CELEX: 31974R1809
Language: en
Date: 1974-07-09 00:00:00
Title: Regulation (EEC) No 1809/74 of the Commission of 9 July 1974 amending Regulation (EEC) No 1770/72 on detailed rules of application relating to the additional conditions with which imported wines for direct human consumption have to comply

No L 188 / 36                                   Official Journal of the European Communities                                12 . 7 . 74
                                   REGULATION ( EEC) No 1809/74 OF THE COMMISSION
                                                                 of 9 July 1974
                 amending Regulation ( EEC) No 1770/72 on detailed rules of application relating
                 to the additional conditions with which imported wines for direct human
                                                         consumption have to comply
THE COMMISSION OF THE EUROPEAN                                             the wine in question is not intended to be marketed
COMMUNITIES,                                                               in the normal way ;
Having regard to the Treaty establishing the European                      Whereas the measures provided for in this Regulation
Economic Community ;                                                       are in accordance with the Opinion of the Manage­
                                                                           ment Committee for Wines ,
Having regard to Council Regulation (EEC) No
8 1 6/70 ( 1 ) of 28 April 1970 laying down additional
provisions for the common organization of the market
in wine, as last amended by Regulation (EEC) No                            HAS ADOPTED THIS REGULATION :
2592/73 (2 ), and in particular Article 28 (5) thereof ;
Whereas          Commission             Regulation        (EEC)    No
1 770/72 (3) of 2 August 1972 on detailed rules of appli­                                            Article 1
cation relating to the additional conditions with
which imported wines for direct human consumption                          The text of Article 9 of Regulation (EEC) No 1770/72
have to comply, as last amended by Regulation (EEC)                        is replaced by the following :
No 2865/73 (4 ), provides in particular that each
consignment of wine imported into the Community                                ' 1 . The provisions of this Regulation shall not
must be accompanied by a document ;                                            apply :
Whereas the requirement of such a document for                                 (a) to quantities of wine of fifteen litres or less :
small consignments involves more burdens than bene­
fits, for the cost in the exporting country of issuing                                — consisting of consignments of commercial
the documents in question is out of all proportion to                                     samples to be distributed free of charge ;
the advantages to be gained from exporting to the
Community ; whereas the same applies with regard to                                   — carried in the luggage of tourists ;
the checks to be carried out within the Community ;                                   — sent in small consignments to private indi­
whereas in view of the tiny quantities involved there                                     viduals where such quantities are obviously
would seem to be little risk, as a result of importers                                    intended for the personal or family
failing to comply with Council Regulation (EEC) No                                        consumption of the persons concerned ;
 1599 /71 (5 ) of 20 July 1971 laying down additional
conditions with which imported wines for direct                                (b) to wine forming part of the belongings of indi­
 human consumption have to comply, to the attain­                                     viduals who are moving house ;
 ment of the objectives set out by the same Regula­                            (c) to wine imported for trade fairs under the rele­
tion ; whereas the said Regulation (EEC) No 1599 /71                                  vant customs arrangements, provided that the
should therefore be applied only where imports from                                   wine concerned is put up in containers of a
a third country exceed 500 hi per year ;                                              capacity not exceeding two litres ;
                                                                                              3
Whereas,        however,         to   avoid      deflection  of  trade
                                                                                (d) to quantities of wine imported for experi­
 through other, non-producing, third countries, this                                  mental purposes of a scientific or technical
 exemption should apply only in respect of producing
                                                                                      nature (subject to a maximum of 1 hi per
 countries in which the wine originates ; whereas, more­                              consignment).
 over, since an idea of the quantities imported can be
 obtained only after the event, exemption should be                             (e) until 31 December 1974 to imported wines
 limited to a period sufficient to enable the trend in                                intended for direct human consumption put
 imports to be observed ;                                                             up in containers of a capacity not exceeding
                                                                                      two litres and originating in and coming from
Whereas provision should also be made for cases                                       the third countries listed in Annex IV to this
where no document is required because for example
                                                                                      Regulation ;
  ') OJ No     L 99 , 5 . 5 .  1970 , p. 1 .                                    (f) to wine intended for and sent directly to diplo­
  2) OJ No     L 269 , 26 .   9 . 1973 , p. 1 .                                       matic , consular or similar establishments and
  3) OJ No     L  191 , 21 .  8 . 1972, p. 31 .
  4) OJ No     L 295, 23 .    10 . 1973 , p. 8 .                                      imported in accordance with the exemption
  5) OJ No     L  168 , 27 .  7 . 1971 , p. 3 .                                       which has been granted to them .
 ---pagebreak--- 12 . 7 . 74                         Official Journal of the European Communities                        No L 188 / 37
     (g) to wine held on board international means of                                    Article 2
          transport as victualling supplies.                   The Regulation (EEC) No 1770/72 is completed by
     2.     Nothing in the provisions of this Regulation       the Annex IV, the text of which appears in the Annex
     shall effect the operation of the arrangements            of this Regulation .
     applicable to persons living in frontier zones.
                                                                                         Article 3
                                                               This Regulation shall enter into force on the third day
     3.     Member States shall take all appropriate           following its publication in the Official Journal of
     measures to ensure verification of the destination         the European Communities.
     of the wine specified in paragraph 1 '.                    It shall apply from 1 August 1974.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 9 July 1974.
                                                                          For the Commission
                                                                              The President
                                                                         Francois-Xavier ORTOLI
                                                        ANNEX
                                                      ANNEX IV
                                  — Brazil
                                  — Canada
                                 — United States
                                 — Iran
                                 — Lebanon
                                 — The People's Republic of China
                                 — Taiwan
                                 — USSR