31977R2791

No L 321 /26 Official Journal of the European Communities 16 . 12 . 77

COMMISSION REGULATION (EEC) No 2791 /77 of 15 December 1977 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 gations of wine producers and traders other than Having regard to Council Regulation (EEC) No retailers (4), as amended by Regulation (EEC) No 2561 /77 of 21 November 1977 opening, allocating 2617/77 (5) ; whereas, however, under Article 13 (2) of and providing for the administration of a Community that Regulation the Member States may provide that tariff quota for liqueur wines falling within in the case of certain products and in certain circum­ subheading ex 22.05 C of the Common Customs Tariff, originating in Cyprus and marketed under the stances such document is not required ; whereas it is therefore necessary, if the objectives of the present label of 'Cyprus Sherry', and introducing subsidies for Regulation are to be attained, to prohibit the applica­ similar wine products produced in the Community tion of that provision in Member States from which ( 1977) (*), and in particular Article 9 thereof, the products in question are consigned ; Having regard to Council Regulation (EEC) No 816/70 of 28 April 1970 laying down additional provi­ sions for the common organization of the market in Whereas the consignor should also be required to wine (2), as last amended by Regulation (EEC) No furnish proof that the products concerned have been 221 1 /77 (3), and in particular Article 29 (3) thereof, released to the United Kingdom or Irish markets ; whereas such proof may take the form of the control copy provided for in Commission Regulation (EEC) Whereas Article 8 ( 1 ) of Regulation (EEC) No 2561 /77 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) ; whereas whatever further information is intended for marketing as 'Cyprus sherry', consigned necessary for control purposes should be given in that on or before 31 December 1977 by producer Member document ; States to other Member States of the Community which have actually imported such products and marketed them pursuant to the said Regulation (EEC) No 2561 /77 ; 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 8 (2) of Regulation ( EEC) No 2561 /77 Kingdom should be used to finance intervention provides that the amount of the subsidy granted to measures designed to stabilize the agricultural Community products must be determined on the markets ; basis of the difference, on the markets of the importing Member States, between the prices of Community liqueur wines and those of liqueur wines Whereas, in order that the Commission and the marketed as 'Cyprus sherry' ; Member States concerned keep track of the situation , they should be informed of the quantities in respect Whereas in order to obtain the subsidy the consignor of which subsidies have been applied for and the quan­ should be required to furnish the necessary proof ; tities in respect of which subsidies have been granted ;

(•) OJ No L 299 , 23 . 11 . 1977, p. 1 . (4 ) OJ No L 113 , 1 . 5 . 1975, p. 1 . (z ) OJ No L 99 , 5 . 5 . 1970, p. 1 . (5) OJ No L 304, 29 . 11 . 1977, p . 33 . (3 ) OJ No L 256, 7 . 10 . 1977, p. 1 . (6) OJ No L 38 , 9 . 2 . 1977, p. 20 .

16 . 12. 77 Official Journal of the European Communities No L 321 / 27

Whereas the Management Committee for Wine has — a copy of the accompanying document provided not delivered an opinion within the time limit set by for in Regulation (EEC) No 1153/75, it being its chairman , possible to replace such copy by any other appro­ priate document specified by the Member States concerned where the wine was consigned before HAS ADOPTED THIS REGULATION : the entry into force of this Regulation and the accompanying document was not required Article 1 pursuant to Article 13 (2) of Regulation (EEC) No 1153/75, and The liqueur wines qualifying for the subsidy provided — proof from the United Kingdom or Irish customs for in Article 8 of Regulation (EEC) No 2561 /77 shall authorities that the wine products in question have be those Community liqueur wines, with the excep­ been released to the market in the Member State tion of quality liqueur wines produced in specified of destination . regions, consigned to Ireland and the United Kingdom . For the purposes of this provision and without preju­ dice to the provision in the first indent above for the Article 2 replacement of the accompanying document, the Member State from which the products in question For products as referred to in Article 1 in respect of are consigned may not avail itself of the option which customs formalities on consignment were provided for in Article 13 (2) of Regulation (EEC) No completed between 1 July and 31 December 1977, 1153 /75. the amount of the subsidy provided for in Article 8 of Regulation (EEC) No 2561 /77 shall be : 2. The proof referred to in the preceding paragraph — 10 units of account per hectolitre for products shall be furnished by production of the control copy with an actual alcoholic strength of at least 15° referred to in Article 10 of Regulation (EEC) No and not more than 18° , 223/77. Entries shall be made in the following sections of the control copy : — 15 units of account per hectolitre for products with an actual alcoholic strength of at least 18° (a) Sections 101 and 103 ; and not more than 22° . (b) Section 104, deleting as necessary and inserting Article 3 one of the following :

— Intended for entry for home use , 1 . The subsidy shall be granted to the consignors concerned in accordance with the procedure laid — Bestemt til overgang til forbrug, down in Article 4 . — Fur den freien Verkehr bestimmt, 2. The day on which the customs formalities on — Destine a etre mis a la consommation, consignment are completed shall be the day on which — Destinato ad essere immesso in consumo, the customs authorities accept the document by which the declarant states his intention to consign to — Bestemd om in het vrije verkeer te worden Ireland or the United Kingdom a product of the kind gebracht. specified in Article 1 . At the time of such acceptance the products concerned shall be placed under customs The competent customs office in the Member State of control and shall so remain until they leave the terri­ destination shall complete the section marked ' Control of use and/or destination .' tory of the Member State from which they are consigned.

The day on which the customs formalities on consign­ Article 5 ment are completed shall be the operative date for determining the quantity, nature and characteristics of 1 . Where customs import formalities are completed the product consigned . in Ireland or the United Kingdom on or after 1 July 1977 in respect of a wine product as referred to in Article 4 Article 1 and this product is then reconsigned from either of these two Member States to another Member 1 . To obtain payment of the subsidy, the consignor State or exported to a non-member country, an must, within three months of the completion of amount shall be charged which is equal to the subsidy customs formalities on consignment or, in the case of applicable on the day of completion of the customs wine consigned before this Regulation enters into formalities on consignment or export. force, within three months of its entry into force , present to the competent authorities of the Member The said amount shall be paid by the consignor or State from which the product was consigned an appli­ exporter not later than the time of completion of the cation for a subsidy accompanied by : customs formalities .

No L 321 /28 Official Journal of the European Communities 16 . 12 . 77

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 — the provisions of Article 4 (2) shall apply only in of the quantities in respect of which the amount respect of products for which customs formalities provided for in paragraph 1 has been charged. on consignment are completed on or after the 7th day following the entry into force of this Regula­ Article 6 tion , 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 15th 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, 15 December 1977. For the Commission

Finn GUNDELACH Vice-President