CELEX: 31976R2842
Language: en
Date: 1976-11-23 00:00:00
Title: Council Regulation (EEC) No 2842/76 of 23 November 1976 amending Annex IV to Regulation (EEC) No 816/70 laying down additional provisions for the common organization of the market in wine, and the Common Customs Tariff, as regards the exchange rate applicable to customs duties on certain wines

No L 327/ 2                             Official Journal of the European Communities                            26 . 11 . 76
                                       COUNCIL REGULATION (EEC) No 2842/76
                                                     of 23 November 1976
               amending Annex IV to Regulation (EEC) No 816/70 laying down additional pro­
               visions for the common organization of the market in wine, and the Common
               Customs Tariff, as regards the exchange rate applicable to customs duties on
                                                         certain wines
THE COUNCIL OF THE EUROPEAN                                        notwithstanding the abovementioned General Rule C
COMMUNITIES,                                                       3 the representative rate applicable in respect of
                                                                   certain wines must be used when converting the
Having regard to the Treaty establishing the European              customs duties fixed in units of account into national
Economic Community, and in particular Article 43
thereof,                                                           currencies ; whereas in respect of other wines General
                                                                   Rule C 3 remains applicable ;
Having regard to the proposal from the Commission ,
                                                                   Whereas application of two different exchange rates in
Having regard to the opinion of the European Parlia­               respect of wines falling within subheading 22.05 C of
ment ( !),                                                         the Common Customs Tariff may lead to distortion in
Whereas General Rule C 3 in Section 1 of Part 1 of                 competition between imported wines ; whereas this
the Annex to Council Regulation (EEC) No 950/68 of                 situation should be remedied as a matter of urgency ;
28 June 1968 on the Common Customs Tariff (2), as                  whereas this could be done by using the same
last amended by Regulation (EEC) No 2829/76 (3),                   exchange rate for such wines when converting the
provides that the unit of account by reference to                  customs duties expressed in units of account into
which certain specific customs duties are expressed or             national currencies ; whereas in this case the exchange
the scope of certain headings or subheadings is                    rate fixed in accordance with Regulation No 129
                                                                   should be used ;
defined has a value of 0-88867088 gramme of fine
gold ;                                                             Whereas Annex IV to Regulation (EEC) No 816/70, as
Whereas Council Regulation No 129 on the value of                  last amended by Regulation (EEC) No 2829/76,
                                                                   amends the Common Customs Tariff,
the unit of account and the exchange rates to be
applied for the purposes of the common agricultural
policy (4), as last amended by Regulation (EEC) No                 HAS ADOPTED THIS REGULATION :
2543/73 (5), allows measures to be taken which dero­
                                                                                             Article 1
gate from the principle of a par value for the conver­
sion of one currency into another ; whereas representa­            In Annex IV to Regulation (EEC) No 816/70 the table
tive rates have been adopted in the agricultural sector            concerning subheadings 22.05 C III and 22.05 C IV
under these provisions ;                                           shall be replaced by the table in the Annex to this
Whereas Regulation (EEC) No 1167/76, by amending                   Regulation .
Annex IV to Council Regulation (EEC) No 816/70 of                                            Article 2
 28 April 1970 laying down additional provisions for
 the common organization of the market in wine (6),                This    Regulation     shall enter into force on        16
 and the Common Customs Tariff, provided that                       December 1976 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 23 November 1976 .
                                                                                 For the Council
                                                                                   The President
                                                                           A. P. L. M. M. van der STEE
 (') Opinion delivered on 19 November 1976 (not yet
      published in the Official Journal).
 (2) OJ No L 172, 22. 7. 1968 , p. 1 .
 (3 ) OJ No L 326, 25 . 11 . 1976, p. 1 .
 (4) OJ No 106, 30 . 10 . 1962, p. 2553/62.
 (5) OJ No L 263, 19 . 9 . 1973, p. 1 .
 (6) OJ No L 99 , 5 . 5 . 1970, p. 1 .
 ---pagebreak---  26 . 11 . 76                                        Official Journal of the European Communities                                                                No L 327/3
                                                                                     ANNEX
                                                                                                                                                           Rate of duty
        CCT
                                                                            Description                                                        Autonomous
       heading                                                                                                                                        %             Conventional
         No
                                                                                                                                                   or levy                %
                                                                                                                                                     ( L)
          1                                                                      2                                                                                         4
 22.05                   C. Other :
                                 I. and II . (unchanged)
                               III. Of an actual alcoholic strength exceeding 15° but not exceeding 18° ,
                                     in containers holding :
                                    a) Two litres or less :
                                           1 . Port, Madeira, sherry, Tokay (Aszu and Szamorodni ) and Setubal
                                               muscatel (b)                                                                                       1 5 u.a .          1 3-5 u.a .
                                                                                                                                               per hi (c)            per hi (c)
                                          2 . Other                                                                                              1 7 u.a .                —
                                                                                                                                              per hi (a) (c)
                                    b) More than two litres :
                                          1 . Port, Madeira, sherry and Setubal muscatel (b)                                                     1 2 u.a .             1 1 u.a .
                                                                                                                                               per hi (c)           per hi (c)
                                          2. Tokay (Aszu and Szamorodni) (b)                                                                     1 2 u.a .                —
                                                                                                                                               per hi (c)
                                          3 . Other                                                                                              1 4 u.a .                —
                                                                                                                                              per hi (a) (c)
                               IV . Of an actual alcoholic strength exceeding 18° but not exceeding 22° ,
                                    in containers holding :
                                    a) Two litres or less :
                                          1 . Port, Madeira, sherry, Tokay (Aszu and Szamorodni) and Setubal
                                               muscatel (b)                                                                                      1 6 u.a .           14-5 u.a .
                                                                                                                                               per hi (c)           per hi (c)
                                          2 . Other                                                                                              1 9 u.a .             1 9 u.a .
                                                                                                                                             per hi (a) (c)         per hi (c)
                                    b) More than two litres :
                                          1 . Port, Madeira, sherry and Setubal muscatel (b)                                                     1 3 u.a .             1 2 u.a .
                                                                                                                                               per hi (c)           per hi (c)
                                          2 . Tokay (Aszu and Szamorodni ) (b)                                                                  1 3 u.a .                 —
                                                                                                                                               per hi (c)
                                          3 . Other                                                                                             1 9 u.a .             1 9 u.a .
                                                                                                                                             per hi (a) (c)         per hi (c)
                                V. (unchanged)
(a) In certain conditions a countervailing tax is provided for in respect of certain products in addition to the customs duty.
(b) Entry under this subheading is subject to conditions to be determined by the competent authorities .
(c) The exchange rate to be applied in converting into national currencies the unit of account in which the customs duty is expressed shall , notwithstanding General Rule C
    3 contained in Part I , Section 1 , be the representative rate applicable to wine, if such a rate is fixed pursuant to Council Regulation No 12 ^ on the value of the unit of
    account and the exchange rates to be applied for the purposes of the common agricultural policy (OJ No 106 , 30 . 10 . 1962 , p. 25^3 / 62).