ddrg/super_eurlex huggingface dataset:
356 OfficialJournaloftheEuropeanCommunities
12.6.70 OfficialJournaloftheEuropeanCommunities NoL128/1
REGULATION (EEC)No1093/70OFTHECOUNCIL
of8June1970
concerningtheadditionofalcoholtoproductsinthewinesectororiginatinginthe
Community
THECOUNCILOFTHEEUROPEAN COMMUNITIES ,HASADOPTEDTHISREGULATION :
Article1
BywayofderogationfromtheprovisionsofArticle
25(1)ofRegulation (EEC)No816/70,alcoholmay,
undertheconditionsprovidedinthisRegulation,be
addedtothefollowingproducts:
(a)tablewinesandqualitywinesp.s.r.,whenthey
areexportedtothirdcountrieswhereclimatic
conditionsorconsumerhabitsnecessitatean
additionofalcohol;
(b)sparklingwineswhenasweetenerisadded.
Article2
ThealcoholaddedtotheproductslistedinArticle1
mustbeeitherneutralalcoholofvinousoriginhaving
anactualalcoholicstrengthofnotlessthan95°,or
anunrectifiedproductderivedfromthedistillationof
wineandhavinganactualalcoholicstrengthofnot
lessthan52°andnotmorethan80°.HavingregardtotheTreatyestablishingthe
EuropeanEconomicCommunity ;
HavingregardtoCouncilRegulation (EEC)No
816/701of28April1970layingdownadditional
provisionsforthecommonorganisationofthe
marketinwine,andinparticularArticle25(2)
thereof;
HavingregardtotheproposalfromtheCommission ;
Whereas,pursuanttoArticle25(1)ofRegulation
(EEC)No816/70,theadditionofalcoholtothe
productslistedinArticle1(2)ofthatRegulationis
prohibited,withtheexceptionofwinesfortifiedfor
distillationandliqueurwines;
Whereasparagraph2ofthatArticledoes,however,
permitderogationsfromthisprohibition ;
Whereasthepossibilityofaddingalcoholtotable
winesandtoqualitywinesproducedinspecified
regionsshouldbeprovidedforwheretheyare
exportedtothirdcountries,eithertotakeaccountof
consumerhabitsinthosecountries,ortoprevent
climaticconditionsortransportfromaffectingthe
qualityoftheexportedwines;
Whereasitisequallynecessarytoauthorisethis
practicewhenasweetenerhastobeaddedtoa
sparklingwine;
Whereasthispracticemustbestrictlycontrolledto
preventfrauds;whereas,tomaintainthevinous
characteroftheproductsinthissectorandto
encouragethedisposalofproductsderivedfromthe
distillationofwineorfromthedistillationofthe
by-productsofwine-making ,theaddedalcohol
shouldbeadistillateofvinousorigin;Article3
1.Thequantitiesofalcoholaddedmaynot:
(a)increasethetotalalcoholicstrengthofthe
productsspecifiedinArticle1(a)bymore
than2°;
(b)increasethetotalalcoholicstrengthofthe
products'specifiedinArticle1(b)bymore
than0-5°.
2.Inrespectofqualitywinesp.s.r.,MemberStates
mayrestricttheadditionofalcoholstillfurther,or
evenprohibititaltogether.
Article4
ThisRegulationshallenterintoforceonthethird
dayfollowingitspublicationintheOfficialJournal
oftheEuropeanCommunities . 1OJNoL99,5.5.1970,p.1.

OfficialJournaloftheEuropeanCommunities 357
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicableinallMember
States.
DoneatLuxembourg ,8June1970.
FortheCouncil
ThePresident
Ch.HÉGER
REGULATION (ECSC, EEC, EURATOM) No 1240/70 OF THE COUNCIL of 29 June 1970 determining the emoluments of former members of the Commission of the European Communities whose duties end on 1 July 1970

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities, and in particular Article 6 thereof;

Whereas in accordance with that Treaty the number of members of the Commission was reduced with effect from 2 July 1970;

Whereas it is for the Council to determine the salaries, allowances and pensions of the President and members of the Commission together with any payment to be made instead of remuneration;

HAS ADOPTED THIS REGULATION:

Article 1

Members of the Commission of the European Communities who held office on 1 July 1970 and have not been appointed members of the Commission for the period 2 July 1970 to 1 July 1974 shall be entitled, from 1 August 1970 until 31 December 1970, to payment of the basic monthly salary, family allowances and residence allowance provided for in Articles 2 (1), 3 and 4 (1) of Council Regulation No 422/67/EEC, 5/67/Euratom (1) of 25 July 1967, as last amended by Regulation (ECSC, EEC, Euratom) No 721/70 (2).

