CELEX: 31970R1022
Language: en
Date: 1970-05-29 00:00:00
Title: Regulation (EEC) No 1022/70 of the Commission of 29 May 1970 introducing accompanying certificates for certain wines for a transitional period

Official Journal of the European Communities                                         31
No L 118/20                            Official Journal , of the European Communities                                   1.6.70
                                REGULATION (EEC) No 1022/70 OF THE COMMISSION
                                                         of 29 May 1970
                        introducing accompanying certificates for certain wines for a transitional period
THE COMMISSION OF THE EUROPEAN COMMUNI­                             tion of an accompanying certificate for quality wines
TIES,                                                               p.s.r. can therefore be dispensed with;
Having regard to the Treaty establishing the European               Whereas it is also necessary, from now on, to adhere to
Economic Community ;                                                the principle of prohibiting the coupage of an imported
                                                                    wine with a wine produced within the Community or
Having regard to Council Regulation (EEC) N0 8I6/7O1                coupage between imported wines ; whereas the best way
of 28 April 1970 laying, down additional provisions for             of achieving this is to make it compulsory to produce a
the common organization 1 of the market in wine, and in             document accompanying the imported wine when it is
particular Articles 35 and 37 thereof;                              re-exported to another Member State specifying, on the
                                                                    one hand, that the provisions of Article 28(1) (a) of
Having regard to Council Regulation (EEC) No 817/702                 Regulation (EEC) No 816/70 have been observed and,
of 28 April 1970 laying down special provisions relat­              on the other, that the wine in question has not been sub­
ing to quality wines produced in specified regions, and in          jected to coupage; whereas, however, account should be
particular Article 1 7 thereof;            \                        taken of the exceptions provided for in . Commission
                                                                    Regulation (EEC) No 1021/704 of 29 May 1970 author­
Whereas Article 29(1) of Regulation (EEC) No 816/70                  izing coupage between imported wines ;
provides that a number of products in the wine sector
may be put into circulation within the Community only               Whereas, for that purpose, Member States should take
with an officially checked accompanying document ;                  all necessary measures to ensure that the statements
whereas, to apply such provisions, a certain period of              appearing in the certificates are correct ;
time is needed to set up the machinery for issuing and
controlling those documents; whereas, until then, provi­            Whereas, furthermore, wines which do not meet the re­
sion must be made to exclude from intra-Community                    quirements of Article 27 (2) and Article 28 ( 1) (a) of
trade wines originating in the Community which are not              Regulation (EEC) No 816/70 may not be offered for
recognized to be of sound and fair marketable quality by            direct human consumption; whereas it is necessary to
the producer Member State and do not meet the require­              provide appropriate measures which ensure that they are
ments laid down in Article 27(2) of Regulation (EEC)                put to the uses which are open to them;
No 816/70; whereas to that end it is necessary, for a
transitional period, to provide for a movement certificate          Whereas the measures provided for in this Regulation
valid solely for trade between the Member States;                   are in accordance with the Opinion of the Management
                                                                    Committee for Wine,
Whereas, however, such a measure is needed only to
facilitate the application of Article 27 (2) of Regulation           HAS ADOPTED THIS REGULATION :
(EEC) No 816/70; whereas liqueur wines, sparkling
wines and semi-sparkling wines can therefore be exclu­                                        Article 1
ded; whereas, until the list of quality wines p.s.r. referred
to in Article 5(3) of Regulation (EEC) No 817/70 is                  1 . With the exception of:
drawn up, reference may be made to the definitions given            (a) liqueur wines
 in Article 3 of the Council Decision 3 concerning the fix­
ing of import quotas which the Federal Republic of                  (b) sparkling wines and
Germany , the French Republic and the Italian Republic              (c) semi-sparkling wines
must open for wine; whereas most of those definitions
require a certificate to be produced; whereas the produc­           no wine intended for direct human consumption may be
                                                                    traded between Member States except with an accom­
                                                                     panying certificate.
1 OJ No L 99, 5.5.1970, p.l .
2 OJ No L 99, 5.5.1970, p. 20.
3 OJ No 30, 20.4.1962, p. 1002/62.                                  4 OJ No L 118, 1.6.1970, p.19.
 ---pagebreak---  32                                      Official Journal of the European Communities
 2. By way of derogation from paragraph 1 , quality                 nation carried out in a laboratory or an official institute
wines p.s.r. may be traded between Member States only               or an institute acting under the supervision of the pro­
 if the wine in question fulfils the conditions laid down in        ducer Member State, that the wine in question is of
 Article 3 of the Council Decision concerning the fixing            sound and fair marketable quality and, moreover, meets
 of import quotas which the Federal Republic of Ger­                the requirements of Article 27(2)(a) or (b) of Regulation
 many, the French Republic and the Italian Republic                 (EEC) No 816/70.
 must open for wine.
