*****
COMMISSION REGULATION (EEC) No 2459/84
of 20 August 1984
amending Regulation (EEC) No 2102/84 on harvest, production and stock declarations relating to wine-sector products
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 1208/84 (2), and in particular Articles 7 (5), 10 (2), 11 (5), 12a (5), 14 (4), 14a (4), 15 (9) and 28 (4) thereof,
Whereas Commission Regulation (EEC) No 2102/84 (3) lays down the details which must appear in harvest, production and stock declarations;
Whereas in recent wine years the Commission has not had adequate information about production and stocks in the wine sector; whereas such information is essential to the correct implementation of intervention measures and can only be acquired, under present circumstances, from declarations regarding harvests and stocks submitted by the various parties concerned; whereas appropriate measures should therefore be taken to ensure that the said declarations are submitted by those concerned and that they are complete and exact;
Whereas to this end Regulation (EEC) No 2102/84 should be amended to provide for penalties to apply in the event of failure to submit a declaration or where a declaration is incorrect or incomplete;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
Article 1
The following Article 10a is hereby inserted in Regulation (EEC) No 2102/84:
'Article 10a
1. Persons required to submit harvest, production or stock declarations who do not submit such declarations by the dates specified in Article 5 or by such earlier dates as may be specified by Member States pursuant to Article 14 shall not qualify for the benefit of the measures provided for by Articles 7, 10, 11, 12a, 14, 14a and 15 of Regulation (EEC) No 337/79.
2. Persons required to submit harvest, production or stock declarations who submit declarations found to be incomplete or incorrect by the competent authorities of the Member States may benefit from the measures referred to in paragraph 1 only if the missing or incorrect details are not essential to the proper application of the measures in question.
3. Where the declarations referred to in paragraphs 1 and 2 are found to be absent, incomplete or incorrect only after application of the measures referred to in Articles 7, 10, 11, 12a, 14, 14a and 15 of Regulation (EEC) No 337/79, the competent intervention agencies shall recover sums paid in error.'
Article 2
This Regulation shall enter into force on 15 September 1984.
It shall apply only to harvest, production and stock declarations submitted from that date, and in connection with intervention measures introduced for the wine-growing year 1984/85 and subsequent years pursuant to Articles 7, 10, 11, 12a, 14, 14a and 15 of Regulation (EEC) No 337/79.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 August 1984.