31970R1014

Official Journal of the European Communities 287

1.6.70 Official Journal of the European Communities No L 118 / 3

REGULATION (EEC) No 1014/70 OF THE COMMISSION

of 29 May 1970 on import licences for wine

THE COMMISSION OF THE EUROPEAN COM­ Whereas, with a view to avoiding any difference in MUNITIES, the treatment of Community traders, national administrations should be subject to uniform rules as Having regard to the Treaty establishing the regards determining the exact date on which European Economic Community ; applications for the issue of import licences are to be considered as having reached the authority responsible for issuing them ; whereas, to that end, it Having regard to Council Regulation (EEC) No is essential to lay down provisions enabling a 816/701 of 28 April 1970 laying down additional specified working day to be clearly defined as the provisions for the common organisation of the date on which the authority concerned receives an market in wine, and in particular Articles 8 (3 ) and application for the issue of a licence; 35 thereof;

Whereas the fourth subparagraph of Article 8 (2) of Whereas Article 8 ( 1 ) of Regulation (EEC) No 816/70 Regulation (EEC) No 816/70 provides that the issue provides that imports into the Community of any of of licences is conditional on the lodging of a deposit the products listed in Article 1 of that Regulation are which shall be forfeited in whole or in part if the conditional on the submission of an import licence ; transaction is not effected ; whereas, in order to avoid disturbances in the pattern of trade due to the Whereas the transfer of the rights and obligations application of different systems by Member States, derived from the import licences may give rise to rules for applying the deposit and the amount thereof difficulties as regards the application of the should be specified ; provisions of this Regulation and in particular as regards the loss of the deposit; whereas it is therefore Whereas it is nevertheless necessary to provide advisable to prohibit the transfer of import licences ; adequate measures in cases where importation cannot, for reasons of force majeure, take place , Whereas, in view of international trade practice, a during the period of validity of the licence; certain margin should be allowed in respect of the quantities specified in the licence as regards 'the use of Whereas, in order to enable the Commission to have the licence and the obligation to import; an overall view of the trend of imports, it is necessary that it be informed regularly by Member States of the Whereas it is necessary, in order for the system of import licences issued; import licences to be properly applied, that a certain minimum amount of information should be given in Whereas the measures provided for in this Regulation the licences ; whereas, for that reason, it is essential are in accordance with the Opinion of the for the competent authority issuing the licences to be Management Committee for Wine; informed by the importer, within specified time limits, of the country from which the product in question is being exported ; HAS ADOPTED THIS REGULATION :

Whereas the period of validity of import licences Article 1 must be restricted in the light of international trade practice and normal delivery periods ; 1 . The import licence shall authorise and make obligatory the importation of the net quantity of products as specified during the period of validity of 1 OJ No L 99, 5.6. 1970, p. 1 . the licence.

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2. If the net quantity imported is less than the net 4. the net quantity of product ' in hectolitres or, quantity specified in the licence by no more than 5% , where appropriate, in metric units of weight; the obligation to import shall be considered as having been fulfilled. 5 . the last day of validity of the licence;

If the net quantity imported exceeds the quantity 6 . the exporting third country. specified in the licence by no more than 5% , that quantity shall be considered as haying been imported under that document. Article 6

1 . The following shall be considered . as Article 2 applications for licences lodged on a given day :

The rights and obligations devolving from the licence (a) applications lodged at the offices of the shall not be transferable. competent authority concerned not later than 15.30 hours on that day, if a working day for that authority ;

Article 3 (b) applications sent by letter or telex received in the above-mentioned offices not later than • 15.30 The licence shall be valid from the date of issue until hours on the day in question; the end of the third month following the month of issue . ( c) applications sent by telegram received in those offices not later than 17.00 hours on the day in question provided that the telegram was registered at the transmitting telegraph office not Article 4 later than 15.30 hours .

Until Community import licence forms are drawn up, 2. Applications for licences received on a day other Member States may use their own printed forms. than a working day for the competent authority, or Such licences, subject to provisions laid down in on a working day for it but after the time specified other Regulations, Directives or Decisions adopted by above, shall be considered as having been lodged on Community institutions, shall contain all the details the first working day following receipt thereof. listed in Article 5 .

Applications sent by telegram shall be considered as having been submitted on the first working day following the day of reception if the telegram is Article 5 registered after 15.30 hours at the transmitting telegraph office even though it may reach the Each licence shall state : competent authority before 17.00 hours .