                                                                                              Article 6
 For the purpose of this Regulation any wine which meets             1 . Where a wine originating in the Community is dis­
 those conditions shall be considered as quality wine               patched from a Member State (hereinafter called the
 p.s.r.
                                                                    'dispatching Member State') other than the producer
                                                                    Member State, the competent authority of the dispatch­
 3. Paragraph 1 shall not apply to quantities of less than          ing Member State shall issue a white accompanying cer­
 50 litres .
                                                                    tificate only when it is satisfied that the wine in question :
                           Articles
                                                                    (a) will be forwarded unaltered or
  1 . The colour of the accompanying certificate for wine           (b) is the result of a coupage of wines originating in the
 originating in the Community shall be white.                             Community .
 The colour of the accompanying certificate for wine                2. In the case referred to in paragraph 1(a), the compe­
 originating outside the Community shall be red.                    tent authority of the dispatching Member State need only
                                                                    authenticate the white certificate accompanying the wine
 2. Each certificate shall bear a serial number.
                                                                    when it enters the territory of the Member State con­
                                                                    cerned .
                           A rticle 3
 1 . The accompanying certificates shall be drawn up in              3 . In the case referred to in paragraph 1(b) the compe­
triplicate on the form set out :                                    tent authority of the dispatching Member State shall
                                                                    issue the certificate on the basis of the white certificate
(a) in Annex I as regards wines originating in the Com­
      munity ;
                                                                    accompanying each of the wines used in the coupage
                                                                    when they entered the territory of the Member State con­
(b) in Annex II as regards wines originating outside the            cerned .
      Community .
                                                                                               A rticle 7
2. The original certificate and copies thereof shall be
                                                                     1 . The red accompanying certificate shall be issued by
completed at one and the same time, using carbon paper,
                                                                    the competent authority of the Member State from whose
and shall be either typewritten or written by hand. In the
                                                                     territory the wine in question is dispatched to the terri­
latter case, they shall be completed in capital letters.
                                                                     tory of another Member State.
3 . One copy of the certificate shall be retained by the
                                                                    Such authority shall issue the accompanying certificate
competent authority that issued it. Another copy shall be
                                                                    only when it is satisfied that the wine in question meets
forwarded by the issuing authority to the competent au­
                                                                    the requirements of Article 28(1) (a) of Regulation
thority of the Member State into whose territory the wine
is imported. The third copy shall accompany the wine up             (EEC) No 816/70.
to the stage specified - by the provisions of the latter
Member State .                                                       2. Except where a wine is fowarded to a Member State
                                                                     in which the coupage of wines originating outside the
                           Article 4                                Community is authorized in accordance with Regulation
                                                                    (EEC) No 1021/70, Member States shall take all neces­
 1 . The accompanying certificate shall be issued by a
                                                                    sary measures to ensure that the wine dispatched :
competent authority appointed by each Member State.
Subject to compliance with the following Articles, it                (a) is identical to the product imported under the des­
shall be issued to any applicant.                                         cription in question and
                                                                    (b) has not been subjected to a coupage on their terri­
2. To be valid, the certificate must be completed in full.                tory .
                           Articles                                                            Articles
 1 . The white accompanying certificate shall be issued by           With regard to intra-Community trade in wines :
the pompetent authority of the Member State in whose
territory the wine was produced (hereinafter called the             (a) declaration T 2 referred to in Article 39 of Council
' producer Member State').                                                Regulation (EEC) No 542/69 1 of 18 March 1969
2. The authority shall issue the certificate only when it
is satisfied, after an analytical and organoleptic exami­           1 OJ No L 77, 29.3.1969, p. 1 .
