CELEX: 31976R0922
Language: en
Date: 1976-04-22 00:00:00
Title: Commission Regulation (EEC) No 922/76 of 22 April 1976 amending Regulation (EEC) No 438/71 laying down conditions for obtaining export refunds on wine

No L 106/ 12                              Official Journal of the European Communities                                23 . 4. 76
                                       COMMISSION REGULATION (EEC) No 922/76
                                                         of 22 April 1976
                amending Regulation (EEC) No 438/71 laying down conditions for obtaining
                                                      export refunds on wine
THE COMMISSION OF THE EUROPEAN                                       difficulties, particularly as regards the production of
COMMUNITIES,                                                         some of the documentary evidence ; whereas, in order
                                                                     to allow a final assessment of these provisions to be
Having regard to the Treaty establishing the European                made, they should therefore only apply until 30
Economic Community,                                                  September 1976 ;
Having regard to Council Regulation (EEC) No                         Whereas the measures provided for in this Regulation
816/70 of 28 April 1970 laying down additional provi­                are in accordance with the opinion of the Manage­
sions for the common organization of the market in                   ment Committee for Wine ,
wine ( ! ), as last amended by Regulation (EEC) No
1932/75 (2), and in particular Article 10 (4) thereof,
Having regard to Council Regulation (EEC) No                         HAS ADOPTED THIS REGULATION :
957/70 of 26 May 1970 laying down general rules for
granting export refunds on wine and criteria for fixing
the amount of such refunds (3), and in particular                                                Article 1
Article 6 (3) thereof,
                                                                     Article 1 ( 1 ) of Regulation (EEC) No 438 /71 is hereby
Whereas Article 1 of Commission Regulation (EEC)                     amended to read as follows :
No 438 /71 of 26 February 1971 (4) provides that the
granting of refunds shall be conditional upon proof                       ' 1 . The granting of refunds shall be conditional
that certain documents were issued by a tasting                           upon proof that the table wines exported :
committee recognized by the producer Member State
and by an official authority of the producer Member                       — have been approved by a tasting committee
State ;                                                                        recognized by the exporting Member State ;
                                                                               where this Member State is not the producer,
Whereas, in order to facilitate exports of table wines                         proof must also be supplied that the wine
to non-member countries, the provisions of this Regu­                          exported is a Community table wine,
lation should be extended to apply to non-producer                        — were accompanied on export by an analysis
Member States and new quality controls should be
added ;
                                                                               certificate issued by an official authority of the
                                                                               producer Member State or the exporting
Whereas, in order to obtain an export refund, an                               Member State certifying that they meet the
                                                                               Community quality standards for table wines
exporter must supply the relevant documentary
                                                                               or, failing this, that they meet the standards
evidence ; whereas, for this purpose, he should indi­
cate inter alia the numbers and dates of the accom­                            applied by the exporting Member State at
                                                                                national level .
panying documents required by Commission Regula­
tion (EEC) No 1153/75 of 30 April 1975 prescribing
the form of the accompanying documents for wine                            The certificate shall include at least the following
 products and specifying the obligations of wine                           particulars :
 producers and traders other than retailers (5) ; whereas,                 — colour,
 however, Member States may provide under Article 13
(2) thereof that no accompanying document shall be                         — total alcoholic strength,
 required for certain products in certain cases ;                          — actual alcoholic strength,
 whereas, if the aims of Regulation (EEC) No 438 /71
 are to be achieved, the application of that provision                     — total acidity.
 must be limited ;
                                                                           The exporter shall also indicate :
 Whereas extending Regulation (EEC) No 438 /71 to                          (a) for table wines of types A II and A III, the
 apply to non-producer Member States may give rise to                           varieties of wine ,
(•) OJ   No   L 99 , 5 . 5 . 1970, p. 1 .                                  (b) for wines resulting from coupage, the origin
(2) OJ   No   L 198 , 29 . 7 . 1975, p. 19 .                                    and quantities of the wines employed,
(3) OJ   No   L 115, 28 . 5 . 1970 , p. 1 .
(«) OJ    No  L 48 , 27. 2. 1971 , p. 76.                                  (c) the numbers and dates of the accompanying
(5) OJ    No  L 113, 1 . 5 . 1975, p. 1 .                                       documents .
 ---pagebreak--- 23 . 4. 76                          Official Journal of the European Communities                       No L 106/ 13
     Member States may prescribe that the approval                Member States may not avail themselves of the
     referred to in the first indent of the first subpara­        provisions of Article 13 (2) of Regulation (EEC)
     graph should be given by competent regional                  No 1153/75.'
     committees which must certify that the wines in
     question have the quality characteristics of table                               Article J
     wines of the production regions from which they
     come.'                                                   The following subparagraph is hereby added to Article
                                                              2 of Regulation (EEC) No 438/71 :
                        Article 2                                 'It shall apply until 30 September 1976.'
The following paragraph is hereby added to Article 1                                  Article 4
of Regulation (EEC) No 438/71 :                               This Regulation shall enter into force on the third day
     '3. For the purpose of applying point (c) of the         following its publication in the Official Journal of
     second subparagraph of paragraph 1 , the exporting       the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 22 April 1976.
                                                                        For the Commission
                                                                           P.J. LARDINOIS
                                                                    Member of the Commission