31978R0135

26 . 1 . 78 No L 21 / 11 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 135 /78

of 25 January 1978

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 3016 / 77 of 29 December 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 stances such document is not required ; whereas it is Tariff, originating in Cyprus and marketed under the 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 and in particular Article 8 thereof, the products in question are consigned ;

Having regard to Council Regulation ( EEC) No 816/ 70 of 28 April 1970 laying down additional provi­ Whereas the consignor should also be required to sions for the common organization of the market in furnish proof that the products concerned have been wine (2), as last amended by Regulation ( EEC) No released to the United Kingdom or Irish markets ; 2560 /77 (3 ), and in particular Article 29 (3) thereof, whereas such proof may take the form of the control copy provided for in Commission Regulation ( EEC) Whereas Article 7 ( 1 ) of Regulation ( EEC) No 3016 / 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), as amended by Regulation ( EEC) No intended for marketing as 'Cyprus sherry', consigned 1601 /77 ( 7) ; whereas any further information neces­ on or before 28 February 1978 by producer Member sary for control purposes should be given in that docu­ States to other Member States of the Community ment ; which have actually imported such products and marketed them pursuant to the said Regulation ( EEC) Whereas , since the subsidy is at present to be granted No 3016/ 77 ; whereas, according to the information available to the Commission , such products are only in respect of consignments to Ireland and the United Kingdom , it is necessary to provide that, marketed as Cyprus sherry in two Member States, where a wine product qualifying for a subsidy is recon­ Ireland and the United Kingdom ; whereas subsidies signed to another Member State of the Community or must therefore be granted for consignments of similar 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 Kingdom should be used to finance intervention Whereas Article 7 ( 2) of Regulation ( EEC) No 3016 / 77 measures designed to stabilize the agricultural provides that the amount of the subsidy granted to markets ; Community products must be determined on the basis of the difference , on the markets of the importing Member States, between the prices of Whereas, in order that the Commission and the Community liqueur wines and those of liqueur wines Member States concerned keep track of the situation , marketed as ' Cyprus sherry' ; they should be informed of the quantities in respect of which subsidies have been applied for and the quan­ Whereas in order to obtain the subsidy the consignor tities in respect of which subsidies have been granted ; should be required to furnish the necessary proof ; (4 ) OJ No L I 1 3 , I. 5 . 1 975, p. I. (') OJ No L 355 , 31 . 12 . 1977, p. 38 . ( s ) OJ No L 304 , 29 . 11 . 1977 , p. 33 . (2 ) OJ No L 99 , 5 . 5 . 1970 , p. 1 . ( h) 0 | No L 38 , 9 . 2 . 1977 , p. 20 . ( 3 OJ No L 303 , 28 . II . 1977, p. 1 . ( 7 ) OJ No L 1 82, 22 . 7 . 1977 , p. 1 .

No L 21 / 12 Official Journal of the European Communities 26 . 1 . 78

Whereas the Management Committee for Wine has present to the competent authorities of the Member not delivered an opinion within the time limit set by State from which the product was consigned an appli­ its chairman , cation for a subsidy accompanied by ;

— a copy of the accompanying document provided for in Regulation ( EEC) No 1153 /75 , it being HAS ADOPTED THIS REGULATION : possible to replace such copy by any other appro­ priate document specified by the Member States Article 1 concerned where the wine was consigned before the entry into force of this Regulation and the accompanying document was not required The liqueur wines qualifying for the subsidy provided pursuant to Article 13 (2) of Regulation ( EEC) No for in Article 7 of Regulation (EEC) No 3016/77 shall 1 1 53 / 75 , and be those of quality liqueur wines produced in speci­ fied regions, consigned to Ireland and the United — proof from the United Kingdom or Irish customs Kingdom . authorities that the wine products in question have been released to the market in the Member State of destination . Article 2

For the purposes of this provision and without preju­ For products as referred to in Article 1 in respect of dice to the provision in the first indent above for the which customs formalities on consignment were replacement of the accompanying document, the completed between 1 January and 28 February 1978 , Member State from which the products in question the amount of the subsidy provided for in Article 7 of are consigned may not avail itself of the option Regulation (EEC) No 3016/77 shall be : provided for in Article 13 (2) of Regulation ( EEC) No 1153 / 75 . — 10 units of account per hectolitre for products with an actual alcoholic strength of at least 15° and not more than 18° , 2 . The proof referred to in the preceding paragraph shall be furnished by production of the control copy — 15 units of account per hectolitre for products referred to in Article 10 of Regulation ( EEC) No with an actual alcoholic strength of at least 18° 223/77 . Entries shall be made in the following and not more than 22° . sections of the control copy :

(a) Sections 101 and 103 ; Article 3 (b) Section 104, deleting as necessary and inserting 1 . The subsidy shall be granted to the consignors one of the following : concerned in accordance with the procedure laid — Intended for entry for home use , down in Article 4 . — Bestemt til overgang til forbrug, 2. The day on which the customs formalities on — Für den freien Verkehr bestimmt , consignment are completed shall be the day on which — Destine a etre mis a la consommation , the customs authorities accept the document by which the declarant states his intention to consign to — Destinato ad essere immesso in consumo, Ireland or the United Kingdom a product of the kind — Bestemd om in het vrije verkeer te worden specified in Article 1 . At the time of such acceptance gebracht . the products concerned shall be placed under customs control and shall so remain until they leave the terri­ tory of the Member State from which they are Article 5 consigned .

1 . Where customs import formalities are completed The day on which the customs formalities on consign­ in Ireland or the United Kingdom on or after 1 ment are completed shall be the operative date for January 1978 in respect of a wine product as referred determining the quantity, nature and characteristics of to in Article 1 and this product is then reconsigned the product consigned . from either of these two Member States to another Member State or exported to a non-member country, Article 4 an amount shall be charged which is equal to the subsidy applicable on the day of completion of the 1 . To obtain payment of the subsidy, the consignor customs formalities on consignment or export . must, within three months of the completion of customs formalities on consignment or, in the case of The said amount shall be paid by the consignor or wine consigned before this Regulation enters into exporter not later than the time of completion of the force , within three months of its entry into force , customs formalities .

26 . 1 . 78 Official Journal of the European Communities No L 21 / 13

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 : Articleand 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 seventh day following the entry into force of this Article 6 Regulation , 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, 25 January 1978 .

For the Commission

Finn GUNDELACH

Vice-President