31976R2829

25 . 11 . 76 Official Journal of the European Communities No L 326/ 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC) No 2829/76 of 23 November 1976 amending Regulation (EEC) No 816/70 laying down additional provisions for the common organization of the market in wine, and Regulation (EEC) No 1160/76 amending that Regulation, as well as Regulation (EEC) No 1164/76 amending Regulation (EEC) No 865/68 on the common organization of the market in products processed from fruit and vegetables, and Regulation ( EEC) No 950/68 on the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN Whereas Article 1 of Council Regulation (EEC) No COMMUNITIES, 1165/76 of 17 May 1976 amending Regulation (EEC) No 950/68 on the Common Customs Tariff (6), intro­ duced an inconsistency as regards the column indi­ Having regard to the Treaty establishing the European cating the rate of conventional duty ; whereas this situ­ Economic Community, and in particular Article 43 ation should therefore be remedied, thereof,

Having regard to the proposal from the Commission, HAS ADOPTED THIS REGULATION : Having regard to the opinion of the European Parlia­ ment (^ Article 1 Whereas certain omissions and discrepancies have been found in Council Regulation (EEC) No 816/70 Regulation (EEC) No 816/70 shall be amended as of 28 April 1970 laying down additional provisions for follows : the common organization of the market in wine (2), as last amended by Regulation (EEC) No 1 1 67/76 (3) ; 1 . The fourth subparagraph of Article 28 (2) shall be whereas certain provisions in this Regulation should replaced by the following : therefore be amended ; whereas, in particular, in order to take into account horizontal Community provisions 'Without prejudice to the second subparagraph, the concerning nominal volumes, it is desirable to fix at alcoholic fermentation of the products referred to three litres or less the nominal volumes provided for in the first subparagraph is prohibited within the in points 14 and 15 of Annex II ; geographical territory of the Community.'

Whereas, in order to avoid administrative difficulties, 2. In the third indent of point 3a of Annex II, the phrase 'referred to in Article 16' shall be replaced it is necessary to defer by six months the date by the phrase 'referred to in Article 27a'. appearing in Article 41 of Council Regulation (EEC) No 1160/76 of 17 May 1976 amending Regulation (EEC) No 816/70 (4) and in Article 2 of Council Regu­ 3. In points 14 and 15 of Annex II, the last indent lation (EEC) No 1164/76 of 17 May 1976 amending shall be replaced by the following : Regulation (EEC) No 865/68 on the common organi­ zation of the market in products processed from fruit '— is put up in containers of three litres or less.' and vegetables (5) ; 4. In point 2 (b) of Annex III, the phrase 'in France, (•) OJ No C 259, 4. 11 . 1976, p. 35. the areas under vines in the following depart­ (2) OJ No L 99, 5. 5. 1970, p. 1 . ments shall be replaced by the following : (3) OJ No L 135, 24. 5. 1976, p. 42. (4) OJ No L 135, 24. 5. 1976, p. 1 . (5) OJ No L 135, 24. 5. 1976, p. 38 . (6) OJ No L 135, 24. 5 . 1976, p. 39.

No L 326/2 Official Journal of the European Communities 25 . 11 . 76

'in France the areas under vines in the departments Article 4 not mentioned in this Annex, and in the following departments :'. In the table relating to heading No 20.07 of the 5. In point 3 (a) of Annex III, 'Lozere' shall be Annex 'Common Customs Tariff — Annex' to Regula­ inserted after ' Lot-et-Garonne'. tion (EEC) No 950/68, footnote (b) shall be deleted together with all references thereto in the third 6. In Annex IV, the table concerning heading No column (rate of conventional duty). 20.07 shall be replaced by the table in the Annex to this Regulation .

Article 2 Article 5 In the second sentence of the second subparagraph of Article 41 of Regulation (EEC) No 1160/76, '1 July 1977' shall be replaced by '1 January 1978 '. This Regulation shall enter into force on the day of its publication in the Official Journal of the European Article 3 Communities.

In the second subparagraph of Article 2 of Regulation (EEC) No 1164/76, '1 July 1977' shall be replaced by Article 1 (3) shall be applicable from 1 September '1 January 1978'. 1976 .

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

Done at Brussels, 23 November 1976 . For the Council The President

A. P. L. M. M. van der STEE

25. 11 . 76 Official Journal of the European Communities No L 326/3

ANNEX

Rate of duty CCT Description Autonomous heading % Conventional No % or levy (L) 1 2 3 4

20.07 Fruit juices (including grape must) and vegetable juices, whether or not containing added sugar, but unfermented and not containing spirit : A. Of a specific gravity exceeding 1·33 at 15°C : I. Grape juice (including grape must) : a) Of a value exceeding 22 u.a. per 100 kg net weight : 1 . With an added sugar content exceeding 30 % by weight .... — 50(c) 2. Other 50(b) — b) Of a value not exceeding 22 u.a. per 100 kg net weight : 50 — 1 . With an added sugar content exceeding 30 % by weight .... + (L) (c) 2. Other — 50 (b) II and III . (unchanged) B. Of a specific gravity of 1 -33 or less at 1 5 0 C : I. Grape, apple and pear juice (including grape must) ; mixtures of apple and pear juice : a) Of a value exceeding 18 u.a. per 100 kg net weight : 1 . Grape juice (including grape must) : aa) Concentrated : 1 1 . With an added sugar content exceeding 30 % by weight 28(c) 28 + ads 22. Other 28(b) (a) bb) Other : 1 1 . With an added sugar content exceeding 30 % by weight 28(c) 28 + ads 22. Other 28(b) (a) 2. Apple and pear juice : aa) Containing added sugar 25 24 + ads bb) Other 25 25 3. Mixtures of apple and pear juice 25 — b) Of a value of 18 u.a. or less per 100 kg net weight : 1 . Grape juice (including grape must) : aa) Concentrated : 1 1 . With an added sugar content exceeding 30 % by weight 28 + (L) (c) 28 + ads 22 . Other 28(b) (a) bb) Other : 1 1 . With an added sugar content exceeding 30 % by weight 28 + (L) (c) 28 + ads 22. Other 28(b) (a) 2 to 4, (unchanged) II . (unchanged)

(a) See Annex. (b) In certain conditions a countervailing tax is provided for in respect of certain products in addition to the customs duty. (c) In certain conditions a countervailing tax in addition to the customs duty is provided for in respect of certain products with effect from 1 January 1978 .