31978R0533

16 . 3 . 78 Official Journal of the European Communities No L 74/ 5

COUNCIL REGULATION ( EEC) No 533/ 78 of 13 March 1978 opening, allocating and providing for 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 competition between the said products and similar COMMUNITIES, Community wines, provision was made, in respect of the latter, for the granting of aids, based on the differ­ ence, on the market of the Member States of destina­ Having regard to the Treaty establishing the European tion , between the prices of Community liqueur wines Economic Community, and the prices of the liqueur wines in question origi­ nating in Cyprus ;

Having regard to the proposal from the Commission ,

Whereas, pending the implementation on 1 May 1978 of new Community arrangements, the tariff arrange­ Whereas the Exchange of Letters referred to in Article ments introduced by Regulation (EEC) No 3016/77 12 of the Protocol laying down certain provisions should be extended for the period 1 March 1978 to 30 relating to the Agreement establishing an Association April 1978 and a Community tariff quota should be between the European Economic Community and the opened for the products in question of a volume of Republic of Cyprus consequent on the accession of 33 334 hectolitres free of customs duties and the coun­ new Member States to the European Economic tervailing 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-application of Whereas entry under the above Community tariff countervailing charges on imports of this wine into quota must be conditional on the presentation of the Ireland and the United Kingdom , within the limits of A.CY.l movement certificate and on the wines being an annual quota of 200 000 hectolitres ; whereas, to describe 5 as 'Cyprus sherry' in the V.I.I document that end, Regulation (EEC) No 1 253/73 (2), as provided for in Regulation (EEC) No 21 1 5/76 (6) ; amended by Regulation (EEC) No 3576/73 (3), as last extended and amended by Regulation (EEC) No 1 606/76 (4), introduced arrangements for imports of the wine product exported under the label of 'Cyprus Whereas the Community nature of the quota would sherry', originating in and coming from Cyprus, and be respected by allocating the Community tariff quota provided for subsidies for similar wine products among the Member States ; whereas, in order to reflect produced in the Community as originally constituted as accurately as possible the actual development of the and exported to Ireland and the United Kingdom ; market in the products concerned, such allocation whereas the arrangements in question expired on 30 should be in proportion to the requirements of the June 1977 ; Member States, assessed by reference to both the statis­ tics relating to imports of the said products from Cyprus over a representative period and the economic Whereas, to allow for the disposal of existing stocks , outlook for the quota period concerned ; Community arrangements were introduced until 28 February 1978 in the form of a Community tariff quota exempt from customs duties and the counter­ vailing charge, by Regulation (EEC) No 30 1 6/77 (5 ) ; Whereas in this case , however, neither Community whereas these arrangements should not disturb the nor national statistics showing the breakdown for each market in Community wines similar to liqueur wines of the types of wines in question are available ; originating in Cyprus and covered K ' Ms Regulation ; whereas estimating the import needs of the Member whereas, to avoid distortion of the conditions of States for the quota period is difficult because of the absence of valid precedents ; whereas because of the 0 ) OJ No L 133 , 21 . 5 S8 . small amount of the tariff quota the allocation thereof (2) OJ No L 133 , 21 p. 115 . between the Member States would result in such small (3 ) OJ No L 359 . / 3 , p. 33 . (4) OJ No L 1~ \ ; b , p. 6 . (5) OJ No L Vv\ ; 2 . 1977, p. 38 . ( b) OJ No L 237, 28 . 8 . 1976, p. 1 .

No L 74/ 6 16 . 3 . 78 Official Journal of the European Communities

shares being allocated that they would no longer be the European Economic Community and Cyprus shall considered commercially viable ; whereas, as a result be applicable . the only possible course would seem to be to allocate the whole quota volume to the Community reserve 3 . The entry of these wines under the tariff quota and to provide for the possibility of those Member referred to in paragraph 1 shall be conditional on States in which needs might arise drawing appropriate their being described in the V.I.I document provided quantities from that reserve ; whereas the shares thus for in Regulation (EEC) No 2115/76 as 'liqueur wines drawn from the reserve must be valid until the end of to be marketed under the label of "Cyprus sherry".' the quota period ; whereas this form of administration requires close collaboration between the Member 4. Within the limits of the above tariff quota, the States and the Commission, which latter must, in parti­ products referred to in paragraph 1 shall be exempt cular, be in a position to follow the extent to which from the countervailing charges provided for in Regu­ the quota volume has been used up and inform the lation (EEC) No 816/70 (*), as last amended by Regula­ Member States thereof ; tion (EEC) No 221 1 /77 (2).

