CELEX: 31973R2340
Language: en
Date: 1973-08-29
Title: Regulation (EEC) No 2340/73 of the Commission of 29 August 1973 amending Regulation (EEC) No 1769/72 drawing up accompanying documents and determining the obligations of wine producers and traders other than retailers

30 . 8 . 73                                 Official Journal of the European Communities                          No L 242/ 13
                               REGULATION (EEC) No 2340/73 OF THE COMMISSION
                                                          of 29 August 1973
               amending Regulation (EEC) No 1769/72 drawing up accompanying documents
               and determining the obligations of wine producers and traders other than
                                                                retailers
THE COMMISSION OF THE EUROPEAN                                          HAS ADOPTED THIS REGULATION :
COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community ;
                                                                                                Article 1
Having regard to Council Regulation (EEC) No
816/70 (') of 28 April 1970 laying down additional
provisions for the common organization of the market                    The first subparagraph of Article 13 (2) of the Regula­
in wine, as last amended by Regulation (EEC) No                         tion (EEC) No 1769/72 is replaced by the following
                                                                        text :
2680/72 (2 ), and in particular Articles 29 (3) and 35
thereof ;
                                                                            42. Member States may provide that the accom­
Whereas the first subparagraph of Article 13 (2) of                         panying document shall not be established :
Commission Regulation ( EEC) No 1 769/72 (3) of 26
July 1972 drawing up accompanying documents and                             — for the transportation of grape juice, or wine
determining the obligations of wine producers and                                vinegar put up in non-returnable containers
traders other than retailers, as last amended by Regula­                         with a capacity not exceeding 5 litres, labelled
tion (EEC) No 1 98 /73 (4), allows Member States to                              and with a closing device approved by a
provide that the accompanying document shall not be                              competent agency ;
required in the case of grape juice, wine or wine
                                                                            — for the transportation of wine put up in non-re­
vinegar put up in labelled containers of a capacity not
                                                                                 turnable containers with a capacity not
exceeding 5 litres, provided that the closing devices of
                                                                                 exceeding 5 litres, labelled and with a closing
such containers have been approved by a competent
                                                                                 device approved by a competent agency and
agency, are not suitable for re-use and bear the name
and address or code number of the bottler ;                                      bearing the name and address or code number
                                                                                 of the organization responsible for putting up.
Whereas it has become evident that this provision for
grape juice and wine vinegar concerning the closing                         Each Member State shall supply the Commission
devices has entailed an expense for the parties                             with a detailed description of the approved closing
concerned which cannot be justified by the value of                         devices .'
the products in question ; whereas it is necessary to
exempt these products from this provision ;
Whereas according to Article 13 (3) of the same Regu­
lation , the accompanying document may be dispensed                                              Article 2
with for the transportation of grapes whether or not
crushed or of grape must when the products are trans­
ported from the producer to his wine-making plant or                    Paragraph 3 of Article 13 of Regulation (EEC) No
to the wine-making establishment of which he is a                        1769/72 is replaced by the following text :
member in the case of a group of producers ; whereas
to avoid any discrimination it is necessary to clarify
this text ;                                                                 '3 .   The    accompanying      document   may     be
                                                                            dispensed with for the transportation o^ grapes
                                                                            whether or not crushed or of grape must when the
Whereas the measures provided for in this Regulation
                                                                            transportation has been effected from the vineyard
are in accordance with the Opinion of the Manage­
ment Committee for Wines ;
                                                                            or from another plant belonging to the producer
                                                                            of the grapes, who himself has obtained the
                                                                             products specified above to
(')  OJ  No  L 99 , 5 . 5 . 1970, p . 1 .
(2 ) OJ  No  L 289 , 27 . 12 . 1972, p . 1
(3 ) OJ  No L  191 , 21 . S. 1972, p . 1 .                                  — his wine-making plant in the case of the single
(4 ) OJ  No L  23 , 29 . I. 1 973 , p . 3 .                                      producer
 ---pagebreak--- No L 242/ 14                  Official Journal of the European Communities                             30 . 8 . 73
  — or the wine-making establishment of which he                                  Article 3
     is a Member in the case of a group of
     producers.
                                                          This Regulation shall enter into force on the third day
  Member States shall determine the cases where an        following its publication in the Official Journal of
  accompanying document shall be drawn up.'               the European Communities.
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels 29 August 1973 .
                                                                   For the Commission
                                                                       The President
                                                                  François-Xavier ORTOLI