being
an annual quota of 200 000 hectolitres ; whereas, to
                                                                       describe 5 as 'Cyprus sherry' in the V.I.I document
that end, Regulation (EEC) No 1 253/73 (2), as                         provided for in Regulation (EEC) No 21 1 5/76 (6) ;
amended by Regulation (EEC) No 3576/73 (3), as last
extended and amended by Regulation (EEC) No
 1 606/76 (4), introduced arrangements for imports of
the wine product exported under the label of 'Cyprus                   Whereas the Community nature of the quota would
sherry', originating in and coming from Cyprus, and                    be respected by allocating the Community tariff quota
 provided for subsidies for similar wine products                      among the Member States ; whereas, in order to reflect
 produced in the Community as originally constituted                   as accurately as possible the actual development of the
and exported to Ireland and the United Kingdom ;                       market in the products concerned, such allocation
whereas the arrangements in question expired on 30                     should be in proportion to the requirements of the
June 1977 ;                                                            Member States, assessed by reference to both the statis­
                                                                       tics relating to imports of the said products from
                                                                       Cyprus over a representative period and the economic
Whereas, to allow for the disposal of existing stocks,                 outlook for the quota period concerned ;
Community arrangements were introduced until 28
 February 1978 in the form of a Community tariff
quota exempt from customs duties and the counter­
vailing charge, by Regulation (EEC) No 30 1 6/77 (5 ) ;                Whereas in this case , however, neither Community
whereas these arrangements should not disturb the                      nor national statistics showing the breakdown for each
market in Community wines similar to liqueur wines                     of the types of wines in question are available ;
originating in Cyprus and covered K ' Ms Regulation ;                  whereas estimating the import needs of the Member
whereas, to avoid distortion of the conditions of                      States for the quota period is difficult because of the
                                                                       absence of valid precedents ; whereas because of the
0)   OJ No  L  133 , 21 . 5               S8 .                         small amount of the tariff quota the allocation thereof
(2)  OJ No  L  133 , 21                p. 115 .                        between the Member States would result in such small
(3 ) OJ No  L  359 .              / 3 , p. 33 .
(4)  OJ No  L  1~ \          ; b , p. 6 .
(5)  OJ No  L  Vv\        ; 2 . 1977, p. 38 .                          ( b) OJ No L 237, 28 . 8 . 1976, p. 1 .
 ---pagebreak--- No L 74/ 6                           Official Journal of the European Communities                             16. 3 . 78
shares being allocated that they would no longer be            the European Economic Community and Cyprus shall
considered commercially viable ; whereas, as a result          be applicable.
the only possible course would seem to be to allocate
the whole quota volume to the Community reserve                3 . The entry of these wines under the tariff quota
and to provide for the possibility of those Member             referred to in paragraph 1 shall be conditional on
States in which needs might arise drawing appropriate          their being described in the V.I.I document provided
quantities from that reserve ; whereas the shares thus         for in Regulation (EEC) No 2115/76 as 'liqueur wines
drawn from the reserve must be valid until the end of          to be marketed under the label of "Cyprus sherry".'
the quota period ; whereas this form of administration
requires close collaboration between the Member                4. Within the limits of the above tariff quota, the
States and the Commission, which latter must, in parti­        products referred to in paragraph 1 shall be exempt
cular, be in a position to follow the extent to which          from the countervailing charges provided for in Regu­
the quota volume has been used up and inform the               lation (EEC) No 816/70 (*), as last amended by Regula­
Member States thereof ;                                        tion (EEC) No 221 1 /77 (2).
Whereas if, at a given date in the quota period, a                                       Article 2
Member State has a considerable quantity of the
initial share left over, it is essential that it should        1 . The quota laid down in Article 1 shall be allo­
return a significant proportion thereof to the reserve         cated to the Community reserve.
to prevent a part of the Community quota from
remaining unused in one Member State when it could             2. If needs for the product in question arise in a
be used in others ;                                            Member State, it shall draw an adequate share from
                                                               the reserve thus set up, in so far as the amount of the
                                                               reserve so permits.
Whereas, since the Kingdom of Belgium , the
Kingdom of the Netherlands and the Grand Duchy of
Luxembourg are united within and jointly represented                                      Article 3
by the Benelux Economic Union , any measure
concerning the administration of the shares allocated          The shares drawn pursuant to Article 2 shall be valid
to that economic union may be carried out by any               until 30 April 1978 .
one of its members,
                                                                                          Article 4
                                                               Member States shall return to the reserve, not later
HAS ADOPTED THIS REGULATION :                                  than 20 April 1978 , th° unused portion of their share
                                                               which, on 10 April 1978 is in excess of 20 % of the
                                                               initial amount. They may return a greater portion if
                                                               there are grounds for believing that such portion
                        Article 1                              might not be used in full.
                                                               Each Member State shall, not later than 20 April 1978,
 1.    Until 30 April 1978 , the Common Customs
                                                               notify the Commission of the total imports of the
Tariff duties in respect of the following products origi­      products concerned effected under the Community
nating in Cyprus shall be totally suspended within the
                                                               quota up to and including 10 April 1978 and, where
limits of an overall Community tariff quota of 33 334
hectolitres :
                                                               appropriate, the proportion of the share returned to
                                                               the reserve .
           CCT
          heading                     Description                                         Article 5
            No
                                                               The Commission shall keep account of the shares
ex  22.05 C  II a)                                             opened by Member States pursuant to Article 2 and,
ex  22.05 C  II b)                                             as soon as it has been notified, shall inform each State
ex  22.05 C  III a) 2
                              Liqueur     wines   marketed
ex  22.05 C  III b) 3
                             under the label of 'Cyprus        of the extent to which the reserve has been used up.
                             sherry'
ex  22.05 C  IV a)  2
ex  22.05 C  IV b)  3
                                                               The Commission shall notify Member States not later
                                                               than 23 April 1978 of the amount in the reserve after
                                                               the return of shares pursuant to Article 4.
2.     The Protocol on the definition of the concept of
'originating products' and on methods of administra­           (') OJ No L 99, 5 . 5 . 1970, p. 1 .
tive cooperation annexed to the Agreement between              (2 ) OJ No L 256, 7 . 10 . 1977, p. 1 .
 ---pagebreak--- 16 . 3 . 78                        Official Journal of the European Communities                             No L 74/7
The Commission shall ensure that the drawing which             2.    The subsidies referred to in paragraph 1 shall be
uses up the reserve is limited to the balance available        calculated on the basis of the difference , on the
and, to this end , shall specify the amount thereof to         markets of the importing Member States, between the
the Member State making the final drawing.                     prices of Community liqueur wines and those of the
                                                               liqueur wine marketed under the label of 'Cyprus
                         Article 6                             sherry'.
1.     Member States shall take all measures necessary                                  Article 8
to ensure that shares drawn pursuant to Article 2 are
opened in such a way that imports may be charged               Detailed rules in respect, particularly, of the amount
without interruption against their aggregate shares in         of the subsidy and of the Community liqueur wine
the Community quota .                                          eligible for aid, shall be adopted in accordance with
                                                               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 (').
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 30 April 1 978 from the producer             This Regulation shall enter into force on the day
Member States to the other Member States of the
                                                               following its publication in the Official Journal of
Community which have actually imported and                     the European Communities.
marketed under this Regulation products referred to
in Article 1 .                                                 It shall apply from 1 March 1978 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 13 March 1978 .
                                                                           For the Council
                                                                              The President
                                                                          Lise 0STERGAARD
                                                                (') OJ No 30, 20 . 4. 1962, p . 989/62.