If, during this period, the person concerned takes up any new gainful activity, his gross monthly remuneration (i.e. before deduction of taxes) shall be deducted from the payment provided for above. The second sentence of Article 7 (3) and Article 7 (4) of Regulation No 422/67/EEC, 5/67/Euratom shall apply by analogy.

Article 2

The provisions of Articles 7, 8 and 9 of Regulation No 422/67/EEC, 5/67/Euratom shall, without prejudice to the other provisions of that Regulation, apply with effect from 1 January 1971 to the former members of the Commission of the European Communities referred to in Article 1 of this Regulation. The provisions of Article 14 of Regulation No 422/67/EEC, 5/67/Euratom shall be applicable to them by analogy from 2 July to 31 December 1970.

The period during which the payment provided for in Article 1 is made shall be taken into account for calculating the transitional allowance and pension rights.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 29 June 1970.

For the Council

The President

P. HARMEL (1)OJ No 187, 8.8.1967, p. 1. (2)OJ No L 89, 23.4.1970, p. 1.
+++++

( 1 ) OJ NO L 99 , 5 . 5 . 1970 , P . 1 .

( 2 ) OJ NO L 143 , 1 . 7 . 1970 , P . 1 .

REGULATION ( EEC ) NO 2005/70 OF THE COMMISSION OF 6 OCTOBER 1970 ON THE CLASSIFICATION OF VINE VARIETIES

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY SETTING UP THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 816/70 ( 1 ) OF 28 APRIL 1970 LAYING DOWN ADDITIONAL PROVISIONS FOR THE COMMON ORGANISATION OF THE MARKET IN WINE , AS AMENDED BY REGULATION ( EEC ) NO 1253/70 ( 2 ) , AND IN PARTICULAR THE SECOND SUBPARAGRAPH OF ARTICLE 16 ( 1 ) AND ARTICLE 37 THEREOF ;

WHEREAS ARTICLE 16 ( 1 ) OF REGULATION ( EEC ) NO 816/70 PROVIDES FOR A CLASSIFICATION OF VINE VARIETIES APPROVED FOR CULTIVATION IN THE COMMUNITY ; WHEREAS THOSE VINE VARIETIES SHOULD BE CLASSIFIED , BY ADMINISTRATIVE UNITS OR PARTS THEREOF , INTO RECOMMENDED VINE VARIETIES , AUTHORISED VINE VARIETIES AND PROVISIONALLY AUTHORISED VINE VARIETIES ;

WHEREAS THIS CLASSIFICATION OF VINE VARIETIES SHOULD BE ADOPTED IN THE LIGHT OF THE PROVISIONS AND CRITERIA OF COUNCIL REGULATION ( EEC ) NO 1388/70 ( 3 ) OF 13 JULY 1970 ON GENERAL RULES FOR THE CLASSIFICATION OF VINE VARIETIES ;

WHEREAS ARTICLE 16 ( 2 ) OF REGULATION ( EEC ) NO 816/70 PROVIDES THAT FROM 1 SEPTEMBER 1971 ONLY RECOMMENDED OR AUTHORISED VINE VARIETIES MAY BE USED FOR NEW VINE PLANTING , REPLANTING OR GRAFTING ; WHEREAS , MOREOVER , IN ACCORDANCE WITH POINT 10 OF ANNEX II TO REGULATION ( EEC ) NO 816/70 , ONLY WINES DERIVED FROM VINE VARIETIES APPEARING IN THE CLASSIFICATION OF VINE VARIETIES MAY BE CONSIDERED AS TABLE WINES ;

WHEREAS STRICT APPLICATION OF REGULATION ( EEC ) NO 1388/70 WOULD , IN CERTAIN CASES , LEAD TO CONSIDERABLE DIFFICULTIES , SINCE THE CLASSIFICATION IS INTENDED TO SERVE AS GUIDANCE FOR VINE-PLANTING ; WHEREAS , THEREFORE , EXCEPTIONS IN RESPECT OF TABLE GRAPE VARIETIES USED BY THE CANNING INDUSTRY WHICH ARE NOT SUBJECT TO THE COMMON QUALITY STANDARD APPLICABLE TO TABLE GRAPES SHOULD BE ALLOWED FOR A TRANSITIONAL PERIOD ;

WHEREAS THE MEASURES PROVIDED IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR WINES ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE CLASSIFICATION OF VINE VARIETIES SHALL BE SHOWN IN THE ANNEX TO THIS REGULATION .

