CELEX: 31970R1014
Language: en
Date: 1970-05-29 00:00:00
Title: Regulation (EEC) No 1014/70 of the Commission of 29 May 1970 on import licences for wine

Official Journal of the European Communities                                   287
 1.6.70                             Official Journal of the European Communities                             No L 118 /3
                             REGULATION (EEC) No 1014/70 OF THE COMMISSION
                                                     of 29 May 1970
                                               on import licences for wine
 THE    COMMISSION       OF     THE  EUROPEAN       COM­        Whereas, with a view to avoiding any difference in
 MUNITIES,                                                      the treatment of Community traders, national
                                                                administrations should be subject to uniform rules as
Having regard to the Treaty establishing the                    regards determining the exact date on which
European Economic Community ;                                   applications for the issue of import licences are to be
                                                                considered as having reached the authority
Having regard to Council Regulation (EEC) No                    responsible for issuing them ; whereas, to that end, it
 816/701 of 28 April 1970 laying down additional                is essential to lay down provisions enabling a
provisions for the common organisation of the                   specified working day to be clearly defined as the
market in wine, and in particular Articles 8 (3 ) and           date on which the authority concerned receives an
35 thereof;                                                     application for the issue of a licence;
Whereas Article 8 ( 1 ) of Regulation (EEC) No 816/70           Whereas the fourth subparagraph of Article 8 (2) of
                                                                Regulation (EEC) No 816/70 provides that the issue
provides that imports into the Community of any of
the products listed in Article 1 of that Regulation are         of licences is conditional on the lodging of a deposit
conditional on the submission of an import licence ;           which shall be forfeited in whole or in part if the
                                                               transaction is not effected ; whereas, in order to avoid
                                                               disturbances in the pattern of trade due to the
Whereas the transfer of the rights and obligations              application of different systems by Member States,
derived from the import licences may give rise to              rules for applying the deposit and the amount thereof
difficulties as regards the application of the                 should be specified ;
provisions of this Regulation and in particular as
regards the loss of the deposit; whereas it is therefore       Whereas it is nevertheless necessary to provide
advisable to prohibit the transfer of import licences ;        adequate measures in cases where importation
                                                               cannot, for reasons of force majeure, take place ,
Whereas, in view of international trade practice, a            during the period of validity of the licence;
certain margin should be allowed in respect of the
quantities specified in the licence as regards 'the use of     Whereas, in order to enable the Commission to have
the licence and the obligation to import;                      an overall view of the trend of imports, it is necessary
                                                               that it be informed regularly by Member States of the
Whereas it is necessary, in order for the system of             import licences issued;
import licences to be properly applied, that a certain
minimum amount of information should be given in               Whereas the measures provided for in this Regulation
the licences ; whereas, for that reason, it is essential       are in accordance with the Opinion of the
for the competent authority issuing the licences to be         Management Committee for Wine;
informed by the importer, within specified time
limits, of the country from which the product in
question is being exported ;                                   HAS ADOPTED THIS REGULATION :
Whereas the period of validity of import licences                                      Article 1
must be restricted in the light of international trade
practice and normal delivery periods ;
                                                               1.     The import licence shall authorise and make
                                                               obligatory the importation of the net quantity of
                                                               products as specified during the period of validity of
1 OJ No L 99, 5.6. 1970, p. 1 .                                the licence.
 ---pagebreak--- 288                                 Official Journal of the European Communities
2. If the net quantity imported is less than the net           4. the net quantity of product ' in hectolitres or,
quantity specified in the licence by no more than 5% ,              where appropriate, in metric units of weight;
the obligation to import shall be considered as having
been fulfilled.                                                5 . the last day of validity of the licence;
If the net quantity imported exceeds the quantity              6 . the exporting third country.
specified in the licence by no more than 5% , that
quantity shall be considered as haying been imported
under that document.
                                                                                         Article 6
                                                               1 . The following shall be considered . as
                        Article 2                               applications for licences lodged on a given day :
The rights and obligations devolving from the licence          (a) applications lodged at the offices of the
shall not be transferable.                                           competent authority concerned not later than
                                                                      15.30 hours on that day, if a working day for
                                                                     that authority ;
                        Article 3                               (b) applications sent by letter or telex received in the
                                                                     above-mentioned offices not later        than • 15.30
The licence shall be valid from the date of issue until              hours on the day in question;
the end of the third month following the month of
issue .                                                        ( c) applications sent by telegram received in those
                                                                      offices not later than 17.00 hours on the day in
                                                                     question    provided    that   the   telegram    was
                                                                     registered at the transmitting telegraph office not
                        Article 4                                    later than 15.30 hours .
Until Community import licence forms are drawn up,
Member States may use their own printed forms.                 2.      Applications for licences received on a day other
Such licences, subject to provisions laid down in              than a working day for the competent authority, or
                                                               on a working day for it but after the time specified
other Regulations, Directives or Decisions adopted by
Community institutions, shall contain all the details          above, shall be considered as having been lodged on
listed in Article 5 .                                          the first working day following receipt thereof.
                                                               Applications sent by telegram shall be considered as
                                                               having been submitted on the first working day
                        Article 5                              following the day of reception if the telegram is
                                                               registered after 15.30 hours at the transmitting
                                                               telegraph office even though it may reach the
Each licence shall state :
                                                               competent authority before 17.00 hours .
