31975R1924

26 . 7 . 75 No L 195/33 Official Journal of the European Communities

REGULATION (EEC) No 1924/75 OF THE COMMISSION of 25 July 1975 amending for the sixth time Regulation (EEC) No 2223/70 waiving the counter­ vailing charge on imports of certain wines originating in and coming from certain third countries

THE COMMISSION OF THE EUROPEAN Whereas the said Commission undertakes to commu­ COMMUNITIES, nicate regularly to the Commission details of exports of wine to the Community and to enable the Commis­ Having regard to the Treaty establishing the European sion to exercise continuous supervision over the effec­ Economic Community ; tiveness of the measures taken ;

Having regard to Council Regulation (EEC) No Whereas questions relating to the observance of the 816/70 (J ) of 28 April 1970 laying down additional guarantee given by the Republic of Cyprus have been provisions for the common organization of the market discussed in detail with the responsible authorities of in wine, as last amended by Regulation (EEC) No the latter ; whereas following these discussions it may 678/75 (2), and in particular Article 9 (6) thereof ; be assumed that the said Republic of Cyprus is in a position to abide by its guarantee ; whereas there are Whereas the first subparagraph of Article 9 (3) of accordingly proper grounds for waiving the counter­ Regulation (EEC) No 816/70 provides that where the vailing charge on imports of wine originating in and free-at-frontier offer price for a wine, plus customs coming from the Republic of Cyprus ; whereas an duties, is lower than the reference price for that wine, appropriate addition should therefore be made to a countervailing charge equal to the difference Commission Regulation No 2223/70 (3) waiving the between the reference price and the free-at-frontier countervailing charge on imports of certain wines orig­ offer price plus customs duties is to be levied on inating in and coming from certain third countries, as imports of that wine and of wines in the same cate­ last amended by Regulation (EEC) No 2470/73 (4) ; gory ; Whereas the measures provided for in this Regulation Whereas, however, that countervailing charge is not to are in accordance with the Opinion of the Manage­ be levied as regards third countries which are prepared ment Committee for wine, and in a position to guarantee that the price for imports of products originating in and coming from their territory will not be lower than the reference HAS ADOPTED THIS REGULATION : price less customs duties and that any deflection of trade will be avoided : Article 1 Whereas the Republic of Cyprus has indicated its read­ Article 1 of Regulation (EEC) No 2223/70 is amended iness to provide such a guarantee in respect of the by the addition of the following subparagraph : exportation of certain wines to the Community ; '4. originating in and coming from Whereas it is the responsibility of the Vine Products Commission to ensure that the guarantee is observed ; — the Republic of Cyprus whereas the said Commission will permit exportation (a) red wine, including rose wine, of the wines concerned only in cases where it is esta­ (b) white wine other than that offered bearing blished that the free-at-Community frontier offer on importation the name Riesling or price is not lower than the reference price less the Sylvaner, amount of the customs duties applicable at the time (c) liqueur wine other than that known as in question ; "Cyprus Sherry", Whereas the said Commission will see to it that any (d) wine fortified for distillation .' deflection of trade is avoided ; whereas to that end it will take all necessary steps to ensure that no action is Article 2 taken which might result indirectly in prices lower than the reference price less customs duties, such as This Regulation shall enter into force on the third day the taking over of marketing costs, the conclusion of following its publication in the Official Journal of arrangements linking the exportations concerned to the European Communities. other transactions, or any measures having equivalent effect ; It shall apply with effect from 1 September 1975.

(') OJ No L 99 , 5 . 5. 1970 , p . 20 . (}) OJ No L 241 , 4. 1 1 . 1970 , p . 3 . (2) OJ No L 72, 20 . 3 . 1975, p. 43 . (4 ) OJ No L 255, 12 . 9 . 1973 , p . 12.

No L 195/34 26 . 7 . 75 Official Journal of the European Communities

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

Done at Brussels, 25 July 1975 .

For the Commission P. J. LARDINOIS Member of the Commission