31973R1253

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 vailing charge for the wine in question must not have accorded to it ; whereas the Government of Cyprus has 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 .

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 Article 4 ditions of competition on the markets of these Member­ 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 to the product specified in Article 1 , the Council , 1 . The amount of 185 000 hectolitres fixed in Article acting on a proposal from the Commission in accord­ 1 shall be divided into two quotas, the one of 1 400 hectolitres for Ireland and the other of 183 600 ance with the voting procedure laid down in Article 43 (2) of the Treaty, shall take all necessary steps to hectolitres for the United Kingdom. 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 .

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