CELEX: 31974D0012
Language: en
Date: 1973-12-03 00:00:00
Title: Commission Decision of 3 December 1973 authorizing the Italian Republic, the Federal Republic of Germany and the French Republic to apply protective measures in trade within the Community in wines falling within heading No 22.05 C of the Common Customs Tariff coming from Greece

18 . 1 . 74                       Official Journal of the European Communities                             No L 15/33
                                                             II
                                      (Acts whose publication is not obligatory)
                                               COMMISSION
                                             COMMISSION DECISION
                                                  of 3 December 1973
             authorizing the Italian Republic, the Federal Republic of Germany and the
             French Republic to apply protective measures in trade within the Community in
             wines falling within heading No 22.05 C of the Common Customs Tariff coming
                                                      from Greece
                              (Only the Italian , German and French texts are authentic)
                                                       (74/ 12/EEC)
THE COMMISSION OF THE EUROPEAN                                  Member States they are generally subject to customs
COMMUNITIES,                                                     duties or, as the case may be, to tariff quotas at
                                                                 reduced or zero duties, varying from one Member
                                                                State to another.
Having regard to the Treaty establishing the European
Economic Community, and in particular the first para­
graph of Article 115 thereof ;                                  Whereas these tariff divergences cause deflections of
                                                                trade which, if they continue, are likely to hinder the
Having regard to the applications made by the Italian           implementation of tariff measures applied by the
Republic, the Federal Republic of Germany and the               Member States in respect of Greece ;
French Republic on 29 October, 19 November and 21
November 1973 respectively for authorization under
the first paragraph of Article 115 of the Treaty to             Whereas it is not possible in present circumstances
apply protective measures in intra-Community trade              for the Member States to introduce methods of cooper­
in wines coming from Greece and put into free circu­             ation such as would obviate the need for protective
lation in another Member State ;                                 measures ;
Whereas Regulation (EEC) No 816/70 ( x) laying down             Whereas the Italian Republic, the Federal Republic of
additional provisions for the common organization of            Germany and the French Republic should therefore
the market in wine, liberalized imports of these                be authorized temporarily to take the necessary protec­
products from third countries and provided for their            tives measures ;
free movement within the Community ;
                                                                Whereas these measures may consist of levying an
Whereas, however, in accordance with the Agreement              additional import charge, designed to offset present
creating an association between the European                    tariff divergences, while taking account of the tariff
Economic Community and Greece, and in particular                quotas opened in favour of Greece ;
with Protocol No 14 thereof, the Member States are to
apply different customs duties to wines imported from
Greece ; whereas although these wines are imported              Whereas the period of validity of this Decision should
duty-free into the Benelux countries, and are not               end upon the entry into force of a common tariff
subject to quantitative restrictions in the other               arrangement for imports of the relevant products from
                                                                Greece, and in any event not later than 31 October
(!) OJ No L 99, 5. 5. 1970, p. 1 .                               1974,
 ---pagebreak--- No L 15/34                         Official Journal of the European Communities                               18 . 1 . 74
HAS ADOPTED THIS DECISION :                                   natural state or after vinification, the Federal Republic
                                                             of Germany may not levy the charge unless total
                        Article 1                             imports of those wines direct from Greece or passing
                                                             through another Member State have, over the period
The Italian Republic, the Federal Republic of                 from 1 November 1973 to 31 October 1974, reached
Germany and the French Republic are authorized to             228 500 hi .
levy, on imports of wines falling within heading No
22.05 C of the Common Customs Tariff, coming from                                      Article 3
Greece and put into free circulation in another
Member State, a countervailing charge of an amount           The relevant Member States shall without delay
not exceeding the difference between the customs              inform the Commission of the measures taken under
duties which they apply to imports of the wine in             this Decision .
question coming direct from Greece and the customs
duties which were levied on the same wine when it                                      Article 4
was released for free circulation in the Community.
                                                             This Decision shall be applicable only until the
                        Article 2
                                                             common tariff arrangement for imports of wine from
                                                             Greece enters into force, and shall not apply after 31
1.    For wines in respect of which the relevant             October 1974.
Member State has opened tariff quotas under Protocol
No 14 to the Agreement creating an association                                         Article 5
between the European Economic Community and
Greece, and until the relevant tariff quota is used up       This Decision is addressed to the Italian Republic,
by imports direct from Greece or passing through              the Federal Republic of Germany and the French
another Member State, the charge provided for in              Republic.
Article 1 shall be calculated on the customs duty appli­
cable in the relevant Member State on that tariff             Done at Brussels, 3 December 1973 .
quota.                                                                                   For the Commission
2.    However, for wines which are to be used for                                            The President
preparing vermouth, for making vinegar, for distilla­
tion or for coupage (industrial wines), imported in the                                 Francois-Xavier ORTOLI