31977R3016

No L 355/38 Official Journal of the European Communities 31 . 12. 77

COUNCIL REGULATION (EEC) No 3016/77 of 29 December 1977 opening, allocating and providing (or the administration of a Community tariff quota for liqueur wines falling within subheading ex 22.05 C of the Common Customs Tariff, originating in Cyprus and marketed under the label of 'Cyprus Sherry', and introducing subsidies for similar wine products produced in the Community

THE COUNCIL OF THE EUROPEAN and similar Community wines, provision was made, in COMMUNITIES, respect of the latter, for the granting of aids, based on the difference, on the market of the Member States of destination, between the prices of Community liqueur Having regard to the Treaty establishing the European wines and the prices of the liqueur wines in question Economic Community, originating in Cyprus ;

Having regard to the proposal from the Commission, Whereas, pending the implementation on 1 March 1978 of new Community arrangements the tariff arran­ Whereas the exchange of letters referred to in Article gements introduced by Regulation (EEC) No 2561 /77 12 of the Protocol laying down certain provisions for the second half of 1977 should be extended for the relating to the Agreement establishing an Association period from 1 January 1978 to 28 February 1978 and between the European Economic Community and the a Community tariff quota should be opened for the Republic of Cyprus consequent on the accession of products in question of a volume of 33 334 hectolitres new Member States to the European Economic free of customs duties and the countervailing charge ; Community (') makes provision for special interim arrangements for the wine product exported under the label of 'Cyprus Sherry', and intended for direct human consumption, which involve the non­ Whereas entry under the above Community tariff application of countervailing charges on imports of quota must be conditional on the presentation of the this wine into Ireland and the United Kingdom, A. CY. 1 movement certificate and on the wines being within the limits of an annual quota of 200 000 hecto­ described as 'Cyprus Sherry' in the V.I. 1 document litres ; whereas, to that end, Regulation (EEC) No provided for in Regulation (EEC) No 21 1 5/76 (6) ; 1253/73 (2), as amended by Regulation (EEC) No 3576/73 (3), as last extended and amended by Regula­ tion (EEC) No 1606/76 (4), introduced arrangements Whereas, the Community nature of the quota would for imports of the wine product exported under the be respected by a system based on the allocation of label of 'Cyprus Sherry', originating in and coming the Community tariff quota among the Member from Cyprus, and provided for subsidies for similar States ; whereas, in order to reflect as accurately as wine products produced in the Community as origi­ possible the actual development of the market in the nally constituted and exported to Ireland and the products concerned, such allocation should be in United Kingdom ; whereas the arrangements in ques­ proportion to the requirements of the Member States, tion expired on 30 June 1977 ; assessed by reference both to the statistics relating to imports of the said products from Cyprus over a repre­ sentative period and to the economic outlook for the Whereas, to allow for the disposal of existing stocks, quota period concerned ; Community arrangements were introduced for the second half of 1977, in the form of a Community tariff quota exempt from customs duties and the coun­ tervailing charge, by Regulation (EEC) No Whereas in this case, however, neither Community 2561 /77 (5) ; whereas these arrangements should not nor national statistics showing the breakdown for each disturb the market in Community wines similar to of the types of wines in question are available ; liqueur wines originating in Cyprus and covered by whereas estimating the import needs of the Member this Regulation ; whereas, to avoid distortion of the States for the quota period is difficult because of the conditions of competition between the said products absence of valid precedents ; whereas because of the small amount of the tariff quota the allocation thereof (M OJ No L 133, 21 . 5 . 1973 , p. 88 . between the Member States would result in such small (2) OJ No. L 133 , 21 . 5 . 1973 , p . 115. shares being allocated that they would no longer be (3) OJ No L 359 , 28 . 12 . 1973, p. 33 . («) OJ No L 175, 1 . 7. 1976, p. 6 . 5) OJ No L 299 , 23 . 11 . 1977, p. 1 . (6) OJ No L 299 , 23 . 11 . 1977, p. 1 .

