31974R2178

21 . 8 . 74 Official Journal of the European Communities No L 230/ 11

REGULATION (EEC) No 2178 /74 OF THE COMMISSION

of 20 August 1974

amending Regulation (EEC) No 1143/74 as regards the documents to be produced in order to obtain the subsidies for Community wine products similar to the wine product exported under the label of ' Cyprus Sherry'

THE COMMISSION OF THE EUROPEAN Whereas, however, Regulation (EEC) No 1143/74 is COMMUNITIES , applicable with retrospective effect from 1 January 1974 and whereas between that date and the date of Having regard to the Treaty establishing the European its entry into force consignors have as a rule made use Economic Community ; of the facility provided for in Article 13 (2) of Regula­ Having regard to Regulation (EEC) No 3576/73 (J ) of tion (EEC) No 1769/72 ; whereas it is therefore expe­ 28 December 1973 on the extension and modification dient to provide that in such cases the accompanying of the arrangements made by Regulation (EEC) No document may be replaced by any other appropriate 1253/73 on the importation of wine products document to be determined by the Member States exported under the label of 'Cyprus sherry' originating concerned ; in and coming from Cyprus, and the introduction of subsidies for similar wine products produced in the Whereas the measures provided for in this Regulation Community as originally constituted and exported to are in accordance with the Opinion of the Manage­ Ireland and the United Kingdom, and in particular ment Committee for Wine, Article 5 thereof ;

Having regard to Council Regulation (EEC) No 81 6/70 (2) of 28 April 1970 laying down additional provisions for the common organization of the market in wine, as last amended by Regulation (EEC) No HAS ADOPTED THIS REGULATION : 1 532/74 (3), and in particular Article 29 (3) thereof ;

Whereas Article 4 of Commission Regulation (EEC) No 11 43/74 (4) of 7 May 1974 laying down imple­ Article 1 menting provisions and fixing the amount of subsidies for wine products similar to the wine product exported under the label of 'Cyprus Sherry' Article 4 ( 1 ) of Regulation (EEC) No 1143 /74 is produced in the Community as originally constituted replaced by the following : and consigned to Ireland or to the United Kingdom prescribes a time limit of six months following the ' 1 . To obtain payment of the subsidy, the completion of the customs formalities on consign­ consignor must, within six months following ment for the presentation of the application for completion of the customs formalities on consign­ subsidy ; whereas this time limit is not sufficient for ment, or in the case of wine consigned before the shipments consigned before the date of entry into date of entry into force of this Regulation, within force of that Regulation ; < six months following its entry into force, present Whereas Article 4 ( 1 ) of the said Regulation laid down to the competent authority of the Member State certain conditions that must be fulfilled before the from which the products were initially consigned subsidy can be obtained ; whereas one of the condi­ an application for subsidy accompanied by : tions is the presentation of a copy of the accompany­ ing document provided for in Commission Regulation — a copy of the accompanying document (EEC) No 1 769/72 (5), of 26 July 1972 drawing up provided for in Regulation (EEC) No 1769/72, accompanying documents and determining the obliga­ which copy may in the case of wine consigned tions of wine producers and traders other than before 1 June 1974 and in respect of which retailers, as last amended by Regulation (EEC) No pursuant to Article 13(2) of Regulation (EEC) 1 199/74 (6) ; whereas for the purposes of applying this No 1769/72 no accompanying document is provision Regulation (EEC) No 1143/74 prohibited required be replaced by any other appropriate recourse to Article 13 (2) of Regulation (EEC) No document to be determined by the Member 1769 / 72 ; States concerned, and

(!) OJ No L 359 , 28 . 12. 1973 , p. 33 (2) OJ No L 99, 5. 5 . 1970, p. 1 . — proof from the British or Irish customs authori­ (3) OJ No L 166, 21 . 6 . 1974, p. 1 . ties that the wine products in question have (<) OJ No L 126, 8 . 5 . 1974, p. 12. been entered for home use in the Member (») OJ No L 191 , 21 . 8 . 1972, p. 1 . (') OJ No L 131 , 14. 5 . 1974, p. 14. State of destination .

No L 230/ 12 Official Journal of the European Communities 21 . 8 . 74

For the purposes of this paragraph, but subject as Article 2 provided in the first indent, no Member State from which the products are initially consigned may This Regulation shall enter into force on the third day avail itself of the power provided for in Article 13 following its publication in the Official Journal of (2) of Regulation (EEC) No 1769/72'. the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 20 August 1974.

For the Commission

The President

Francois-Xavier ORTOLI