ARTICLE 2

1 . THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

2 . THE PROVISIONS OF TITLE II OF THE ANNEX TO THIS REGULATION SHALL BE VALID UNTIL 31 AUGUST 1971 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 6 OCTOBER 1970 .

FOR THE COMMISSION

THE PRESIDENT

FRANCO M . MALFATTI

ANNEX : SEE OJ NO L 224 OF 10 . 10 . 1970 .
REGULATION (EEC) No 2274/70 OF THE COUNCIL of 10 November 1970 amending Regulation (EEC) No 447/68 laying down general rules for intervention buying of sugar

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community;

Having regard to Council Regulation No 1009/67/EEC (1) of 18 December 1967 on the common organisation of the market in sugar, as last amended by Regulation (EEC) No 1253/70, (2) and in particular Article 9 (7) thereof;

Having regard to the proposal from the Commission;

Whereas Article 9 (1) of Regulation No 1009/67/EEC provides that intervention agencies shall be required, under conditions to be laid down, to buy in sugar offered to them throughout the marketing year ; whereas Council Regulation (EEC) No 447/68 (3) of 9 April 1968 laying down general rules for intervention buying of sugar, as last amended by Regulation (EEC) No 2487/69, (4) specified some of those conditions ; whereas the first subparagraph of Article 2 of that Regulation limits intervention to manufacturers who have been allocated a basic quota;

Whereas experience gained in the sugar sector since the entry into force of Regulation No 1009/67/EEC has demonstrated the importance of free competition for the marketing of sugar ; whereas free competition can be encouraged if independent traders participate in the marketing of sugar ; whereas participation by independent traders would be of particular value in trade between Member States and in trade with third countries since independent sugar undertakings play an essential role in this field ; whereas the position of these undertakings should therefore be strengthened in the common organisation of the market in sugar ; whereas, to that end, they should be allowed to offer Community sugar for intervention, so that they can effect their commercial transactions under normal conditions;

HAS ADOPTED THIS REGULATION:

Article 1

The following shall be substituted for Article 2 of Regulation (EEC) No 447/68:

"1. The intervention agency shall buy in sugar only if the party making the offer has been allocated a basic quota.

However, the intervention agency may also be allowed to buy in sugar offered by any specialised sugar trader who has been approved by the Member State on whose territory he is established.

2. The intervention agency may, after examining existing storage facilities, make acceptance of the offer for intervention conditional on the conclusion of a storage contract between the intervention agency and the seller."

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 November 1970.

For the Council

The President

H. D. GRIESAU

(1)OJ No 308, 18.12.1967, p. 1. (2)OJ No L 143, 1.7.1970, p. 1. (3)OJ No L 91, 12.4.1968, p. 5. (4)OJ No L 314, 15.12.1969, p. 11.
REGULATION (EEC) No 2365/70 OF THE COUNCIL of 23 November 1970 amending Regulation (EEC) No 1467/69 on imports of citrus fruit originating in Morocco

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof;

Having regard to the proposal from the Commission;

Having Regard to the Opinion of the European Parliament;

Whereas Article 2 of Council Regulation (EEC) No 1467/69 (1) of 23 July 1969 on imports of citrus fruit originating in Morocco lays down the conditions of application of the particular system established by that Regulation in respect of imports into the Community of citrus fruit originating in Morocco with reference to the quotations recorded at the wholesale stage on the representative markets of the Community ; whereas these recordings were made in accordance with the provisions of Article 11 (2) of Regulation No 23 (2) on the progressive establishment of a common organisation of the market in fruit and vegetables;

Whereas those privisions have since been amended by Regulation (EEC) No 2512/69 (3) whereas the entry prices must in consequence be calculated on the basis of the quotations recorded at or converted to the import/wholesale stage ; whereas Article 2 of Regulation (EEC) No 1467/69 should therefore be adjusted accordingly;

