Keywords
Summary

Keywords

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Agriculture - Common organization of the markets - Products processed from fruit and vegetables - Protective measures applicable to imports of dried grapes - Power conferred on the Commission - Validity - Countervailing charge at a fixed rate based on the lowest world-market price - Not permissible

( Council Regulations Nos 516/77 and 521/77; Commission Regulation No 2742/82 )

Summary

The power which Council Regulation No 521/77, in conjunction with Regulation No 516/77, confers on the Commission with regard to the adoption of protective measures on the market in products processed from fruit and vegetables satisfies the requirements of specificity to which the validity of such a power is subject . In the exercise of that power, the Commission may take protective measures applicable to imports of dried grapes from non-member countries where such imports constitute one of the factors which have given rise or are likely to give rise to serious disturbances on the Community market, without necessarily being the essential factor .

The Commission was thus entitled to fix, by Regulation No 2742/82, a minimum price for imports of dried grapes into the Community, together with a countervailing charge in order to enforce that price . However, by providing for a fixed-rate countervailing charge equal to the difference between the minimum price and the lowest world-market price the Commission exceeded its powers, since a rule of that kind, which was not necessary in order to prevent disturbances on the Community market, inflicts an economic penalty on a trader who has imported the products at a price which is below the minimum price but may be very close to it, whereas the aim of the countervailing charge is only to enforce the minimum price so as to ensure Community preference .