COMMISSION REGULATION (EEC) No 124/78 of 24 January 1978 amending for the fourth time Regulation (EEC) No 2115/76 laying down detailed rules for the import of wines, grape juice and grape must

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 816/70 of 28 April 1970 laying down additional provisions for the common organization of the market in wine (1), as last amended by Regulation (EEC) No 2560/77 (2), and in particular Article 28 (4) thereof,

Having regard to Council Regulation (EEC) No 1848/76 of 27 July 1976 laying down general rules for the import of wines, grape juice and grape must (3), as last amended by Regulation (EEC) No 2803/77 (4), and in particular Article 4 thereof,

Whereas, under Commission Regulation (EEC) No 2115/76 of 20 August 1976 laying down detailed rules for the import of wines, grape juice and grape must (5), as last amended by Regulation (EEC) No 1803/77 (6), V.I. documents need not be completed for wine originating in and imported from certain non-member countries if presented in containers of four litres or less before 1 September 1977, and for seven types of liqueur wine if accompanied by a certificate of designation or of origin before 1 April 1978 ; whereas, in the interests of clarity, these temporary provisions should be repeated since they are now permanently embodied in Regulation (EEC) No 1848/76, as amended by Regulations (EEC) No 531/77 (7) and (EEC) No 2803/77;

Whereas for five of these liqueur wines the use of a standard certificate of designation of origin is compulsory under Commission Regulation (EEC) No 1120/75 of 17 April 1975 laying down conditions for the entry of port, Madeira, sherry, Setubal muscatel and Tokay (Aszu and Szamorodni) wines falling within subheadings 22.05 C III a) 1 and b) 1 and 2 and 22.05 C IV a) 1 and b) 1 and 2 of the Common Customs Tariff (8) ; whereas the use of standard Community certificates should be prescribed for the other two liqueur wines (Boberg and Samos muscat) ; whereas, for Boberg wines, the certificate of designation of origin should be similar to that already used for these wines under Article 4 (3) of Commission Regulation (EEC) No 1019/70 of 29 May 1970 on detailed rules for establishing free-at-frontier offer prices and fixing the countervailing charge in the wine sector (9), as last amended by Regulation (EEC) No 1297/77 (10) ; whereas, since a standard certificate of origin is being prescribed for the first time by the Community for Samos muscat, it is necessary to permit the use, for a transitional period, of the certificates currently presented for this wine;

Whereas the imports originating in and coming from New Zealand fulfil the conditions laid down in the second indent of Article 2 (2) of Regulation (EEC) No 1848/76 and the V.I. document consequently need not be presented ; whereas the name of that non-member country should therefore be included in Annex IV to Regulation (EEC) No 2115/76;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wines,

HAS ADOPTED THIS REGULATION:

Article 1

The second paragraph of Article 8 of Regulation (EEC) No 2115/76 is hereby deleted.

Article 2

1. Article 9 (2) of Regulation (EEC) No 2115/76 is hereby amended to read as follows:

"2. The standard certificate of designation of origin for Boberg wine and the standard certificate of origin for Samos muscat are shown in Annexes V and VI respectively to this Regulation. (1)OJ No L 99, 5.5.1970, p. 1. (2)OJ No L 303, 28.11.1977, p. 1. (3)OJ No L 204, 30.7.1976, p. 5. (4)OJ No L 322, 17.12.1977, p. 1. (5)OJ No L 237, 28.8.1976, p. 1. (6)OJ No L 198, 5.8.1977, p. 15. (7)OJ No L 69, 16.3.1977, p. 4. (8)OJ No L 111, 30.4.1975, p. 19. (9)OJ No L 118, 1.6.1970, p. 13. (10)OJ No L 149, 17.6.1977, p. 10.

However, until 31 May 1978, Samos muscat may be presented with the certificate of origin used before the entry into force of Regulation (EEC) No 124/78 (1).

(1)OJ No L 20, 25.1.1978, p. 5." 2. Annexes I and II to this Regulation are hereby added as Annexes V and VI to Regulation (EEC) No 2115/76.

Article 3

The name of New Zealand is hereby added to Annex IV to Regulation (EEC) No 2115/76.

Article 4

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

However: - Article 2 shall apply with effect from 1 March 1978,

- Article 3 shall apply with effect from 1 February 1978.

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

Done at Brussels, 24 January 1978.

For the Commission

Finn GUNDELACH

Vice-President

ANNEX I

"ANNEX V - BIJLAGE V - BILAG V - ANHANG V - ANNEXE V - ALLEGATO V

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ANNEX II

"ANNEX VI - BIJLAGE VI - BILAG VI - ANHANG VI - ANNEXE VI - ALLEGATO VI

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