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Document 32009D0737
2009/737/EC: Commission Decision of 5 October 2009 terminating the examination procedure concerning the measures imposed by the Eastern Republic of Uruguay affecting the importation and sale of whisky in Uruguay
2009/737/EC: Commission Decision of 5 October 2009 terminating the examination procedure concerning the measures imposed by the Eastern Republic of Uruguay affecting the importation and sale of whisky in Uruguay
2009/737/EC: Commission Decision of 5 October 2009 terminating the examination procedure concerning the measures imposed by the Eastern Republic of Uruguay affecting the importation and sale of whisky in Uruguay
OJ L 262, 6.10.2009, p. 52–53
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) This document has been published in a special edition(s)
(HR)
In force
6.10.2009 |
EN |
Official Journal of the European Union |
L 262/52 |
COMMISSION DECISION
of 5 October 2009
terminating the examination procedure concerning the measures imposed by the Eastern Republic of Uruguay affecting the importation and sale of whisky in Uruguay
(2009/737/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community’s rights under international trade rules, in particular those established under the auspices of the World Trade Organisation (1) and in particular Article 11(1) thereof,
Whereas:
A. PROCEDURAL BACKGROUND
(1) |
On 2 September 2004 SWA (the Scotch Whisky Association) lodged a complaint under Article 4 of Regulation (EC) No 3286/94 (hereinafter ‘the Regulation’) on behalf of its members representing the Scotch whisky industry. |
(2) |
The complainant alleged that the Community sales of Scotch whisky in the Eastern Republic of Uruguay were hindered by various obstacles to trade within the meaning of Article 2(1) of the Regulation. The alleged obstacles to trade were all directly linked to the IMESI excise taxes in Uruguay (IMESI — Impuesto Especifico Interno), and they consisted in:
|
(3) |
The complainant also claimed that these practices were causing adverse trade effects within the meaning of Article 2(4) of the Regulation. |
(4) |
The Commission decided therefore, after consultation of the Advisory Committee established by the Regulation, that there was sufficient evidence to justify initiating an examination procedure for the purpose of considering the legal and factual issues involved. Consequently, an examination procedure was initiated on 23 October 2004 (2). |
B. THE FINDINGS OF THE EXAMINATION PROCEDURE
(5) |
During the investigation procedure, the Uruguayan authorities expressed their willingness to explore the prospects for a mutually satisfactory solution. The Commission services agreed to discuss possible means of addressing the issues raised in the Complaint. On the basis of the discussion, the Uruguayan authorities proposed to settle the case on the basis of the following elements:
|
C. DEVELOPMENTS AFTER THE END OF THE INVESTIGATION
(6) |
The first two steps envisaged by Uruguayan authorities were implemented within the agreed deadlines, but the change of the IMESI structure was delayed until 2007, when, with the Decree No 520/2007 of 27 December 2007, Uruguay introduced a new legislation on its excise taxes. |
(7) |
In early 2008 the Commission requested Uruguay a number of clarifications as regards the revisions to the structure of the specific internal tax, which have been provided in May 2009. The clarifications provided by the government of Uruguay confirmed that the Uruguayan system is operating in a manner consistent with the relevant WTO obligations and Uruguay’s engagements in the settlement. |
D. CONCLUSION AND RECOMMENDATIONS
(8) |
In view of the above analysis, it is considered that the examination procedure has led to a satisfactory situation with regard to the obstacles that faced the trade as alleged in the complaint lodged by SWA. The examination procedure should therefore be terminated in accordance with Article 11(1) of the Regulation. |
(9) |
The Advisory Committee has been consulted on the measures provided for in this Decision, |
HAS DECIDED AS FOLLOWS:
Sole Article
The examination procedure concerning measures imposed by the Eastern Republic of Uruguay affecting the importation and sale of whisky in Uruguay is hereby terminated.
Done at Brussels, 5 October 2009.
For the Commission
Catherine ASHTON
Member of the Commission