CELEX: 31974R1199
Language: en
Date: 1974-05-13 00:00:00
Title: Regulation (EEC) No 1199/74 of the Commission of 13 May 1974 providing for a temporary derogation from Regulation (EEC) No 1769/72 concerning the accompanying documents in the wine sector

No L 131 / 14                          Official Journal of the European Communities                             14. 5 . 74
                            REGULATION (EEC) No 1199/74 OF THE COMMISSION
                                                       of 13 May 1974
              providing for a temporary derogation from Regulation (EEC) No 1769/72
                           concerning the accompanying documents in the wine sector
THE COMMISSION OF THE EUROPEAN                                    containers not requiring accompanying documents
COMMUNITIES,                                                      and the method of closing such containers, poses
                                                                  problems for the two new Member States concerned
Having regard to the Treaty establishing the European             in that those responsible for putting up have not yet
Economic Community ;                                              been able to complete the necessary technical modifi­
                                                                  cations ; whereas provision should be made in respect
Having regard to the Treaty ( !) concerning the Acces­            of those two Member States for an exemption of suffi­
sion of new Member States to the European Economic                cient duration ; whereas in order to avoid causing diffi­
Community and the European Atomic Energy                          culties in trade within the Community such exemp­
Community, signed at Brussels on 22 January 1972,                 tion should be so limited as to apply only within the
and in particular Article 63 of the Act (2) annexed               territories of the two States in question ;
thereto ;
                                                                  Whereas those concerned have not been able since
Whereas, pursuant to the second indent of the first               the expiry of the exemptions to comply even in part
subparagraph of Article 1 3 (2) of Commission Regula­             with the relevant provisions of the Regulation ;
tion (EEC) No 1769/72 (3) of 26 July 1972 drawing up              whereas provision should therefore made for this
accompanying documents and determining the obliga­                Regulation to apply, to an appropriate extent, with
tions of wine producers and traders other than                    retrospective effect ;
retailers, as last amended by Regulation (EEC) No
374/74 (4), Member States may provided that the
accompanying document shall not be required in the                Whereas the measures provided for this Regulation
case' of grape juice, wine or wine vinegar put up in              are in accordance with the Opinion of the Manage­
labelled containers of a capacity not exceeding five              ment Committee for Wine,
litres, provided that the closing devices of such
containers have been approved by a competent                      HAS ADOPTED THIS REGULATION :
agency, are of a non-reusable design and bear the
name and address or code number of the firm respon­
sible for such putting up ; whereas Commission Regu­
lation (EEC) No 2098 /73 (5) of 31 July 1973 providing                                     Article 1
for a temporary derogation from Regulation (EEC) No
 1769/72 provided that, until 1 March 1974, wines may
circulate in Ireland and the United Kingdom even                  Until 31 January 1975, the United Kingdom and
though they do not comply with the abovementioned                  Ireland may authorize the movement within their terri­
 provisions concerning closing devices ;                           tories without an accompanying document of
                                                                   products as specified in the second indent of the first
Whereas the first paragraph of Article 1 of Commis­                subparagraph of Article 13(2) of Regulation (EEC) No
sion Regulation (EEC) No 930/73 (6) of 3 April 1973                1769/72 put up in containers of a* capacity not
temporarily suspending the application in the new                  exceeding 45 litres, even though the closing devices of
Member States of certain provisions of Regulation                  such containers do not satisfy the provisions of that
(EEC) No 1769/72 on accompanying documents and                    Article as regards the name and address or code
 records for products in the wine sector provided that             number of the firm responsible for such putting up.
 the system of accompanying documents was, in
 respect of consignments despatched from the territory
 of a new Member State, to apply with effect from 1
 September 1973 only ;                                                                     Article 2
 Whereas the entry into force of Community provi­                  This Regulation shall enter into force on the third day
 sions, particularly those relating to the capacity of             following its publication in the Official Journal of
                                                                    the European Communities.
 (') OJ No L 73, 27. 3 . 1972, p. 5 .
 (2) OJ No L 73, 27. 3 . 1972, p. 14.
 (3) OJ No L 191 , 21 . 8 . 1972, p. 1 .                           It shall apply as regards the capacity of containers
 (v) OJ No L 42, 14. 2. 1974, p. 5.
 (5) OJ No L 212, 1 . 8 . 1973, p. 55.                             with effect from 1 September 1973 and as regards
 (*) OJ No L 90, 6. 4. 1973, p. 23.                                closing devices with effect from 1 March 1974.
 ---pagebreak--- 14. 5 . 74                    Official Journal of the European Communities                      No L 131 / 15
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 13 May 1974.
                                                                  For the Commission
                                                                      The President
                                                                 Francois-Xavier ORTOLI