31970R1022

Official Journal of the European Communities 31

No L 118/20 Official Journal , of the European Communities 1.6.70

REGULATION (EEC) No 1022/70 OF THE COMMISSION of 29 May 1970 introducing accompanying certificates for certain wines for a transitional period

THE COMMISSION OF THE EUROPEAN COMMUNI­ tion of an accompanying certificate for quality wines TIES , p.s.r. can therefore be dispensed with ;

Having regard to the Treaty establishing the European Whereas it is also necessary, from now on, to adhere to Economic Community ; the principle of prohibiting the coupage of an imported wine with a wine produced within the Community or Having regard to Council Regulation (EEC) N0 8I6/7O1 coupage between imported wines ; whereas the best way of 28 April 1970 laying, down additional provisions for of achieving this is to make it compulsory to produce a the common organization 1 of the market in wine, and in document accompanying the imported wine when it is particular Articles 35 and 37 thereof; re-exported to another Member State specifying, on the one hand, that the provisions of Article 28(1 ) (a) of Having regard to Council Regulation (EEC) No 817/702 Regulation (EEC) No 816/70 have been observed and, of 28 April 1970 laying down special provisions relat­ on the other, that the wine in question has not been sub­ ing to quality wines produced in specified regions , and in jected to coupage; whereas, however, account should be particular Article 1 7 thereof; \ taken of the exceptions provided for in . Commission Regulation (EEC) No 1021/704 of 29 May 1970 author­ Whereas Article 29(1) of Regulation (EEC) No 816/70 izing coupage between imported wines ; provides that a number of products in the wine sector may be put into circulation within the Community only Whereas , for that purpose, Member States should take with an officially checked accompanying document ; all necessary measures to ensure that the statements whereas , to apply such provisions, a certain period of appearing in the certificates are correct ; time is needed to set up the machinery for issuing and controlling those documents ; whereas, until then, provi­ Whereas , furthermore, wines which do not meet the re­ sion must be made to exclude from intra-Community quirements of Article 27 ( 2) and Article 28 ( 1 ) (a) of trade wines originating in the Community which are not Regulation (EEC) No 816/70 may not be offered for recognized to be of sound and fair marketable quality by direct human consumption ; whereas it is necessary to the producer Member State and do not meet the require­ provide appropriate measures which ensure that they are ments laid down in Article 27(2) of Regulation (EEC) put to the uses which are open to them ; No 816/70; whereas to that end it is necessary, for a transitional period, to provide for a movement certificate Whereas the measures provided for in this Regulation valid solely for trade between the Member States ; are in accordance with the Opinion of the Management Committee for Wine, Whereas, however, such a measure is needed only to facilitate the application of Article 27 (2) of Regulation HAS ADOPTED THIS REGULATION : (EEC) No 816/ 70 ; whereas liqueur wines, sparkling wines and semi-sparkling wines can therefore be exclu­ Article 1 ded; whereas, until the list of quality wines p.s.r. referred to in Article 5(3) of Regulation (EEC) No 817/70 is 1 . With the exception of: drawn up, reference may be made to the definitions given (a) liqueur wines in Article 3 of the Council Decision 3 concerning the fix­ (b) sparkling wines and ing of import quotas which the Federal Republic of Germany , the French Republic and the Italian Republic (c) semi-sparkling wines must open for wine; whereas most of those definitions require a certificate to be produced ; whereas the produc­ no wine intended for direct human consumption may be traded between Member States except with an accom­ panying certificate. 1 OJ No L 99, 5.5.1970, p.l . 2 OJ No L 99, 5.5.1970, p. 20. 3 OJ No 30, 20.4.1962, p. 1002/62 . 4 OJ No L 118, 1.6.1970, p.19.

32 Official Journal of the European Communities

2. By way of derogation from paragraph 1 , quality nation carried out in a laboratory or an official institute wines p.s.r. may be traded between Member States only or an institute acting under the supervision of the pro­ if the wine in question fulfils the conditions laid down in ducer Member State, that the wine in question is of Article 3 of the Council Decision concerning the fixing sound and fair marketable quality and, moreover, meets of import quotas which the Federal Republic of Ger­ the requirements of Article 27(2)(a) or (b) of Regulation many , the French Republic and the Italian Republic (EEC) No 816/70. must open for wine. Article 6 For the purpose of this Regulation any wine which meets 1 . Where a wine originating in the Community is dis­ those conditions shall be considered as quality wine patched from a Member State (hereinafter called the p.s.r. 'dispatching Member State') other than the producer Member State, the competent authority of the dispatch­ 3 . Paragraph 1 shall not apply to quantities of less than ing Member State shall issue a white accompanying cer­ 50 litres . tificate only when it is satisfied that the wine in question : Articles (a) will be forwarded unaltered or 1 . The colour of the accompanying certificate for wine (b) is the result of a coupage of wines originating in the originating in the Community shall be white. Community .