 ---pagebreak---                                             Official Journal of the European Communities                                         33
        on Community transit, or, as the case may be, docu­              2. Member States shall subject wines originating in the
        ment T 2 L referred to in Article 1 of Commission                Community and not approved for direct human con­
        Regulation (EEC) No 2313/69 1 of 19 November                     sumption to the control referred to in paragraph 1 when
         1969 on the internal Community transit document                 they are traded between Member States.
        issued for the purpose of substantiating the Commu­
        nity nature of goods, shall include in Section 31 , in
        an official language of the dispatching Member State                                      Article 10
        one of the following statements :
                                                                          1 . Each Member State shall inform the Commission of
        - admis a la consommation humaine directe'
                                                                         the name and address of the competent authority issuing
             zum unmittelbaren menschlichen Verbrauch zu­                the accompanying certificates.
           gelassen'
                                                                         The Commission shall inform the other Member States
             ammesso al consumo diretto delle persone'
                                                                         thereof.
           'toegelaten voor rechtstreekse menselijke con­
            sumptie'                                                     2. Each Member State shall inform the Commission of
           (for direct human consumption); or                            the measures taken under Article 7(2) of this Regulation.
        - non admis à la consommation humaine directe'
           ' zum     unmittelbaren   menschlichen      Verbrauch
                                                                                                   Article 11
            nicht zugelassen'
                                                                          1 . Until detailed rules for application of Article 29 of
           'non ammesso al consumo diretto delle persone
                                                                         Regulation (EEC) No 816/70 take effect, obligations
             niet toegelaten voor rechtstreekse menselijke con­          arising from that Article shall be suspended.
           sumptie'
           (not for direct human consumption).                           2. Subject to the provisions of this Regulation, national
                                                                         rules shall apply to the control of the movement of wines
(b) Where Article 41(2) of Regulation (EEC) No 542/                      within the territory of a Member State.
       . 69 is applied, the copy of the national export docu­
     • ment shall include one of the statements shown
         under (a).                                                                               Article 12
                                                                         1 . This Regulation shall enter into force on 1 June 1970.
                              Article 9
 1 . Member States shall subject wines originating outside               2. The provisions of this Regulation shall be applicable
the Community and not approved for direct human con­                     until such time as detailed rules for applying Article 29
sumption to a customs control, or equivalent administra­                 of Regulation (EEC) No 816/70 take effect and not later
tive control, to ensure that they are used as stated.                    than 3 1 December 1970.
                    This Regulation shall be binding in its entirety and directly applicable in all Member States.
                    Done at Brussels, 29 May 1970.
                                                                                                  For the Commission
                                                                                                      The President
                                                                                                         Jean REY
1 OJ No L 295 , 24.1 1.1969, p. 8.
 ---pagebreak--- 34                                    Official Journal of the European Communities
                                                         ANNEX I
                                               EUROPEAN COMMUNITIES
                                COMMON ORGANIZATION OF THE MARKET IN WINE
                                             ACCOMPANYING CERTIFICATE
                                                        No
                                      WINES ORIGINATING IN THE COMMUNITY
      Issuing Authority
   . (full address)
      Consignor :       Surname                                                Forename
                        Address
     Consignee :        Surname                                                Forename
                        Address
     Description of the goods :
     Colour :
     Alcoholic strength : actual                                ,           Total
     (to ij 10 of a degree)
     Total acidity
     Description of consignment :
     Nature of containers :                                                   Number ......
    Total volume
    It is hereby certified that the abovementioned product is of sound and fair marketable quality and has
    been produced              accordance with— ^ reqUjrements 0f Article 27 (2) of Regulation (EEC) No 816/70.
                            from wines meeting
     Stamp of issuing authority
    Date                                                       Signature
     1 Delete as necessary .
 ---pagebreak---                                Official Journal of the European Communities                                 35
                                                  ANNEX II
                                        EUROPEAN COMMUNITIES
                          COMMON ORGANIZATION OF THE MARKET IN WINE
                                      ACCOMPANYING CERTIFICATE
                                                 No
                           WINES ORIGINATING OUTSIDE THE COMMUNITY
 Issuing authority :
 ( full address)
 Third country in wh'ch the wine was produced '
                   . from which the wine was imported                   x
 Consignor :        Surname                                           Forename
                   Address
 Consignee :        Surname                                           Forename
                   Address
 Description of the goods :
 Colour :
 Alcoholic strength : actual                                          Total
•( to 1 / 10 of a degree)
 Total acidity                                           :
 Description of the consignment :
 Nature of containers                                                Number
 Total volume
 It is hereby certified that the above mentioned product meets the requirements of Article 28 ( 1 ) ( a) of
 Regulation (EEC) No 816/70 and h^n ^Tbeen the'subjcet a coupage within the Community.
 Stamp of issuing authority :
 Date                                                   Signature
 1 Delete as necessary .