HAS ADOPTED THIS REGULATION:

Article 1

The following shall be substituted for Article 2 (1) of Regulation (EEC) No 1467/69:

"In order that the conditions laid down in Article 4 (2) of Annex I to the Agreement shall be fulfilled, the quotations recorded on the representative markets of the Community at the import/wholesale stage or converted to that stage, by conversion factors and after deduction of transport costs and import charges other than customs duties-these conversion factors, costs and taxes being those laid down for the calculation of the entry price referred to in Regulation No 23-must remain equal to or higher than the price laid down in Article 3, for a specific product adjusted to quality class I, where appropriate, pursuant to the provisions of the first indent, seventh subparagraph of Article 11 (2) of Regulation No 23."

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 November 1970.

For the Council

The President

W. SCHEEL

(1)OJ No L 197, 8.8.1969, p. 95. (2)OJ No 30, 20.4.1962, p. 965/62. (3)OJ No L 318, 18.12.1969, p. 4.
REGULATION (EEC) No 2476/70 OF THE COUNCIL of 7 December 1970 amending Regulation (EEC) No 2517/69 laying down certain measures for reorganising Community fruit production

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof;

Having regard to the proposal from the Commission;

Having regard to the Opinion of the European Parliament;

Whereas Council Regulation (EEC) No 2517/69 (1) of 9 December 1969 laying down certain measures for reorganising Community fruit production establishes a system of premiums for grubbing apple, pear and peach trees;

Whereas, in order to encourage the attainment of the objectives set out in that Regulation, the maximum amount of the premium should be increased and provision should be made for paying the whole premium after the grubbing has been completed;

HAS ADOPTED THIS REGULATION:

Article 1

The following shall be substituted for Article 3 of Regulation (EEC) No 2517/69:

"1. The amount of the premium shall, in accordance with the procedure laid down in Article 13 of Regulation No 23, be fixed at different levels in order to take account of the state of growth of the trees. This amount shall not exceed 800 units of account per hectare grubbed.

2. The amount of the premium shall be paid in a single instalment when the claimant proves that he has actually completed the grubbing."

Article 2

The following text shall be substituted for the text of Article 6 of Regulation (EEC) no 2517/69:

"During the last three months of the period referred to in Article 2 (2) (b), Member States shall check whether the beneficiary has complied with his undertaking to abstain from replanting apple, pear and peach trees on his holding ; they shall inform the Commission of the results of this check.

If that undertaking has not been complied with, Member States shall recover the premium without prejudice to the imposition of any penalties."

