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Council Directive 92/83/EEC of 19 October 1992 on the harmonization of the structures of excise duties on alcohol and alcoholic beverages

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As published

Article 18

1. The excise duty levied by Member States on intermediate products shall be fixed by reference to the number of hectolitres of finished product. 2. Except as provided in paragraphs 3, 4 and 5, Member States shall charge the same rate of duty on all products chargeable with the duty on intermediate products. 3. A Member State may apply a single reduced rate of duty to intermediate products with an actual alcoholic strength by volume not exceeding 15 % vol. subject to the following conditions: — the reduced rate shall not be set more than 40 % below the standard national rate of excise duty, — the reduced rate may not be less than the standard national rate applied to products covered by Articles 8 (1) and 12 (1) of this Directive. 4. Member States may apply a single reduced rate of duty to intermediate products which are defined in Annex VII, Part II, to Regulation (EU) No 1308/2013 of the European Parliament and of the Council ( 2 ). The reduced rate — may fall below the minimum rate but shall not be set more than 50 % below the standard national rate of excise duty, or — shall not be set below the minimum rate applied to intermediate products. 5. For intermediate products which are contained in bottles with ‘mushroom stoppers’ held in place by ties or fastenings, or have an excess pressure due to carbon dioxide in solution of three bars or more, Member States may apply the same rate as provided for products falling within the scope of Article 12 (2), provided that this rate is higher than the national rate for intermediate products.

Your change, as a redline

Article 18

1. The excise duty levied by Member States on intermediate products shall be fixed by reference to the number of hectolitres of finished product. 2. Except as provided in paragraphs 3, 4 and 5, Member States shall charge the same rate of duty on all products chargeable with the duty on intermediate products. 3. A Member State may apply a single reduced rate of duty to intermediate products with an actual alcoholic strength by volume not exceeding 15 % vol. subject to the following conditions: — the reduced rate shall not be set more than 40 % below the standard national rate of excise duty, — the reduced rate may not be less than the standard national rate applied to products covered by Articles 8 (1) and 12 (1) of this Directive. 4. Member States may apply a single reduced rate of duty to intermediate products which are defined in Annex VII, Part II, to Regulation (EU) No 1308/2013 of the European Parliament and of the Council ( 2 ). The reduced rate — may fall below the minimum rate but shall not be set more than 50 % below the standard national rate of excise duty, or — shall not be set below the minimum rate applied to intermediate products. 5. For intermediate products which are contained in bottles with ‘mushroom stoppers’ held in place by ties or fastenings, or have an excess pressure due to carbon dioxide in solution of three bars or more, Member States may apply the same rate as provided for products falling within the scope of Article 12 (2), provided that this rate is higher than the national rate for intermediate products.

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