Commission Regulation (EEC) No 284/85 of 1 February 1985 amending Regulation (EEC) No 2742/82 on protective measures applicable to imports of dried grapes

COMMISSION  REGULATION (EEC) No 000/00
of 1 February 1985
amending Regulation (EEC) No 2541/84 fixing a countervailing charge on imports into the other Member States of ethyl alcohol of agricultural origin produced in France
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing he European Economic Community, and in particular Article 46 thereof,
Whereas the amount of the countervailing charge introduced by Commission Regulation (EEC) No 2541/84 of 4 September 1984 (1) is determined by the difference recorded between, on the one hand, the lowest free-at-frontier price at which representative quantities of non-denatured alcohol from France are sold on the markets of the other Member States and, on the other, an equilibrium price which may be considered the normal price for non-denatured alcohol on the markets of the Community when competition is no distorted; whereas an appropriate abatement is appied to the said difference in order to prevent any possibility of the level of the countervailing charge being set too high as a result of calculating it on the basis of flat-rate figures;
Whereas the free-at-frontier prices of non-denatured French alcohol sold in the Community have not changed to any appreciable degree whils the aformentioned equilibrium price, which now stands at 52 ECU per hectolitre, has changed significantly; whereas the amount of the countervailing charge should therefore be raised accordingly;
Whereas Article 1 of Commission Regulation (EEC) No 2541/84 of 4 September 1984 specifies that the countervailing charge is to apply to all ethyl alcohol produced in France and exported to other Member States which is not accompanied by a certificate showing either that it is of non-agricultural origin or that it has been denatured in accordance with the relevant provisions in France;
Whereas the implementation in practice of the said provision has revealed a number of problems of a technical nature relating to the customs classification of the products concerned under the headings of the Common Customs Tariff referred to in Article 1 (1) of the said Regulation and to the form of the said certificate; whereas, to remedy this situation, the wording of the said provisions should be amended;
Whereas Article 10 of Council Directive 79/623/EEC of 25 June 1979 on he harmonization of provisions laid down by law, regulation or administrative action relating to customs debt (2) provides for cases of customs debt arising when goods traded between Member States are liable to customs or agricultural charges; whereas reference to this provision would clarify the implementtion of Article 2 of Regulation (EEC) No 2541/84;
Whereas the terms on which goods may be exempted from the countervailing charge should be described in more detail;
Whereas there is a need to deal with certain problems to which the implementation of the said Regulation could give rise as regards administrative cooperation between Member States; whereas, with a view to defining the terms on which the products concerned may be introduced into free zones, placed in bonded warehouses or brought uncer inward processing rules, provision should be made for analogous application of the procedures laid down in Council Directives 69/73/EEC (3), 69/74/EEC (4) and 69/75/EEC (5) of 4 March 1969;
Whereas , at the same time, the procedure to be followed when alcohol is shipped to another Member State after the countervailing charge has been collected in one of the Member States should be described in more detail,