1 . the name and address of the applicant;                     3 . When Summer Time is in force in Italy, the time
                                                               limits specified in this Article shall be understood in
2 . a description of the product and, in the case of           that Member State to be one hour later.
    Riesling or Sylvaner, the name of the vine variety
    together with the number of the sub-heading of
    the Common Customs Tariff and, at the request
    of the Member State issuing the licence, the                                         Article 7
    reference number of the nomenclature of goods in
    the national statistical register for foreign trade.        1 . 1 The issue of a licence for a quantity exceeding 1
    Where the tariff sub-heading specifies the                  hiectolitre or, where appropriate, 100 kilogrammes of
    alcoholic strength of the product, a variation of          the products listed in Article 1 (2) of Regulation
    0-4° from that strength shall be permitted for the          (EEC) No 816/70 shall be subject to the lodging of
    purpose of the licence. That variation shall be             a deposit.
    mentioned in the licence ;
                                                               The amount of the deposit for each product is set out
3 . the colour of the wine or the must;                        in the following Table :
 ---pagebreak---                                        Official Journal of the European Communities                                        '289
                      CCT
                                                                                                         Amount
                    heading                             Description of goods                          of the deposit
                       No
                     22.04          Grape must, in fermentation or with fermentation               2Ό u.a. per hi
                                    arrested otherwise than by the addition of alcohol.
                     22.05          Wine of fresh grapes ; grape must with fermentation
                                    arrested by the addition of alcohol :
                                    — sparkling wines                                              6Ό u.a . per hi
                                    — liqueur wines                                                7*5 u.a . per hi
                                        wines fortified for distillation                           2*5 u.a. per hi
                                    — other wines :
                                        1 . Of an actual alcoholic strength not exceeding
                                            13°                                                    2-0 u.a. per hi
                                        2 . Of an actual alcoholic strength exceeding 13°
                                            but not exceeding 15°                                  2*5 u.a. per hi
                                        3 . Of an actual alcoholic strength exceeding 15°
                                            but not exceeding 18°                                  3*0 u.a. per hi
                                        4. Of an actual alcoholic strength exceeding 18°
                                            but not 22°                                            3*5 u.a. per hi
                     08.04 A II     Fresh grapes other than table grapes                           1*5 u.a. per hi
                 ex 22.10           Wine vinegars for human consumption                            2*0 u.a . per hi
                 ex 22.07    .      Piquette                                                       1Ό u.a . per hi
                 ex 22.09 A         Diluted alcohols of agricultural origin                        1*5 u.a . per hi
                     23.05          Wine lees                                                      1·0 u.a. per hi
                                    Argol                                                          0-1 u.a. per hi
                 ex 23.06 A         Grape marcs                                                    1Ό u.a. per 100 kg
2.      The deposit, shall be paid in cash or in the form                However, if the net quantity imported amounts to
of a guarantee provided by a credit institution                          less than 5% of the net quantity shown in the licence,
 satisfying the criteria laid down by the Member State                   the deposit shall be entirely forfeited .
to which the application for a licence is made.
                          Article 8                                                             Article 9
 1 . The deposit shall be returned once a quantity                      1 . When importation cannot be effected during the
 equal to not less than 95% of the net quantity shown                   period of validity of the licence owing to
 in the licence has been imported.                                      circumstances deemed to be a case of force majeure,
                                                                        the competent authority shall decide, at the request
2. Subject to the provisions of Article 9, where the                    of the party concerned, either that the obligation to
obligation to import has not been fulfilled within the                  import is to be cancelled and that the deposit is not
period of validity of the licence, the deposit shall be                  to be forfeited or that the period of validity of the
forfeited for a quantity equal to the difference                         licence is to be extended for the period of time
between :                                                                required in view of the circumstances invoked.
  ( a) 95% of the net quantity shown in the licence ;
       and                                                               2.    When a Member State accepts             a given
                                                                         circumstance as a case of force majeure, it shall
  ( b) the net quantity actually imported.                               inform the Commission thereof forthwith.
                                                                                                                     &
 ---pagebreak--- 290                                Official Journal of the European Communities
3.    If a circumstance deemed to be a case of force                                 Article 10
majeure and relating to the country of origin is
invoked, such circumstances may be accepted only if           Member States shall notify the Commission, not later
the competent authority was notified , in time of the         than the Wednesday of each week, of the quantities
country of origin before the circumstance deemed to           of products for which import licences have been
be a case of force majeure occurred. Notification of          issued during the previous week.
the country of origin shall be considered as having           Such information shall be arranged according to
been made in time if, at the time the notification was        exporting countries, to the Common Customs Tariff
given, the case of force majeure could not have been          specifications and, in the case of Riesling or Sylvaner,
foreseen .                                                    the name of the vine variety, and, in the case of wine
                                                              or must, the colour.
                                                                                     Article 11
4.    The importer shall, by means of appropriate
documents, supply proof of the circumstance deemed            This Regulation shall enter into force , on 1 June
to be a case of force majeure.                                1970 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 29 May 1970.
                                                                                 For the Commission
                                                                                     The President
                                                                                       Jean REY