31976R2842

No L 327 / 2 26 . 11 . 76 Official Journal of the European Communities

COUNCIL REGULATION ( EEC) No 2842/ 76 of 23 November 1976 amending Annex IV to Regulation (EEC) No 816/70 laying down additional pro­ visions for the common organization of the market in wine, and the Common Customs Tariff, as regards the exchange rate applicable to customs duties on certain wines

THE COUNCIL OF THE EUROPEAN notwithstanding the abovementioned General Rule C COMMUNITIES, 3 the representative rate applicable in respect of certain wines must be used when converting the Having regard to the Treaty establishing the European customs duties fixed in units of account into national Economic Community, and in particular Article 43 currencies ; whereas in respect of other wines General thereof, Rule C 3 remains applicable ; Having regard to the proposal from the Commission , Whereas application of two different exchange rates in Having regard to the opinion of the European Parlia­ respect of wines falling within subheading 22.05 C of ment ( ! ), the Common Customs Tariff may lead to distortion in Whereas General Rule C 3 in Section 1 of Part 1 of competition between imported wines ; whereas this situation should be remedied as a matter of urgency ; the Annex to Council Regulation (EEC) No 950/68 of whereas this could be done by using the same 28 June 1968 on the Common Customs Tariff (2), as exchange rate for such wines when converting the last amended by Regulation (EEC) No 2829/76 (3), customs duties expressed in units of account into provides that the unit of account by reference to national currencies ; whereas in this case the exchange which certain specific customs duties are expressed or rate fixed in accordance with Regulation No 129 the scope of certain headings or subheadings is should be used ; defined has a value of 0-88867088 gramme of fine gold ; Whereas Annex IV to Regulation (EEC) No 816/70, as last amended by Regulation (EEC) No 2829/76, Whereas Council Regulation No 129 on the value of amends the Common Customs Tariff, the unit of account and the exchange rates to be applied for the purposes of the common agricultural HAS ADOPTED THIS REGULATION : policy (4), as last amended by Regulation (EEC) No 2543/73 (5), allows measures to be taken which dero­ Article 1 gate from the principle of a par value for the conver­ sion of one currency into another ; whereas representa­ In Annex IV to Regulation (EEC) No 816/70 the table tive rates have been adopted in the agricultural sector concerning subheadings 22.05 C III and 22.05 C IV under these provisions ; shall be replaced by the table in the Annex to this Regulation . Whereas Regulation (EEC) No 1167/76, by amending Annex IV to Council Regulation (EEC) No 816/70 of Article 2 28 April 1970 laying down additional provisions for the common organization of the market in wine (6), This Regulation shall enter into force on 16 and the Common Customs Tariff, provided that December 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

(') Opinion delivered on 19 November 1976 (not yet published in the Official Journal). (2) OJ No L 172, 22. 7. 1968 , p. 1 . (3 ) OJ No L 326, 25 . 11 . 1976, p. 1 . (4) OJ No 106, 30 . 10 . 1962, p . 2553/ 62 . (5) OJ No L 263 , 19 . 9 . 1973 , p. 1 . (6) OJ No L 99 , 5 . 5 . 1970, p. 1 .

26 . 11 . 76 No L 327/3 Official Journal of the European Communities

ANNEX

Rate of duty CCT Description Autonomous heading % Conventional No % or levy ( L)

1 2 4

22.05 C. Other : I. and II . (unchanged) III . Of an actual alcoholic strength exceeding 15° but not exceeding 18° , in containers holding : a) Two litres or less : 1 . Port, Madeira, sherry, Tokay (Aszu and Szamorodni ) and Setubal muscatel (b) 1 5 u.a . 1 3-5 u.a . per hi (c) per hi (c) 2 . Other 1 7 u.a . — per hi (a) (c) b) More than two litres : 1 . Port, Madeira, sherry and Setubal muscatel (b) 1 2 u.a . 1 1 u.a . per hi (c) per hi (c) 1 2 u.a . — 2. Tokay (Aszu and Szamorodni) (b) per hi (c) 3 . Other 1 4 u.a . — per hi (a) (c)

IV . Of an actual alcoholic strength exceeding 18° but not exceeding 22° , in containers holding : a) Two litres or less : 1 . Port, Madeira, sherry, Tokay (Aszu and Szamorodni) and Setubal muscatel (b) 1 6 u.a . 14-5 u.a . per hi (c) per hi (c) 2 . Other 1 9 u.a . 1 9 u.a . per hi (a) (c) per hi (c) b) More than two litres : 1 . Port, Madeira, sherry and Setubal muscatel (b) 1 3 u.a . 1 2 u.a . per hi (c) per hi (c) 1 3 u.a . — 2 . Tokay (Aszu and Szamorodni ) (b) per hi (c) 3 . Other 1 9 u.a . 1 9 u.a . per hi (a) (c) per hi (c)

V. (unchanged)

(a) In certain conditions a countervailing tax is provided for in respect of certain products in addition to the customs duty. (b) Entry under this subheading is subject to conditions to be determined by the competent authorities . (c) The exchange rate to be applied in converting into national currencies the unit of account in which the customs duty is expressed shall , notwithstanding General Rule C 3 contained in Part I , Section 1 , be the representative rate applicable to wine, if such a rate is fixed pursuant to Council Regulation No 12 ^ on the value of the unit of account and the exchange rates to be applied for the purposes of the common agricultural policy (OJ No 106 , 30 . 10 . 1962 , p. 25^3 / 62).