31976R0851

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Community, and in particular Article 46 Member States having a monopoly ; whereas that Deci­ thereof, sion should be repealed,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 ;

ex 22.08 B Ethyl alcohol, undenatured, presented in Whereas, in view of this situation, the Kingdom of ex 22.09 A II containers holding more than two litres, Belgium, the Federal Republic of Germany, the Grand produced from agricultural products listed Duchy of Luxembourg and the Kingdom of the 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 unless France applies that charge at the time of Whereas, in calculating the countervailing charge, export. account should be taken of the forwarding costs in respect of the deliveries in question ; whereas, further­ 2. The rates of the countervailing charge referred to more, in order to avoid deflections of trade, the charge in paragraph 1 shall be as stated the Annex to this should be fixed at a flat rate which is the same for Regulation . Germany and the Benelux countries ;

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 .

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