CELEX: 31974R2185
Language: en
Date: 1974-08-20 00:00:00
Title: Regulation (EEC) No 2185/74 of the Commission of 20 August 1974 providing for a temporary derogation from Regulation (EEC) No 1769/72 concerning the accompanying document in the wine sector

22. 8 . 74                                 Official Journal of the European Communities                         No L 231 /7
                               REGULATION (EEC) No 2185/74 OF THE COMMISSION
                                                         of 20 August 1974
                providing for a temporary derogation from Regulation (EEC) No 1769/72
                               concerning the accompanying document in the wine sector
THE COMMISSION OF THE EUROPEAN                                        HAS ADOPTED THIS REGULATION :
COMMUNITIES,
Having regard to the Treaty establishing the European                                         Article 1
Economic Community ;
Having regard to Council Regulation (EEC) No                          1 . Member States may, by way of derogation from
816/70 ( ! ) of 28 April 1970 laying down additional                  Regulation (EEC) No 1769/72, provide that the accom­
provisions for the common organization of the market                  panying document shall not be required for the
in wine, as last amended by Regulation (EEC) No                      carriage from the vineyard by the grower of his own
 1 532/74 (2), and in particular Article 29 (3) thereof ;            grapes, whether or not crushed, provided that
Whereas        Commission            Regulation (EEC)        No      — the grapes are not transported to the grower's own
 1 769/72 (3) of 26 July 1972 drawing up accompanying                     wine-making plant or to a plant belonging to a
documents and determining the obligations of wine                         group of which .he is a member,
producers and traders other than retailers, as last                  — the grapes are not transported by the consignee,
amended by Regulation (EEC) No 374/74 (4), intro­
duced a system of accompanying documents which                       — the total distance, being a distance by road, over
makes provision for certain exemptions ;                                  which the grapes are carried does not exceed 40
                                                                          km ,
Whereas some grape producers encounter difficulties                  — the entire transport operation takes place within a
in "drawing up the accompanying document in the                           single wine-growing zone .
case of the carriage of grapes ; whereas they should
therefore be exempted from the obligation to draw up                  2.    In cases coming within paragraph 1 the
this document ;
                                                                     consignee shall draw up an accompanying document
                                                                      immediately on taking possession of the grapes.
Whereas to facilitate control such exemption should
apply only in respect of carriage over a short distance
within a single wine-growing zone effected by the
producer or on his instructions, and provided that the                                        Article 2
accompanying document is drawn up subsequently by
the consignee ;                                                      Member States may, by way of derogation from Regula­
                                                                      tion (EEC) No 1769/72, provide that the accom­
Whereas in certain areas of the Community grape                       panying document not to be drawn up for the trans­
must in fermentation is marketed in small containers                  portation of grape must in fermentation , provided that
for direct human consumption ; whereas, since this                   the product
trade occurs only at harvest time and the total quanti­
ties involved are small , it is desirable to facilitate sales        — is intended for direct human consumption,
in containers of a capacity not exceeding 25 1 by
waiving the requirement as to the accompanying docu­                 — is transported in containers of a capacity not
ment ;                                                                    exceeding 25 1,
                                                                     — is to be delivered to the consumer, or to a retailer,
Whereas this Regulation should apply only for such                        restaurant or similar establishment.
period of time as is necessary to see how these exemp­
tions operate in practice ;
                                                                                              Article 3
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Manage­
ment Committee for Wine ,                                            This Regulation shall enter into force on the third day
                                                                     following its publication in the Official Journal of
(')  OJ No   L 99 , 5 . 5 . 1970 , p. 1 .                             the European Communities.
(2 ) OJ No   L 166, 21 , 6 . 1974, p. 1 .
(3 ) OJ No   L 191 , 21 . 8 . 1972, p. 1 .
(4)  OJ No   L 42, 14. 2. 1974; p. 5 .                               It shall apply until 31 December 1974.
 ---pagebreak--- No L 231 / 8                    Official Journal of the European Communities                        22. 8 . 74
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 20 August 1974.
                                                                    For the Commission
                                                                        The President
                                                                   Francois-Xavier ORTOLI