Decreto-Lei n.º 282/2000, de 10 de Novembro de 2000
Decreto-Lei n.º 282/2000 de 10 de Novembro Tendo em vista impedir a falsificação de produtos vínicos, o Decreto Regulamentar n.º 68-B/79, de 24 de Dezembro, procurou assegurar o controlo da distribuição e utilização do açúcar e dos melaços no território continental, sujeitando a sua circulação ao regime obrigatório de guias de trânsito.
Com a publicação do Decreto-Lei n.º 117/92, de 22 de Junho, que transferiu para a Inspecção-Geral das Actividades Económicas (IGAE) as competências que a ex-Administração-Geral do Açúcar e do Álcool detinha no sector do álcool e das bebidas espirituosas, as guias de trânsito passaram a ser fornecidas por aquela Inspecção-Geral.
O controlo do trânsito destes produtos, na forma prevista no aludido decreto regulamentar, não se coaduna com as normas comunitárias, não podendo, portanto, ser tornado extensivo aos operadores comunitários, do que resulta uma discriminação, em sentido negativo, dos operadores nacionais do continente.
Por outro lado, a IGAE, no exercício das suas atribuições e competências, dispõe de meios para a investigação de casos de eventual falsificação de produtos vínicos, sem necessidade de consulta ou tratamento das referidas guias de trânsito.
Acresce, ainda, que todas as mercadorias em circulação no território nacional, incluindo, portanto, o açúcar e os melaços, têm obrigatoriamente, nos termos do Decreto-Lei n.º 45/89, de 11 de Fevereiro, de ser acompanhadas de um documento de transporte, no qual devem constar, para além de outros, os elementos exigidos no Decreto Regulamentar n.º 68-B/79.
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