CELEX: 31976D0226
Language: en
Date: 1976-02-06 00:00:00
Title: Commission Decision of 6 February 1976 authorizing the French Republic to apply protective measures in trade within the Community in wines falling within subheading 22.05 C of the Common Customs Tariff coming from Greece

No L 43/28                            Official Journal of the European Communities                              19 . 2. 76
                                                COMMISSION DECISION
                                                     of 6 February 1976
             authorizing the French Republic to apply protective measures in trade within
             the Community in wines falling within subheading 22.05 C of the Common
                                          Customs Tariff coming from Greece
                                              (Only the French text is authentic)
                                                         (76/226/EEC)
THE COMMISSION OF THE EUROPEAN                                    tariff divergences, while taking account of the tariff
COMMUNITIES,                                                      quotas opened in favour of Greece ;
Having regard to the Treaty establishing the European             Whereas the period of validity of this Decision should
 Economic Community, and in particular the first para­            end upon the entry into force of a common tariff
graph of Article 1 1 5 thereof,                                   arrangement for imports of the relevant products from
                                                                  Greece, and in any event not later than 31 December
Having regard to the applications made by the French              1976,
Republic on 28 January 1976, for authorization under
the first paragraph of Article 115 of the Treaty to
apply protective measures in intra-Community trade
in wines coming from Greece and put into free circu­              HAS ADOPTED THIS DECISION :
lation in another Member State,
Whereas Regulation (EEC) No 816/70 of 28 April                                            Article 1
 1970 laying down additional provisions for the
common organization of the market in wine ( J ), liberal­         The French Republic is authorized to levy, on imports
ized imports of these products from third countries               of wines falling within Subheading 22.05 C of the
and provided for their free movement within the                   Common Customs Tariff coming from Greece and
Community ;                                                       put into free circulation in another Member State, a
                                                                  countervailing charge of an amount not exceeding the
Whereas, however, in accordance with the Agreement                difference between the customs duties which they
creating an association between the European                      apply to imports of the wine in question coming
Economic Community and Greece, and in particular                  direct from Greece and the customs duties which were
with Protocol 14 thereof, the Member States are to                levied on the same wine when it was released for free
apply different customs duties to wines imported from             circulation in the Community.
Greece ; whereas although these wines are imported
duty-free into the Benelux countries, and are not
subject to quantitative restrictions in the other                                         Article 2
Member States they are generally subject to customs
duties or, as the case may be, to tariff quotas at                For wines in respect of which the relevant Member
reduced or zero duties, varying from one Member                   States have opened tariff quotas under Protocol 14 to
State to another ;                                                the Agreement creating an association between the
                                                                  European Economic Community and Greece, and
Whereas these tariff divergences cause deflections of             until the relevant tariff quota is used up by imports
trade which, if they continue, are likely to hinder the           direct from Greece or passing through another
implementation of tariff measures applied by the                  Member State, the charge provided for in Article 1
Member States in respect of Greece ;                              shall be calculated on the customs duty applicable in
                                                                  the relevant Member State on that tariff quota.
Whereas it is not possible in present circumstances
for the Member States to introduce methods of cooper­
ation such as would obviate the need for protective                                       Article 3
measures ;
                                                                  The French Republic shall without delay inform the
Whereas the French Republic should therefore be                   Commission of the measures taken under this Deci­
authorized temporarily to take the necessary protective           sion .
measures ;
Whereas these measures may consist of levying an                                          Article 4
additional import charge, designed to offset present
                                                                  This Decision shall be applicable only until the
(') OJ No L 99 , 5 . 5 . 1970, p. 1 .                             common tariff arrangement for imports of wine from
 ---pagebreak--- 19 . 2 . 76                      Official Journal of the European Communities                     No L 43/29
Greece enters into force, and shall not apply after 31     Done at Brussels, 6 February 1976.
December 1976 .
                                                                                  For the Commission
                      Article 5                                                    Christopher SOAMES
This Decision is addressed to the French Republic .                                   Vice-President