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( 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

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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 ' .