31 . 12 . 77 Official Journal of the European Communities No L 355/39

considered commercially viable ; whereas, as a result tive cooperation annexed to the Agreement between the only possible course would seem to be to allocate the European Economic Community and Cyprus shall the whole quota volume to the Community reserve be applicable. and to provide for the possibility of those Member States in which needs might arise drawing appropriate 3 . The entry of these wines under the tariff quota quantities from that reserve ; whereas the shares thus referred to in paragraph 1 shall be conditional on drawn from the reserve must be valid until the end of their being described in the V.I.I document provided the quota period ; whereas this form of administration for in Regulation (EEC) No 2115/76 as 'liqueur wines requires close collaboration between the Member to be marketed under the label of "Cyprus Sherry" '. States and the Commission , and the Commission must, in particular, be in a position to follow the 4. Within the limits of the above tariff quota, the extent to which the quota volume has been used up products referred to in paragraph 1 shall be exempt and inform the Member States thereof ; from the countervailing charges provided for in Regu­ lation (EEC) No 816/70 ('), as last amended by Regula­ tion (EEC) No 2211 /77(2 . Whereas if, at a given date in the quota period, a Member State hs a considerable quantity of the initial share left over, it is essential that it should return a Arti - : 2 significant proportion thereof to the reserve to prevent a part of the Community quota from remaining unused in one Member State when it could be used in 1 . The quota laid down in Article 1 shall be allo­ others ; cated to the Community reserve.

2. If needs for the product in question arise in a Whereas since the Kingdom of Belgium, the Member State, it shall draw an adequate share from Kingdom of the Netherlands and the Grand Duchy of the reserve thus set up, in so far as the amount of the Luxembourg are united in and represented by the reserve permits this . Benelux Economic Union all transactions concerning the administration of the shares allocated to that economic union may be carried out by any one of its Article 3 members,

The shares drawn pursuant to Article 2 shall be valid until 28 February 1978 .

HAS ADOPTED THIS REGULATION : Article 4

Member States shall return to the reserve, not later than 20 February 1978, the unused portion of their Article 1 share which, on 10 February 1978 is in excess of 20 % of the initial amount. They may return a greater portion if there are grounds for believing that such 1 . From 1 January until 28 February 1978 , the portion might not be used in full. Common Customs Tariff duties in respect of the following products originating in Cyprus shall be Each Member State shall, not later than 20 February totally suspended within the limits of an overall 1978 , notify the Commission of the total imports of Community tariff quota of 33 334 hectolitres. the products concerned effected under the Commu­ nity quota up to and including 10 February 1978 and, where appropriate, the proportion of the share CCT heading No Description returned to the reserve .

ex 22.05 C II a) ex 22.05 C II b) ] Article 5 ex 22.05 C III a) 2 Γ Liqueur wines marketed under ex 22.05 C III b) 3 f the label of ' Cyprus Sherry' ex 22.05 C IV a) 2 \ The Commission shall keep account of the shares ex 22.05 C IV b) 3 ' opened by Member States pursuant to Article 2 and, as soon as it has been notified, shall inform each State of the extent to which the reserve has been used.

2. The Protocol on the definition of the concept of te OJ No L 99, 5 . 5. 1970, p. 1 . 'originating products' and on methods of administra­ (2) OJ No L 256, 7. 10 . 1977, p. 1 .

No L 355/40 Official Journal of the European Communities 31 . 12 . 77

The Commission shall notify Member States not later marketed under this Regulation products referred to than 23 February 1978 of the amount in the reserve in Article 1 . after the return of shares pursuant to Article 4. 2. The subsidies referred to in paragraph 1 shall be The Commission shall ensure that the drawing which calculated on the basis of the difference, on the uses up the reserve is limited to the balance available markets of the importing Member States, between the and, to this end, shall specify the amount thereof to prices of Community liqueur wines and those of the the Member State making the final drawing. liqueur wine marketed under the label of 'Cyprus Sherry'. Article 6 Article 8 1 . Member States shall take all measures necessary to ensure that shares drawn pursuant to Article 2 are Detailed rules in respect, particularly, of the amount opened in such a way that imports may be charged of the subsidy and of the Community liqueur wine without interruption against their aggregrate shares in eligible for aid, shall be adopted in accordance with the Community quota. the procedure laid down in Article 7 of Regulation No 24 on the progressive establishment of a common 2. Each Member State shall ensure that importers organization of the market in wine (1 ). of the products concerned established in their terri­ tory have free access to the shares allocated to it. Article 9 3 . The extent to which a Member State has used up its shares shall be determined on the basis of the At the request of the Commission, Member States imports of the products in question entered for home shall inform it of imports actually charged against use . their shares .

Article7¶

1 . Subsidies shall be granted for liqueur wines of The Member States and the Commission shall colla­ Community origin similar to the liqueur wines borate closely in order to ensure that this Regulation described in the V.I.I document provided for in Regu­ is observed . lation (EEC) No 2115/76 as 'liqueur wines to be marketed under the label of "Cyprus Sherry" ' which Article 11 are dispatched by 28 February 1978 from the producer Member States to the other Member States This Regulation shall enter into force on 1 January 1978 . of the Community which have actually imported and

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

Done at Brussels, 29 December 1977. For the Council

The President H. SIMONET

(!) OJ No 30, 20 . 4. 1962, p . 989/ 62.