Commission Regulation (EEC) No 408/76 of 23 February 1976 amending, as regards the net weight of raw tobacco, Regulation (EEC) No 1726/70 on the procedure for granting the premium for leaf tobacco and Regulation (EEC) No 1727/70 on intervention procedure for raw tobacco

COMMISSION REGULATION (EEC) No 408/76  of 23 February 1976  amending, as regards the net weight of raw tobacco, Regulation (EEC) No 1726/70 on the procedure for granting the premium for leaf tobacco and Regulation (EEC) No 1727/70 on intervention procedure for raw tobacco
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 727/70 of 21 April 1970 on the common organization of the market in raw tobacco (1), as last amended by the Act of Accession (2), and in particular the first subparagraph of Article 3 (3) and Articles 5 (6), 6 (10) and 15 thereof,
Whereas Commission Regulation (EEC) No 1726/70 of 25 August 1970 on the procedure for granting the premium for leaf tobacco (3), as last amended by Regulation (EEC) No 1353/75 (4), provides that the premium for leaf tobacco is to be paid for a quantity of tobacco expressed in terms of net weight ; whereas such net weight is established in respect of the reference moisture contents laid down in Annex IV to Commission Regulation (EEC) No 1727/70 of 25 August 1970 on intervention procedure for raw tobacco (5), as last amended by Regulation (EEC) No 1354/75 (6) ; whereas, in addition, Article 5 of Regulation (EEC) No 1727/70 provides that the price paid by the intervention agency is to be calculated on the net weight of the tobacco;
Whereas, to ensure uniform application of Community rules, the moisture contents should be determined by a Community method at the time of checking weight when the tobacco leaves the place in which it came under supervision having undergone first processing and market preparation and again at the time when it is bought in for intervention purposes;
Whereas Regulations (EEC) No 1726/70 and (EEC) No 1727/70 should be amended accordingly;
Whereas, however, during other operations to determine the net weight, Member States should be authorized to use other methods to determine the moisture content provided they inform the Commission thereof ; whereas, when this happens, the advance paid on the total amount of the premium should be limited;
Whereas, if the actual moisture contents of the tobacco in respect of which the premium is applied for differs by more than 1 % from the reference moisture contents, a corresponding adjustment should be made in the net weight;
Whereas to clarify Community rules the net weight of the tobacco in respect of which a premium is applied for should be distinguished from the net weight of the tobacco offered for intervention;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Raw Tobacco,