31. 10. 92 Official Journal of the European Communities No L 316/21 COUNCIL DIRECTIVE 92/83/EEC of 19 October 1992 on the harmonization of the structures of excise duties on alcohol and alcoholic beverages THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 99 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Parli- ament (3), Having regard to the opinion of the Economic and Social Committee (), Whereas Directive 92/12/EEC lays down provisions on the general arrangements for products subjects subject to excise duty (*); Whereas Directive 92/84/EEC (°) lays down minimum rates of excise duty to be applied in the Member States to alcohol and alcoholic beverages ; Whereas it is important to the proper functioning of the internal market to determine common definitions for all the products concerned ; Whereas it is useful to base such definitions on those set out in the combined nomenclature in force at the date of the adoption of this Directive ; Whereas, in the case of beer, it is possible to permit alter- native methods of calculating the duty on the finished product ; Whereas, in the case of beer, it is possible within certain limits to permit Member States to apply the duty to gravity bands of more than one degree Plato, provided always that no beer is charged at less than the Commu- nity minimum rate ; Whereas, in the case of beer produced in small indepen- dent breweries and ethyl alcohol produced in small distil- leries, common solutions are required permitting Member States to apply reduced rates of duty to those products ; Whereas it is possible to permit variations in the strength at which Member States commence to subject beer to () OJ No C 322, 21. 12. 1990, p. 11. (® OJ No C 67, 16. 3. 1992, p. 165. () OJ No C 96, 18. 3. 1991, p. 25. (9 OJ No L 76, 23. 3. 1992, p. 1. (%) See page 29 of this Officialpjoumal. duty, provided that no unacceptable problems are caused in the internal market; Whereas in the case of beer, wine and other fermented berages it is advisable to permit Member States to exempt from duty home-made products which are not produced for commercial purposes ; Whereas, in principle, Member States should apply a single rate per hectolitre of finished product to all still wine and other still fermented beverages, and a single rate of duty per hectolitre of finished product to all sparkling wine and sparkling fermented beverages; Whereas it is advisable to permit Member States to apply reduced rates of duty to all kinds of wine and other fermented beverages provided always that the actual alco- holic strength of the products does not exceed 8,5 % vol. ; Whereas Member States applying a higher rate of duty to certain wines on 1 January 1992 should be permitted to continue to do so; Whereas in principle, Member States should apply a single rate of duty per hectolitre of finished product to all intermediate products ; Whereas it is advisable to permit Member States to apply a reduced rate of the intermediate products duty, on the one hand to products of strengths not exceeding 15 % vol, and on the other hand to natural sweet wines; Whereas, in principle, Member States should apply the same rate of duty per hectolitre of pure alcohol to all ethyl alcohol as defined in this Directive ; Whereas it is possible to permit Member States to apply reduced rates or exemptions for certain products of a regi- onal and traditional nature; Whereas, in the cases where Member States are permitted to apply reduced rates, such reduced rates should not cause distortion of competition within the internal market ; Whereas Member States should be permitted to refund the excise duty on alcoholic drinks which have become unfit for consumption ; Whereas it is necessary to lay down at Community level the exemptions which apply to goods which are trans- ported between Member States ; Whereas, however, it is possible to permit Member States an option to apply exemptions tied to end-uses within their territory ;