Article 3

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

It shall take effect from 1 January 1970

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 December 1970

For the Council

The President

G. LEBER

(1)OJ No L 318, 18.12.1969, p. 15.
962 OfficialJournaloftheEuropeanCommunities
NoL284/52 OfficialJournaloftheEuropeanCommunities 30.12.70
REGULATION (EEC)No2662/70OFTHECOMMISSION
of29December1970
extendingthetimelimitsetinthesecondsubparagraph ofArticle15(1)ofRegulation
(EEC)No542/69onCommunitytransit
WhereasthemeasuresprovidedforinthisRegulation
areinaccordancewiththeOpinionoftheCommittee
onCommunityTransit;
HASADOPTEDTHISREGULATION :
Article1THECOMMISSION OFTHEEUROPEAN COM­
MUNITIES ,-
HavingregardtotheTreatyestablishingthe
EuropeanEconomicCommunity ;
HavingregardtoCouncilRegulation (EEC)No
542/691of18March1969onCommunitytransit,
andinparticularArticle58(1)(d)thereof;
Whereas,becauseofthegreatnumberofforms
hithertousedintheMemberStatesforexportand
re-exportdeclarations,ithasnotbeenpossiblefor
certainMemberStatestoalignallexportand
re-exportdeclarationformswithformsT1orT2;
Whereasitisthereforeappropriatethatinthe
MemberStateswherethisalignmenthasnotyetbeen
completeditshouldbepossibletocontinuetouse
thenationalexportorre-exportformsforafurther
sixmonths;Thetimelimitsetinthesecondsubparagraph of
Arti'cle15(1)ofRegulation (EEC)No542/69shall
beextendeduptqandincluding30June1971.
Article2
ThisRegulationshallenterintoforceon31
December1970.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicableinallMember
States.
DoneatBrussels,29December1970.
FortheCommission
ThePresident
FrancoM.MALFATTI
1OJNoL77,29.3.1969,p.1.
OfficialJournaloftheEuropeanCommunities 83
18.2.71 OfficialJournaloftheEuropeanCommunities NoL40/11
REGULATION (EEC)No345/71OFTHECOMMISSION
of17February1971
amendingAnnexIItoRegulation (EEC)No571/70determiningthelistofeggproducts
coveredbytheprovisionsfortheadvancefixingofexportrefundsandthedestination
ofsuchproducts
countriestoguaranteeCommunityexportersgreater
securityintheexecutionofcommercialtransactions ;
WhereasthemeasuresprovidedforinthisRegulation
areinaccordancewiththeManagementCommittee
forPoultrymeatandEggs;
HASADOPTEDTHISREGULATION :
Article1THECOMMISSION OFTHEEUROPEAN COM­
MUNITIES,
HavingregardtotheTreatyestablishingthe
EuropeanEconomicCommunity ;
HavingregardtoCouncilRegulationNo
122/67/EEC1of13June1967onthecommon
organisationofthemarketineggs,aslastamended
byRegulation (EEC)No436/70,2andinparticular
Article9(3)thereof;
WhereasAnnexIItoCommissionRegulation (EEC)
No571/703of26March1970determiningthelistof
eggproductscoveredbytheprovisionsforthe
advancefixingofexportrefundsandthedestination
ofsuchproductsindicatesthecountriestowhichthe
productswhicharelistedinAnnexItothat
Regulationandforwhichtherefundmaybefixedin
advancecanbeexported;
Whereas,inviewofthepresentsituationonthe
marketineggproducts,itshouldbepossibleto
extendtheadvancefixingofrefundstoallthirdThefollowingshallbesubstitutedforAnnexIIto
Regulation (EEC)No571/70:
'Annex11
Allthirdcountries.'
Article2
ThisRegulationshallenterintoforceontheday
followingitspublicationintheOfficialJournalofthe
EuropeanCommunities .
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicableinallMember
States.
DoneatBrussels,17February1971.
\
FortheCommission
ThePresident
FrancoM.MALFATTI
1OJNo117,19.6.1967,p.2293/67.
2OJNoL55,10.3.1970,p.1.
3OJNoL70,27.3.1970,p.7.
++++

( 1 ) OJ N L 249 , 17 . 11 . 1970 , P . 4 .

REGULATION ( EEC ) N 771/71 OF THE COMMISSION

OF 14 APRIL 1971

FIXING IN RESPECT OF MILK AND MILK PRODUCTS THE MAXIMUM TOLERANCES REFERRED TO IN REGULATION ( EEC ) N 2306/70

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) N 2306/70 ( 1 ) OF 10 NOVEMBER 1970 ON THE FINANCING OF INTERVENTION EXPENDITURE IN RESPECT OF MILK AND MILK PRODUCTS ON THE INTERNAL MARKET , AND IN PARTICULAR ARTICLES 4 ( 2 ) ( C ) AND 5 ( 2 ) ( C ) THEREOF ;

WHEREAS , IN ACCORDANCE WITH ARTICLE 3 ( 2 ) OF REGULATION ( EEC ) N 2306/70 , ACCOUNTS COVERING THE NET LOSSES SUSTAINED BY THE INTERVENTION AGENCIES CONCERNED MUST BE DRAWN UP FOR EACH MEMBER STATE AND FOR EACH OF THE PERIODS SPECIFIED IN PARAGRAPH 3 OF THAT ARTICLE ; WHEREAS THE ACCOUNT FOR BUTTER IS CREDITED WITH THE ITEMS REFERRED TO IN ARTICLE 4 ( 2 ) OF THAT REGULATION AND THE ACCOUNTS FOR SKIMMED MILK POWDER ARE CREDITED WITH THE ITEMS REFERRED TO IN ARTICLE 5 ( 2 ) ; WHEREAS THESE ITEMS INCLUDE THE VALUE OF THE QUANTITY LOSSES EXCEEDING THE MAXIMUM TOLERANCE FIXED IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR IN ARTICLE 30 OF REGULATION ( EEC ) N 804/68 ;

WHEREAS , IN ORDER TO FIX THE MAXIMUM TOLERANCE , THE NORMAL STORAGE CONDITIONS OF THE INTERVENTION AGENCIES SHOULD BE TAKEN INTO CONSIDERATION ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . THE MAXIMUM TOLERANCE REFERRED TO IN ARTICLE 4 ( 2 ) ( C ) OF REGULATION ( EEC ) N 2306/70 IS HEREBY FIXED AT 0 .