1 . the name and address of the applicant; 3 . When Summer Time is in force in Italy, the time limits specified in this Article shall be understood in 2 . a description of the product and, in the case of that Member State to be one hour later. Riesling or Sylvaner, the name of the vine variety together with the number of the sub-heading of the Common Customs Tariff and, at the request of the Member State issuing the licence, the Article 7 reference number of the nomenclature of goods in the national statistical register for foreign trade. 1 . 1 The issue of a licence for a quantity exceeding 1 Where the tariff sub-heading specifies the hiectolitre or, where appropriate, 100 kilogrammes of alcoholic strength of the product, a variation of the products listed in Article 1 (2) of Regulation 0-4° from that strength shall be permitted for the (EEC) No 816/70 shall be subject to the lodging of purpose of the licence. That variation shall be a deposit. mentioned in the licence ; The amount of the deposit for each product is set out 3 . the colour of the wine or the must; in the following Table :

Official Journal of the European Communities '289

CCT Amount heading Description of goods No of the deposit

22.04 Grape must , in fermentation or with fermentation 2Ό u.a . per hi arrested otherwise than by the addition of alcohol .

22.05 Wine of fresh grapes ; grape must with fermentation arrested by the addition of alcohol : — sparkling wines 6Ό u.a . per hi — liqueur wines 7*5 u.a . per hi wines fortified for distillation 2*5 u.a. per hi — other wines : 1 . Of an actual alcoholic strength not exceeding 13° 2-0 u.a. per hi 2 . Of an actual alcoholic strength exceeding 13° but not exceeding 15° 2*5 u.a . per hi 3 . Of an actual alcoholic strength exceeding 15° but not exceeding 18° 3*0 u.a . per hi 4. Of an actual alcoholic strength exceeding 18° but not 22° 3*5 u.a. per hi

08.04 A II Fresh grapes other than table grapes 1*5 u.a . per hi

ex 22.10 Wine vinegars for human consumption 2*0 u.a . per hi

ex 22.07 . Piquette 1Ό u.a . per hi

ex 22.09 A Diluted alcohols of agricultural origin 1*5 u.a . per hi

23.05 Wine lees 1·0 u.a. per hi Argol 0-1 u.a. per hi

ex 23.06 A Grape marcs 1Ό u.a . per 100 kg

2. The deposit, shall be paid in cash or in the form However, if the net quantity imported amounts to of a guarantee provided by a credit institution less than 5% of the net quantity shown in the licence, satisfying the criteria laid down by the Member State the deposit shall be entirely forfeited . to which the application for a licence is made.

Article8¶

1 . The deposit shall be returned once a quantity 1 . When importation cannot be effected during the equal to not less than 95% of the net quantity shown period of validity of the licence owing to in the licence has been imported. circumstances deemed to be a case of force majeure, the competent authority shall decide, at the request 2. Subject to the provisions of Article 9, where the of the party concerned, either that the obligation to obligation to import has not been fulfilled within the import is to be cancelled and that the deposit is not period of validity of the licence, the deposit shall be to be forfeited or that the period of validity of the forfeited for a quantity equal to the difference licence is to be extended for the period of time between : required in view of the circumstances invoked.

( a) 95% of the net quantity shown in the licence ; and 2. When a Member State accepts a given circumstance as a case of force majeure, it shall ( b ) the net quantity actually imported. inform the Commission thereof forthwith.

&

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3 . If a circumstance deemed to be a case of force Article 10 majeure and relating to the country of origin is Member States shall notify the Commission, not later invoked, such circumstances may be accepted only if than the Wednesday of each week, of the quantities the competent authority was notified , in time of the of products for which import licences have been country of origin before the circumstance deemed to issued during the previous week. be a case of force majeure occurred. Notification of the country of origin shall be considered as having Such information shall be arranged according to been made in time if, at the time the notification was exporting countries, to the Common Customs Tariff given, the case of force majeure could not have been specifications and, in the case of Riesling or Sylvaner, foreseen . the name of the vine variety, and, in the case of wine or must, the colour.

Article 11 4. The importer shall, by means of appropriate documents, supply proof of the circumstance deemed This Regulation shall enter into force , on 1 June to be a case of force majeure. 1970 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 29 May 1970.

For the Commission

The President

Jean REY