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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Change 1
Article 28b
Every five years the Commission shall submit a report on the implementation of this Directive to the European Parliament and to the Council. The first report shall be submitted by 31 December 2024. In particular, the report shall: (a) assess the application and impact of national provisions adopted and applied pursuant to Articles 5 and 9a, Article 22(8), Article 23a and point (f) of Article 27(2); (b) take account of relevant evidence on presence of impact of the provisions adopted and applied pursuant to those Articles, such as negative cross-border effects, increase of fraud, impact on the smooth functioning of internal market and on public health; and (c) where Member States apply national provisions adopted pursuant to Article 22(8), assess the adequacy of: — the conditions laid down by these Member States for the purpose of preventing any evasion, avoidance or abuse, and — the requirements and procedures put in place by these Member States to ensure the control of production and consumption and prevention of cross-border effects. Member States shall, upon request, submit to the Commission information required to establish the report. Member States that apply national provisions adopted pursuant to Article 22(8) shall, not later than three months after first year of application of such provisions, submit to the Commission all information necessary to carry out the assessment referred to in point (c) of the second paragraph of this Article. The report shall be accompanied by a legislative proposal, if appropriate.
Article 28b
Every five years the Commission shall submit a report on the implementation of this Directive to the European Parliament and to the Council. The first report shall be submitted by 31 December 2024. In particular, the report shall: (a) assess the application and impact of national provisions adopted and applied pursuant to Articles 5 and 9a, Article 22(8), Article 23a and point (f) of Article 27(2); (b) take account of relevant evidence on presence of impact of the provisions adopted and applied pursuant to those Articles, such as negative cross-border effects, increase of fraud, impact on the smooth functioning of internal market and on public health; and (c) where Member States apply national provisions adopted pursuant to Article 22(8), assess the adequacy of: — the conditions laid down by these Member States for the purpose of preventing any evasion, avoidance or abuse, and — the requirements and procedures put in place by these Member States to ensure the control of production and consumption and prevention of cross-border effects. Member States shall, upon request, submit to the Commission information required to establish the report. Member States that apply national provisions adopted pursuant to Article 22(8) shall, not later than three months after first year of application of such provisions, submit to the Commission all information necessary to carry out the assessment referred to in point (c) of the second paragraph of this Article. The report shall be accompanied by a legislative proposal, if appropriate.
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