2 . THE MAXIMUM TOLERANCE REFERRED TO IN ARTICLE 5 ( 2 ) ( C ) OF REGULATION ( EEC ) N 2306/70 IS HEREBY FIXED AT 0 * 1 % OF THE SUM TOTAL OF THE QUANTITIES OF SKIMMED MILK POWDER WHICH ARE PUT INTO STORAGE IN THE RELEVANT PERIOD AND THE QUANTITIES IN STORAGE ON THE FIRST DAY OF THAT PERIOD .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 14 APRIL 1971 .

FOR THE COMMISSION

THE PRESIDENT

FRANCO M . MALFATTI
OfficialJournaloftheEuropeanCommunities 285
28.5.71 OfficialJournaloftheEuropeanCommunities NoL116/7
REGULATION (EEC)No1079/71OFTHECOUNCIL
of25May1971
amendingArticles35and48ofRegulation (EEC)No542/69onCommunitytransit
THECOUNCILOFTHEEUROPEANCOMMUNITIES ,
HavingregardtotheTreatyestablishingthe
EuropeanEconomicCommunity ,andinparticular
Article235thereof;dispatched,theyellowlabelprovidedforinArticle
48ofRegulation (EEC)No542/69beaffixedboth
onthepackagesandontheaccompanying
documents;
HASADOPTEDTHISREGULATION :
Article1
1.AsecondparagraphshallbeaddedtoArticle35
ofRegulation (EEC)No542/69,asfollows:
'Wheretheguarantorhasnotbeennotifiedbythe
officeofdepartureofthenon-discharge oftheT1
document,heshallbereleasedfromhis
obligationsonexpiryofaperiodoftwelve
monthsfromthedateofregistrationoftheT1
declaration.'
2.ThesecondparagraphofArticle35of
Regulation (EEC)No542/69shallalsoapplytoT1
declarationswhichwereregisteredbeforethedateof
entryintoforceofthisRegulation .Insuchcasesthe
twelvemonthperiodshallbecalculatedfromthat
date.Havingregardtotheproposalfromthe
Commission ;
HavingregardtotheOpinionoftheEuropean
Parliament 1;
HavingregardtotheOpinionoftheEconomicand
SocialCommittee ;
WhereasArticle27ofCouncilRegulation (EEC)No
542/692of18March1969onCommunitytransit
requirestheprincipaltofurnishaguaranteewhichas
aruletakestheformofajointandseveralguarantee
ofanaturalorlegalthirdperson;
WhereasArticle35ofthatRegulationprovidesthat
theguarantorisreleasedfromhisobligationswhen
theTldocumenthasbeendischargedattheofficeof
departure;whereas,however,theneedforcertainty
inthelawentailsincertaincircumstances that
personswhoactasguarantorsbeaffordedthe
certaintyofbeingreleasedfromtheirobligationson
expiryofafixedperiodwhichitseemsappropriate
tosetattwelvemonthscalculatedfromthedateof
registrationoftheCommunitytransitdeclaration;
Whereasinordertoensurethattheprovisionsofthe
Treatyonfreemovementofgoodsapply,asregards
goodssentbypost,onlytogoodswhichsatisfythe
conditionslaiddowninArticles9and10ofthat
Treaty,itshouldbeprovidedthat,incaseswhere
goodswhichdonotsatisfythoseconditionsareArticle2
Inthesecondsentenceofparagraph2ofArticle48of
Regulation (EEC)No542/69thewords'tothe
packagesortotheaccompanying documents'are
replacedbythewords'tothepackagesandtothe
accompanying documents'.
Article3
ThisRegulationshallenterintoforceonthethird
dayfollowingitspublicationintheOfficialJournal
oftheEuropeanCommunities .1OJNoC45,10.5.1971,p.39.
2OJNoL77,29.3.1969,p.1.

286 OfficialJournaloftheEuropeanCommunities
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicableinallMember
States.
DoneatBrussels,25May1971.
FortheCouncil
ThePresident
M.COINTAT