Whereas if, at a given date in the quota period, a Article 2 Member State has a considerable quantity of the initial share left over, it is essential that it should 1 . The quota laid down in Article 1 shall be allo­ return a significant proportion thereof to the reserve cated to the Community reserve. to prevent a part of the Community quota from remaining unused in one Member State when it could 2. If needs for the product in question arise in a be used in others ; Member State, it shall draw an adequate share from the reserve thus set up, in so far as the amount of the reserve so permits . Whereas, since the Kingdom of Belgium , the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented Article 3 by the Benelux Economic Union , any measure concerning the administration of the shares allocated The shares drawn pursuant to Article 2 shall be valid to that economic union may be carried out by any until 30 April 1978 . one of its members,

Article4¶

Member States shall return to the reserve, not later HAS ADOPTED THIS REGULATION : than 20 April 1978 , th° unused portion of their share which, on 10 April 1978 is in excess of 20 % of the initial amount. They may return a greater portion if there are grounds for believing that such portion Article 1 might not be used in full.

Each Member State shall, not later than 20 April 1978, 1 . Until 30 April 1978 , the Common Customs notify the Commission of the total imports of the Tariff duties in respect of the following products origi­ products concerned effected under the Community nating in Cyprus shall be totally suspended within the quota up to and including 10 April 1978 and, where limits of an overall Community tariff quota of 33 334 appropriate, the proportion of the share returned to hectolitres : the reserve .

CCT heading Description Article 5 No The Commission shall keep account of the shares ex 22.05 C II a) opened by Member States pursuant to Article 2 and, ex 22.05 C II b) Liqueur wines marketed as soon as it has been notified, shall inform each State ex 22.05 C III a) 2 under the label of 'Cyprus of the extent to which the reserve has been used up. ex 22.05 C III b) 3 sherry' ex 22.05 C IV a) 2 ex 22.05 C IV b) 3 The Commission shall notify Member States not later than 23 April 1978 of the amount in the reserve after the return of shares pursuant to Article 4. 2. The Protocol on the definition of the concept of 'originating products' and on methods of administra­ (') OJ No L 99, 5 . 5 . 1970, p. 1 . tive cooperation annexed to the Agreement between (2 ) OJ No L 256, 7 . 10 . 1977, p. 1 .

16 . 3 . 78 Official Journal of the European Communities No L 74/7

The Commission shall ensure that the drawing which 2. The subsidies referred to in paragraph 1 shall be uses up the reserve is limited to the balance available calculated on the basis of the difference , on the and, to this end , shall specify the amount thereof to markets of the importing Member States, between the the Member State making the final drawing. prices of Community liqueur wines and those of the liqueur wine marketed under the label of 'Cyprus Article 6 sherry'.

1 . Member States shall take all measures necessary Article 8 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 aggregate shares in eligible for aid, shall be adopted in accordance with the Community quota . the procedure laid down in Article 7 of Regulation 2 . Each Member State shall ensure that importers No 24 on the progressive establishment of a common of the products concerned established in their terri­ organization of the market in wine ('). 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¶

The Member States and the Commission shall colla­ 1 . Subsidies shall be granted for liqueur wines of Community origin similar to the liqueur wines borate closely in order to ensure that this Regulation is observed . described in the V.I.I document provided for in Regu­ lation ( EEC) No 2115/76 as ' liqueur wines to be Article 11 marketed under the label of "Cyprus sherry'" which are dispatched by 30 April 1 978 from the producer This Regulation shall enter into force on the day Member States to the other Member States of the following its publication in the Official Journal of Community which have actually imported and the European Communities. marketed under this Regulation products referred to in Article 1 . It shall apply from 1 March 1978 .

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

Done at Brussels, 13 March 1978 .

For the Council

The President

Lise 0STERGAARD

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