CELEX: 31976R0851
Language: en
Date: 1976-04-09 00:00:00
Title: Commission Regulation (EEC) No 851/76 of 9 April 1976 fixing a countervailing charge for imports into Belgium, Germany, Luxembourg and the Netherlands of ethyl alcohol of agricultural origin produced in France

10 . 4. 76                         Official Journal of the European Communities                                  No L 96/41
                                COMMISSION REGULATION (EEC) No 851 /76
                                                    of 9 April 1976
              fixing a countervailing charge for imports into Belgium, Germany, Luxembourg
                and the Netherlands of ethyl alcohol of agricultural origin produced in France
THE COMMISSION OF THE EUROPEAN                                Whereas, in its Decision of 30 December 1969 (!), the
COMMUNITIES,                                                   Commission fixed a countervailing charge on imports
                                                               into Belgium, Luxembourg and the Netherlands of
Having regard to the Treaty establishing the European         ethyl alcohol of agricultural origin coming from
Economic Community, and in particular Article 46               Member States having a monopoly ; whereas that Deci­
thereof,                                                       sion should be repealed,
Whereas the German market in alcohol is at present
disturbed by deliveries of agricultural alcohol at prices      HAS ADOPTED THIS REGULATION :
much lower than those ruling on the German market ;
whereas the Belgian, Luxembourg and Netherlands
markets are threatened with disturbance by offers at                                   Article 1
prices much lower than the prices ruling on those
markets ; whereas those deliveries and offers result in        1.    This Regulation shall apply to the following
particular from the pricing policy applied in France,          products :
which consists in selling for export at a price which is
on average FF 280 less than the price of the same                    CCT
alcohol intended for consumption on the French                      heading                 Description of goods
                                                                      No
domestic market ;
Whereas, in view of this situation, the Kingdom of             ex 22.08 B       Ethyl alcohol, undenatured, presented in
                                                               ex 22.09 A II    containers holding more than two litres,
Belgium, the Federal Republic of Germany, the Grand
Duchy of Luxembourg and the Kingdom of the                                      produced from agricultural products listed
                                                                                in Annex II to the Treaty
Netherlands have requested the Commission to take
measures pursuant to Article 46 of the Treaty ;
                                                               2. For the purposes of this Regulation, the product
Whereas the Council has not given a ruling, under              described in paragraph 1 comprises any undenatured
Article 42 of the Treaty, concerning the applicability         ethyl alcohol not accompanied by an attestation
to ethyl alcohol of agricultural origin of the provisions      drawn up by the French authorities certifying the non­
of the Treaty relating to State aid ; whereas, if France       agricultural origin thereof within the meaning of the
maintains its aid for exports of alcohol, the ensuing         Treaty.
difficulties can be alleviated only by fixing, under
Article 46 of the Treaty, a charge on French exports,
in order to restore market equilibrium ;                                               Article 2
Whereas the amount of such charge must not exceed              1 . The Kingdom of Belgium, the Federal Republic
the amount of the aid or the difference between the            of Germany, the Grand Duchy of Luxembourg and
resulting market prices for the Member States in ques­         the Kingdom of the Netherlands shall levy a counter­
tion ;                                                         vailing charge on products referred to in Article 1 and
                                                               produced in France, when entered for home use
Whereas, in calculating the countervailing charge,             unless France applies that charge at the time of
account should be taken of the forwarding costs in             export.
respect of the deliveries in question ; whereas, further­
more, in order to avoid deflections of trade, the charge       2. The rates of the countervailing charge referred to
should be fixed at a flat rate which is the same for           in paragraph 1 shall be as stated the Annex to this
Germany and the Benelux countries ;
                                                               Regulation.
Whereas the charge should be fixed on the basis of                                      Article 3
the true exchange rates of the currencies in question ;
                                                               The Commission Decision of 30 December 1969 on
Whereas provision should be made for an interim                the fixing of a countervailing charge on imports into
period between the publication of this Regulation and          Belgium, Luxembourg and the Netherlands of ethyl
its entry into force, in order to avoid as far as possible
upsetting uncompleted transactions ;                           (') OJ No L 19, 26. 1 . 1970, p. 50 .
 ---pagebreak--- No L 96/42                       Official Journal of the European Communities                                10 . 4. 76
alcohol of agricultural origin coming from Member          Journal of the European Communities. It shall cease
States having a monopoly is hereby repealed.                to apply upon the entry into force of rules relating to
                                                            the applicability to ethyl alcohol of agricultural origin
                       Article 4                            of Articles 92 to 94 of the Treaty.
The Kingdom of Belgium, the Federal Republic of
Germany, the French Republic, the Grand Duchy of
Luxembourg and the Kingdom of the Netherlands
shall inform the Commission, each for its part, of the
measures taken pursuant to this Regulation.
                                                            2. The Commission shall keep a constant watch
                       Article 5                            over the development of trade in the products covered
                                                            by this Regulation ; it shall adjust the rate of the coun­
1 . This Regulation shall enter into force on the           tervailing charge as necessary in the light of the
fifth day following its publication in the Official         factors taken into consideration for the fixing thereof.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 9 April 1976.
                                                                         For the Commission
                                                                            P.J. LARDINOIS
                                                                   Member of the Commission
                                                      ANNEX
                                        Member State               Rate of charge
                                                          per hi and per degree of alcohol
                               Belgium/Luxembourg              Bfrs/ Lfrs 7-294
                               Federal Republic of
                               Germany                               DM 0-475
                               France                                  FF 0-8748
                               Netherlands                              Fl 0-503