CELEX: 31978R0570
Language: en
Date: 1978-03-21 00:00:00
Title: Commission Regulation (EEC) No 570/78 of 21 March 1978 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'

22 . 3 . 78                              Official Journal of the European Communities                           No L 78/7
                                     COMMISSION REGULATION (EEC) No 570/78
                                                        of 21 March 1978
               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
 533/78 of 13 March 1978 opening, allocating and                    retailers (4), as amended by Regulation (EEC) No
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
and in particular Article 8 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               Whereas the consignor should also be required to
sions for the common organization of the market in                  furnish proof that the products concerned have been
wine (2), as last amended by Regulation ( EEC) No                   released to the United Kingdom or Irish markets ;
 2560/77 (3), and in particular Article 29 (3) thereof,             whereas such proof may take the form of the control
                                                                    copy provided for in Commission Regulation (EEC)
Whereas Article 7 ( 1 ) of Regulation ( EEC) No 533/78              No 223/77 of 22 December 1976 on provisions for
 provides for the granting of subsidies in respect of               the implementation of the Community transit proce­
Community liqueur wines similar to the liqueur wines                dure and for certain simplifications of that proce­
described on the V.I.I , document as liqueur wines                  dure (6), as amended by Regulation (EEC) No
 intended for marketing as 'Cyprus sherry', consigned               1601 /77(7); whereas any further information necessary
on or before 30 April 1978 by producer Member                       for control purposes should be given in that docu­
States to other Member States of the Community                      ment ;
which have actually imported such products and
 marketed them pursuant to the said Regulation (EEC)
 No 533/78 ; 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 7 (2) of Regulation (EEC) No 533/78                 Kingdom should be used to finance intervention
provides that the amount of the subsidy granted to                  measures designed to stabilize the agricultural
                                                                    markets ;
Community products must be determined on the
basis of the       difference , on      the   markets  of the
 importing Member States, between the prices of                     Whereas, in order that the Commission and the
 Community liqueur wines and those of liqueur wines                 Member States concerned keep track of the situation ,
 marketed as ' Cyprus sherry' ;                                     they should be informed of the quantities in respect
                                                                    of which subsidies have been applied for and the quan­
Whereas in order to obtain the subsidy the consignor                tities in respect of which subsidies have been granted ;
should be required to furnish the necessary proof ;
                                                                   (••) OJ No I. 113 , I. 5 . 1975, p. 1 .
(') OJ No I. 74, 16 . 3 . 1978 , p. 5 .                            (s ) O'j No 1 . 304, 29 . ||. 1977, p. 33 .
(2) OJ No I. 99, 5 . 5 . 1970, p. I.                               ('•) ()') No I. 38 , 9. 2. 1977, p. 20.
( 3 ) OJ No I. 303, 28 . II . 1977 , p. I.                         (') O") No I. I « 2, 22. 7. 1977, p. I.
 ---pagebreak--- No L 78 /8                         Official Journal of the European Communities                             22 . 3 . 78
Whereas the measures provided for in this Regulation          present to the competent authorities of the Member
are in accordance with the opinion of the Manage­             State from which the product was consigned an appli­
ment Committee for Wine,                                      cation for a subsidy accompanied by :
                                                              — a copy of the accompanying document provided
                                                                  for in Regulation (EEC) No 1153/75, it being
HAS ADOPTED THIS REGULATION :                                     possible to replace such copy by any other appro­
                                                                  priate document specified by the Member States
                                                                  concerned where the wine was consigned before
                         Article 1
                                                                  the entry into force of this Regulation and the
                                                                  accompanying document was not required
The liqueur wines qualifying for the subsidy provided             pursuant to Article 13 (2) of Regulation (EEC) No
for in Article 7 of Regulation (EEC) No 533/78 shall               1 1 53 / 75 , and
be those of Community origin with the exception of
quality liqueur wines produced in specified regions,          — proof from the United Kingdom or Irish customs
consigned to Ireland or the United Kingdom .                      authorities that the wine products in question have
                                                                  been released to the market in the Member State
                                                                  of destination .
                         Article 2
                                                              For the purposes of this provision and without preju­
For products as referred to in Article 1 in respect of        dice to the provision in the first indent above for the
which customs formalities on consignment were                 replacement of the accompanying document, the
completed between 1 March and 30 April 1978 the               Member State from which the products in question
amount of the subsidy provided for in Article 7 of            are consigned may not avail itself of the option
Regulation (EEC) No 533/78 shall be :                         provided for in Article 13 (2) of Regulation (EEC) No
                                                              1153 / 75 .
— 10 units of account per hectolitre for products
    with an actual alcoholic strength of at least 15°
    and not more than 18°,                                    2. The proof referred to in the preceding paragraph
                                                              shall be furnished by production of the control copy
— 15 units of account per hectolitre for products             referred to in Article 10 of Regulation (EEC) No
    with an actual alcoholic strength of at least 18°         223/77. Entries shall be made in the following
    and not more than 22° .                                   sections of the control copy :
                                                             (a) Sections 101 and 103 ;
                         Article 3
                                                             (b) Section 104, deleting as necessary and inserting
1 . The subsidy shall be granted to the consignors                one of the following :
concerned in accordance with the procedure laid
down in Article 4 .                                               — Intended for entry for home use,
                                                                  — Bestemt til overgang til forbrug,
2. The day on which the customs formalities on                    — Für den freien Verkehr bestimmt,
consignment are completed shall be the day on which
the customs authorities accept the document by                    — Destine a etre mis a la consommation ,
which the declarant states his intention to consign to            — Destinato ad essere immesso in consumo ,
Ireland or the United Kingdom a product of the kind
specified in Article 1 . At the time of such acceptance           — Bestemd om in het vrije verkeer te worden
the products concerned shall be placed under customs                    gebracht.
control and shall so remain until they leave the terri­
tory of the Member State from which they are                                          Article 5
consigned .
The day on which the customs formalities on consign­          1 . Where customs import formalities are completed
ment are completed shall be the operative date for           in Ireland or the United Kingdom on or after 1 March
determining the quantity, nature and characteristics of       1 978 in respect of a wine product as referred to in
the product consigned .                                      Article 1 and this product is then reconsigned from
                                                             either of these two Member States to another Member
                                                             State or exported to a non-member country, an
                         Article 4                           amount shall be charged which is equal to the subsidy
                                                             applicable on the day of completion of the customs
1 . To obtain payment of the subsidy, the consignor          formalities on consignment or export.
must, within three months of the completion of
customs formalities on consignment or, in the case of        The said amount shall be paid by the consignor or
wine consigned before this Regulation enters into            exporter not later than the time of completion of the
force, within three months of its entry into force,          customs formalities .
 ---pagebreak--- 22 . 3 . 78                         Official Journal of the European Communities                           No L 78 / 9
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
                        Article 6                                  seventh day following the entry into force of this
                                                                   Regulation ,
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 1 5th 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 , 21 March 1978 .
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President