31975R2506

No L 256 / 2 Official Journal of the European Communities 2 . 10 . 75

REGULATION ( EEC) No 2506/ 75 OF THE COUNCIL of 29 September 1975 laying down special rules for the importation of products in the wine-growing sector originating in certain third countries

THE COUNCIL OF THE EUROPEAN Whereas the requirement that wine must be accompaCOMMUNITIES , nied by a document from an exporting country may constitute a useful method of checking that the referHaving regard to the Treaty establishing the European ence price is respected where that country has underEconomic Community, and in particular Article 43 taken to adopt the measures necessary to ensure such thereof ; respect, Having regard to Council Regulation ( EEC) No 8 1 6/70 ( 1 ) of 28 April 1970 laying down additional provisions for the common organization of the market HAS ADOPTED THIS REGULATION : in wine , as last amended by Regulation ( EEC) No 1 932/75 (-), and in particular Article 9 ( 5) thereof ; Article 1 Having regard to the proposal from the Commission ; For the purposes of this Regulation, free-at-frontier Having regard to the Opinion of the European Parliareference price means the reference price referred to ment ( 3 ) ; in Article 9 of Regulation (EEC) No 816/70 less customs duties actually levied . Whereas in accordance with Article 9 of Regulation ( EEC) No 816/70 the system for the importation of wine is based on respect of a reference price ; whereas Article 2 to ensure respect of this price , provision has been made for the possibility of levying a countervailing Member States shall inform the Commission of indicharge in addition to customs duties ; vidual cases of failure to observe the free-at-frontier reference price in respect of imports of wine origiWhereas certain agreements with third countries siminating in the third countries referred to either in larly make provision for preferential tariff concessions Article 9 (3 ), second subparagraph of Regulation (EEC) provided that the reference price is respected ; No 816/70 or in Article 3 ( 1 ) of this Regulation . whereas it has been found necessary to adopt measures making it possible in such cases to ensure that the system operates properly so that the aims of Article 3 the import arrangements laid down by the common organization of the market in wine shall not be jeopar­ 1 . Any import of wines falling within heading No dized ; 22.05 of the Common Customs Tariff and originating in third countries granted preferential tariff concesWhereas in particular the measures enabling the sions, provided the free-at-frontier reference price is customs authorities of Member States to implement respected , shall not be subject to the preferential duty the agreements with third countries should be laid in the event of failure to respect this price . down ; whereas for the implementation of these agreements the conditions and detailed rules enabling, 2 . Without prejudice to any other methods that where the reference price is not respected , withdrawal may be used to check the reference price , granting of of the tariff concession to be established should be the tariff concessions referred to in paragraph 1 shall specified ; whereas, depending on the case, in addition be subject to presentation of a document issued by the to such withdrawal the countervailing charge may be competent authorities of the exporting country certireintroduced , this possibility being provided for by the fying that the free-at-frontier reference price has been second subparagraph of Article 9 (3) of Regulation respected . ( EEC) No 816 / 70 ; 3 . If the cases referred to in Article 2 are significant Whereas to ensure that withdrawal of the tariff concesas regards imports of wines originating in third counsion or reintroduction of the countervailing charge is tries referred to in Article 1 and without prejudice to not applied for any longer than is strictly necessary for any measures that may be adopted on the basis of the system to operate properly , it is advisable to Article 9 of Regulation ( EEC) No 816/70 , it shall be provide for a monthly review of the position ; decided in accordance with the procedure laid down in Article 7 of Regulation No 24 that any future (') O ) No L 99 , 5 . 5 . 1970 , p. 1 . imports originating in these countries that have failed (-) OJ No L 19 «, 29 . 7 . 1975, p. 19 . (') Opinion delivered on 25 September 1975 ( not yet to respect the free-at-frontier reference price shall not published in the Official Journal ). be subject to the preferential duty .

2 . 10 . 75 Official Journal of the European Communities No L 256 / 3

Article 4 that are to be taken into consideration in establishing the free-at-frontier offer price for each import. Any measures adopted on the basis of Article 9 of 2 . The Commission shall fix the free-at-frontier Regulation (EEC) No 816/70 and the measure referred to in Article 3 (3) of the present Regulation shall be reference price according to the origin of the the subject of a monthly review in accordance with imported products. the procedure laid down in Article 8 of Regulation No 24 . Article 6

This Regulation shall enter into force on the third day Article 5 following the day of its publication in the Official Journal of the European Communities. 1 . Detailed rules for the application of this Regulation shall be adopted in accordance with the proce­ It shall apply from the first day of the second month dure laid down in Article 7 of Regulation No 24. following the month of its publication in the Official These rules shall in particular specify the elements Journal of the European Communities.

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

Done at Brussels, 29 September 1975.

For the Council

The President

G. MARCORA