CELEX: 31978R0896
Language: en
Date: 1978-04-28 00:00:00
Title: Commission Regulation (EEC) No 896/78 of 28 April 1978 fixing countervailing charges in the wine sector

Avis juridique important

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31978R0896

Commission Regulation (EEC) No 896/78 of 28 April 1978 fixing countervailing charges in the wine sector  

Official Journal L 117 , 29/04/1978 P. 0058 - 0060 Greek special edition: Chapter 03 Volume 21 P. 0021 

****( 1 ) OJ NO L 99 , 5 . 5 . 1970 , P . 1 .  ( 2 ) OJ NO L 303 , 28 . 11 . 1977 , P . 1 .  ( 3 ) OJ NO L 318 , 13 . 12 . 1977 , P . 24 .  ( 4 ) OJ NO L 93 , 7 . 4 . 1978 , P . 13 .  ( 5 ) OJ NO L 118 , 1 . 6 . 1970 , P . 13 .  ( 6 ) OJ NO L 345 , 15 . 12 . 1976 , P . 11 .  ( 7 ) OJ NO L 346 , 16 . 12 . 1976 , P . 15 .    COMMISSION REGULATION ( EEC ) NO 896/78   OF 28 APRIL 1978   FIXING COUNTERVAILING CHARGES IN THE WINE SECTOR   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 816/70 OF 28 APRIL 1970 LAYING DOWN ADDITIONAL PROVISIONS FOR THE COMMON ORGANIZATION OF THE MARKET IN WINE ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2560/77 ( 2 ), AND IN PARTICULAR ARTICLE 9  ( 6 ) THEREOF ,   WHEREAS PURSUANT TO ARTICLE 9 ( 3 ) OF REGULATION ( EEC ) NO 816/70 A COUNTERVAILING CHARGE MUST BE LEVIED ON IMPORTED PRODUCTS WHEN THE FREE-AT-FRONTIER OFFER PRICE FOR THOSE PRODUCTS PLUS CUSTOMS DUTIES IS LOWER THAN THEIR REFERENCE PRICE ; WHEREAS THE COUNTERVAILING CHARGE IS EQUAL TO THE DIFFERENCE BETWEEN THE REFERENCE PRICE AND THE FREE-AT-FRONTIER OFFER PRICE PLUS CUSTOMS DUTIES ;   WHEREAS COMMISSION REGULATION ( EEC ) NO 2753/77 OF 15 DECEMBER 1977 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 687/78 ( 4 ), FIXED THE REFERENCE PRICES FOR THE PERIOD 15 DECEMBER 1977 TO 15 DECEMBER 1978 ;   WHEREAS , IN RESPECT OF EACH PRODUCT FOR WHICH A REFERENCE PRICE IS FIXED , A FREE-AT-FRONTIER OFFER PRICE FOR ALL IMPORTS IS DETERMINED ON THE BASIS OF ALL THE AVAILABLE INFORMATION ; WHEREAS THE NATURE OF THAT INFORMATION IS SPECIFIED IN ARTICLE 1 ( 1 ), ( 2 ) AND ( 3 ) OF COMMISSION REGULATION ( EEC ) NO 1019/70 OF 29 MAY 1970 ON DETAILED RULES FOR ESTABLISHING FREE-AT-FRONTIER OFFER PRICES AND FIXING THE COUNTERVAILING CHARGE IN THE WINE SECTOR ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3059/76 ( 6 );   WHEREAS , IN ACCORDANCE WITH ARTICLES 1 AND 3 OF REGULATION  ( EEC ) NO 1019/70 , FREE-AT-FRONTIER OFFER PRICES MUST BE ESTABLISHED ON THE BASIS OF THE MOST ADVANTAGEOUS PURCHASING POSSIBILITIES FOR THE PRODUCTS IN QUESTION ; WHEREAS IN ESTABLISHING THESE PRICES NO ACCOUNT IS TO BE TAKEN OF INFORMATION CONCERNING SUPPLIES WHICH HAVE NO ECONOMIC EFFECT ON THE MARKET , IN PARTICULAR OWING TO THE SMALL QUANTITIES INVOLVED ;   WHEREAS , IN ACCORDANCE WITH ARTICLE 2 OF REGULATION ( EEC ) NO 1019/70 , THE PRICES MUST BE ADJUSTED IF THEY DO NOT APPLY FREE-AT-COMMUNITY-FRONTIER OR TO A PRODUCT CORRESPONDING TO THE ONE WHOSE GUIDE PRICE WAS TAKEN INTO ACCOUNT FOR FIXING THE REFERENCE PRICE ;   WHEREAS THE COUNTERVAILING CHARGE FOR A PRODUCT MUST BE FIXED PER DEGREE/HL OR PER HL ACCORDING TO WHETHER THE REFERENCE PRICE FOR THAT PRODUCT IS FIXED PER DEGREE/HL