CELEX: 31975R2506
Language: en
Date: 1975-09-29
Title: Regulation (EEC) No 2506/75 of the Council of 29 September 1975 laying down special rules for the importation of products in the wine-growing sector originating in certain third countries

No L 256/ 2                             Official Journal of the European Communities                                2 . 10 . 75
                                 REGULATION (EEC) No 2506/75 OF THE COUNCIL
                                                    of 29 September 1975
                 laying down special rules for the importation of products in the wine-growing
                                        sector originating in certain third countries
THE COUNCIL OF THE EUROPEAN                                       Whereas the requirement that wine must be accompa­
COMMUNITIES,                                                      nied by a document from an exporting country may
                                                                  constitute a useful method of checking that the refer­
Having regard to the Treaty establishing the European             ence price is respected where that country has under­
Economic Community, and in particular Article 43                  taken to adopt the measures necessary to ensure such
thereof ;
                                                                  respect,
Having regard to Council Regulation (EEC) No
8 1 6/70 ( 1 ) of 28 April 1970 laying down additional
provisions for the common organization of the market               HAS ADOPTED THIS REGULATION :
in wine , as last amended by Regulation ( EEC) No
 1 932/75 (-), and in particular Article 9 (5) thereof ;
                                                                                            Article 1
Having regard to the proposal from the Commission ;
                                                                   For the purposes of this Regulation, free-at-frontier
Having regard to the Opinion of the European Parlia­              reference price means the reference price referred to
ment (3) ;                                                        in Article 9 of Regulation (EEC) No 816/70 less
Whereas in accordance with Article 9 of Regulation                customs duties actually levied .
( EEC) No 816/70 the system for the importation of
wine is based on respect of a reference price ; whereas                                     Article 2
to ensure respect of this price, provision has been
made for the possibility of levying a countervailing              Member States shall inform the Commission of indi­
charge in addition to customs duties ;                            vidual cases of failure to observe the free-at-frontier
                                                                   reference price in respect of imports of wine origi­
Whereas certain agreements with third countries simi­
                                                                   nating in the third countries referred to either in
larly make provision for preferential tariff concessions
                                                                  Article 9 (3), second subparagraph of Regulation (EEC)
provided that the reference price is respected ;
                                                                   No 816/70 or in Article 3 ( 1 ) of this Regulation .
whereas it has been found necessary to adopt
measures making it possible in such cases to ensure
that the system operates properly so that the aims of                                       Article 3
the import arrangements laid down by the common
organization of the market in wine shall not be jeopar­            1.    Any import of wines falling within heading No
dized ;                                                            22.05 of the Common Customs Tariff and originating
                                                                  in third countries granted preferential tariff conces­
Whereas in particular the measures enabling the                   sions, provided the free-at-frontier reference price is
customs authorities of Member States to implement                  respected, shall not be subject to the preferential duty
the agreements with third countries should be laid                in the event of failure to respect this price .
down ; whereas for the implementation of these agree­
ments the conditions and detailed rules enabling,                  2 . Without prejudice to any other methods that
where the reference price is not respected, withdrawal             may be used to check the reference price, granting of
of the tariff concession to be established should be               the tariff concessions referred to in paragraph 1 shall
specified ; whereas, depending on the case, in addition           be subject to presentation of a document issued by the
to such withdrawal the countervailing charge may be               competent authorities of the exporting country certi­
reintroduced , this possibility being provided for by the         fying that the free-at-frontier reference price has been
second subparagraph of Article 9 (3) of Regulation                 respected .
( EEC) No 816/70 ;
Whereas to ensure that withdrawal of the tariff conces­
                                                                   3.    If the cases referred to in Article 2 are significant
                                                                  as regards imports of wines originating in third coun­
sion or reintroduction of the countervailing charge is             tries referred to in Article 1 and without prejudice to
not applied for any longer than is strictly necessary for          any measures that may be adopted on the basis of
the system to operate properly, it is advisable to                Article 9 of Regulation ( EEC) No 816/70 , it shall be
provide for a monthly review of the position ;                    decided in accordance with the procedure laid down
                                                                   in Article 7 of Regulation No 24 that any future
(') O ) No L 99 , 5 . 5 . 1970 , p. 1 .                            imports originating in these countries that have failed
(-) OJ No L 19 «, 29 . 7 . 1975, p. 19 .
(') Opinion delivered on 25 September           1975 ( not yet    to respect the free-at-frontier reference price shall not
     published in the Official Journal ).                         be subject to the preferential duty .
 ---pagebreak--- 2 . 10 . 75                        Official Journal of the European Communities                         No L 256/ 3
                         Article 4                           that are to be taken into consideration in establishing
                                                             the free-at-frontier offer price for each import.
Any measures adopted on the basis of Article 9 of
Regulation (EEC) No 816/70 and the measure referred          2.    The Commission shall fix the free-at-frontier
to in Article 3 (3) of the present Regulation shall be       reference price according to the origin of the
the subject of a monthly review in accordance with           imported products.
the procedure laid down in Article 8 of Regulation
No 24.                                                                               Article 6
                                                             This Regulation shall enter into force on the third day
                         Article 5                           following the day of its publication in the Official
                                                             Journal of the European Communities.
1.     Detailed rules for the application of this Regula­
tion shall be adopted in accordance with the proce­          It shall apply from the first day of the second month
dure laid down in Article 7 of Regulation No 24.             following the month of its publication in the Official
These rules shall in particular specify the elements         Journal of the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 29 September 1975.
                                                                         For the Council
                                                                           The President
                                                                          G. MARCORA