31974R1143

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 producers and traders other than retailers, as last Having regard to Council Regulation (EEC) No amended by Regulation (EEC) No 374/74 (5) ; 3576/73 (') of 28 December 1973 on the extension whereas, however, under Article 13 (2) of that Regula­ and modification of the arrangements made by Regula­ tion Member States may provide that in the case of tion (EEC) No 1253/73 on the importation of the certain products and in certain circumstances such wine product exported under the label of ' Cyprus document is not required ; whereas it is therefore Sherry' originating in and coming from Cyprus, and necessary, if the objectives of this Regulation are to be the introduction of subsidies for similar wine products attained, to prohibit the application of that provision produced in the Community as originally constituted in Member States from which the products in ques­ and exported to Ireland and the United Kingdom , and tion are initially consigned ; in particular Article 5 thereof ;

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 concerned have been entered for home use in the provisions for the common organization of the market 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 ( EEC) No 231 5/ 69 (6) of 19 November 1969 on the Whereas Article 4(1 ) of Regulation (EEC) No 3576/73 provides for the granting of subsidies in respect of use of Community transit documents for the purpose of applying Community measures for verifying the consignments to Ireland or to the United Kingdom of 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 . t 5 ) 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 .

8 . 5 . 74 Official Journal of the European Communities No L 126/ 13

entered for home use in the Member State of desti­ Whereas the Management Committee for wine has nation . not delivered an opinion within the time limit set by 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 2315/69 . be liqueur wines prepared in the Community as origi­ 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 one of the following : The subsidy provided for in Article 4 of Regulation (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 . 1 . If a wine product coming within Article 1 in 3 . The day on which customs formalities on respect of which the customs formalities on importa­ consignment are completed shall be the day on which tion into Ireland or the United Kingdom are the customs authorities accept the document by completed as from 1 January 1974 is consigned from which the declarant states his intention to consign a either of these Member States to another Member product of the kind specified in Article 1 to Ireland or State or exported to a third country, an amount equal to the United Kingdom . At the time of such accep­ to the subsidy applicable on the day of completion of tance the products concerned shall be placed under the customs formalities on such reconsignment or customs control and shall so remain until they leave exportation shall be charged . the territory of the Member State from which they are 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 customs formalities . ment are completed shall be the operative date for 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 has been granted in respect of the product in ques­ Article 4 tion . 1 . To obtain payment of the subsidy, the consignor 2. If the arrangements provided for in Regulation must, within six months following the completion of (EEC) No 1253/ 73 are not extended beyond 31 the customs formalities on consignment, present to December 1974, the subsidy to be taken into account the competent authorities of the Member State from for the purpose of determining the amount provided which the products were initially consigned an appli­ 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 .

No L 126/ 14 8 . 5 . 74 Official Journal of the European Communities

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