OR PER HL ;   WHEREAS , IN ACCORDANCE WITH ARTICLE 4 ( 2 ) OF REGULATION  ( EEC ) NO 1019/70 , THE COUNTERVAILING CHARGE IS ALTERED WHEN AN APPRECIABLE VARIATION IN THE FREE-AT-FRONTIER OFFER PRICE IS RECORDED ;   WHEREAS REGULATION ( EEC ) NO 3070/76 OF 15 DECEMBER 1976 FIXING COUNTERVAILING CHARGES IN THE WINE SECTOR ( 7 ), SHOULD BE REPEALED ;   WHEREAS IT FOLLOWS FROM APPLYING THESE RULES TO THE INFORMATION AT PRESENT AVAILABLE TO THE COMMISSION THAT THE COUNTERVAILING CHARGE SHOULD BE FIXED AS STATED BELOW ;   WHEREAS THE MANAGEMENT COMMITTEE FOR WINE HAS NOT DELIVERED AN OPINION WITHIN THE TIME LIMIT SET BY ITS CHAIRMAN ,   HAS ADOPTED THIS REGULATION :   ARTICLE 1   1 .  THE COUNTERVAILING CHARGES APPLICABLE IN THE WINE SECTOR SHALL BE AS SHOWN IN THE ANNEX HERETO .   THE PROVISIONS OF THIS REGULATION SHALL NOT APPLY TO LIQUEUR WINES ( SUBHEADING EX 22.05 C , SECOND INDENT ,  ' OTHERS ' ) SHOWN TO HAVE BEEN DISPATCHED FROM THE THIRD COUNTRY IN QUESTION BEFORE THE DATE ON WHICH THIS REGULATION TOOK EFFECT .   2 .  REGULATION ( EEC ) NO 3070/76 IS HEREBY REPEALED .   ARTICLE 2   THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   IT SHALL APPLY WITH EFFECT FROM 1 MAY 1978 .   THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .   DONE AT BRUSSELS , 28 APRIL 1978 .   FOR THE COMMISSION   FINN GUNDELACH   VICE-PRESIDENT ****    ANNEX    //   // CCT HEADING NO  //  DESCRIPTION  //  RATE OF COUNTERVAILING CHARGE  //  // EX 20.07 A I AND B I //  GRAPE JUICES ( INCLUDING GRAPE MUST ), WHETHER CONCENTRATED OR NOT , WITH AN ADDED SUGAR CONTENT OF 30 % OR LESS BY WEIGHT : //  //   -  WHITE   //  0.19 U.A./POTENTIAL ALCOHOLIC //  //  //  STRENGTH/HL ( 1 ) //  //   -  OTHER   //  0.21 U.A./POTENTIAL ALCOHOLIC //  //  //  STRENGTH/HL ( 1 ) // EX 22.05 C //  RED AND ROSE WINE   //  0.22 U.A./ACTUAL ALCOHOLIC //  //  //  STRENGTH/HL // EX 22.05 C //  WHITE WINE : //  //   -  PRESENTED UNDER THE VARIETAL NAME RIESLING OR SYLVANER  //  0 U.A./HL ( 2 ) //  //   -  OTHER   //  0.20 U.A./ACTUAL ALCOHOLIC //  //  //  STRENGTH/HL // EX 22.05 C //  GRAPE MUST WITH FERMENTATION ARRESTED BY THE ADDITION OF ALCOHOL , WITHIN THE MEANING OF ADDITIONAL NOTE 4  ( A ) TO CHAPTER 22 OF THE COMMON CUSTOMS TARIFF   //  0 U.A./TOTAL ALCOHOLIC //  //  //  STRENGTH/HL // EX 22.05 C //  WINE FORTIFIED FOR DISTILLATION , WITHIN THE MEANING OF ADDITIONAL NOTE 4 ( B ) TO CHAPTER 22 OF THE COMMON CUSTOMS TARIFF   //  0 U.A./ACTUAL ALCOHOLIC //  //  //  STRENGTH/HL // EX 22.05 C //  LIQUEUR WINE , WITHIN THE MEANING OF ADDITIONAL NOTE 4 ( C ) TO CHAPTER 22 OF THE COMMON CUSTOMS TARIFF : //  //   -  INTENDED FOR PROCESSING , UNDER CUSTOMS CONTROL OR ADMINISTRATIVE CONTROL WITH EQUIVALENT GUARANTEE , INTO PRODUCTS OTHER THAN THOSE FALLING WITHIN HEADING NO 22.05 OF THE COMMON CUSTOMS TARIFF  //  0 U.A./HL //  //   -  OTHER   //  14 U.A./HL //  ( 1 ) FOR GREEK PRODUCTS ACCOMPANIED BY A MOVEMENT CERTIFICATE A G I , THE COUNTERVAILING CHARGE ONLY APPLIES TO GRAPE MUST TO THE EXCLUSION OF GRAPE JUICE .  ( 2 ) TO QUALIFY FOR EXEMPTION FROM THE COUNTERVAILING CHARGE , THE V I 1 DOCUMENT MUST INCLUDE EXPRESS MENTION OF THE WORD ' RIESLING '  OR ' SYLVANER ' .