The colour of the accompanying certificate for wine 2 . In the case referred to in paragraph 1(a), the compe­ originating outside the Community shall be red. tent authority of the dispatching Member State need only authenticate the white certificate accompanying the wine 2. Each certificate shall bear a serial number. when it enters the territory of the Member State con­ cerned . A rticle 3 1 . The accompanying certificates shall be drawn up in 3 . In the case referred to in paragraph 1(b) the compe­ triplicate on the form set out : tent authority of the dispatching Member State shall issue the certificate on the basis of the white certificate (a) in Annex I as regards wines originating in the Com­ accompanying each of the wines used in the coupage munity ; when they entered the territory of the Member State con­ (b) in Annex II as regards wines originating outside the cerned . Community . A rticle 7 2. The original certificate and copies thereof shall be 1 . The red accompanying certificate shall be issued by completed at one and the same time, using carbon paper, the competent authority of the Member State from whose and shall be either typewritten or written by hand. In the territory the wine in question is dispatched to the terri­ latter case, they shall be completed in capital letters . tory of another Member State. 3 . One copy of the certificate shall be retained by the Such authority shall issue the accompanying certificate competent authority that issued it. Another copy shall be only when it is satisfied that the wine in question meets forwarded by the issuing authority to the competent au­ the requirements of Article 28(1 ) (a) of Regulation thority of the Member State into whose territory the wine (EEC) No 816/70. is imported. The third copy shall accompany the wine up to the stage specified - by the provisions of the latter Member State . 2 . Except where a wine is fowarded to a Member State in which the coupage of wines originating outside the Article 4 Community is authorized in accordance with Regulation (EEC) No 1021/70, Member States shall take all neces­ 1 . The accompanying certificate shall be issued by a sary measures to ensure that the wine dispatched : competent authority appointed by each Member State. Subject to compliance with the following Articles , it (a) is identical to the product imported under the des­ shall be issued to any applicant . cription in question and (b) has not been subjected to a coupage on their terri­ 2. To be valid, the certificate must be completed in full. tory .

Articles Articles 1 . The white accompanying certificate shall be issued by With regard to intra-Community trade in wines : the pompetent authority of the Member State in whose (a) declaration T 2 referred to in Article 39 of Council territory the wine was produced (hereinafter called the ' producer Member State'). Regulation (EEC) No 542/69 1 of 18 March 1969

2. The authority shall issue the certificate only when it is satisfied, after an analytical and organoleptic exami­ 1 OJ No L 77, 29.3.1969, p. 1 .

Official Journal of the European Communities 33

on Community transit, or, as the case may be, docu­ 2 . Member States shall subject wines originating in the ment T 2 L referred to in Article 1 of Commission Community and not approved for direct human con­ Regulation (EEC) No 2313/69 1 of 19 November sumption to the control referred to in paragraph 1 when 1969 on the internal Community transit document they are traded between Member States . issued for the purpose of substantiating the Commu­ nity nature of goods , shall include in Section 31 , in an official language of the dispatching Member State Article 10 one of the following statements : 1 . Each Member State shall inform the Commission of - admis a la consommation humaine directe' the name and address of the competent authority issuing zum unmittelbaren menschlichen Verbrauch zu­ the accompanying certificates . gelassen' The Commission shall inform the other Member States ammesso al consumo diretto delle persone' thereof. 'toegelaten voor rechtstreekse menselijke con­ sumptie' 2. Each Member State shall inform the Commission of (for direct human consumption); or the measures taken under Article 7(2) of this Regulation. - non admis à la consommation humaine directe' ' zum unmittelbaren menschlichen Verbrauch Article 11 nicht zugelassen' 1 . Until detailed rules for application of Article 29 of 'non ammesso al consumo diretto delle persone Regulation (EEC) No 816/70 take effect, obligations niet toegelaten voor rechtstreekse menselijke con­ arising from that Article shall be suspended. sumptie' 2. Subject to the provisions of this Regulation, national (not for direct human consumption). rules shall apply to the control of the movement of wines within the territory of a Member State. (b) Where Article 41(2) of Regulation (EEC) No 542/ . 69 is applied, the copy of the national export docu­ • ment shall include one of the statements shown under (a). Article 12 1 . This Regulation shall enter into force on 1 June 1970. Article 9 1 . Member States shall subject wines originating outside 2 . The provisions of this Regulation shall be applicable the Community and not approved for direct human con­ until such time as detailed rules for applying Article 29 sumption to a customs control, or equivalent administra­ of Regulation (EEC) No 816/ 70 take effect and not later tive control, to ensure that they are used as stated. than 3 1 December 1970 .

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels , 29 May 1970.

For the Commission The President Jean REY

1 OJ No L 295 , 24.1 1.1969, p. 8.

34 Official Journal of the European Communities

ANNEX I

EUROPEAN COMMUNITIES COMMON ORGANIZATION OF THE MARKET IN WINE

ACCOMPANYING CERTIFICATE No

WINES ORIGINATING IN THE COMMUNITY

Issuing Authority . (full address)

Consignor : Surname Forename

Address Consignee : Surname Forename

Address Description of the goods : Colour :

Alcoholic strength : actual , Total (to ij 10 of a degree)

Total acidity

Description of consignment : Nature of containers : Number ......

Total volume It is hereby certified that the abovementioned product is of sound and fair marketable quality and has been produced accordance with— ^ reqUjrements 0f Article 27 (2) of Regulation (EEC) No 816/70. from wines meeting

Stamp of issuing authority

Date Signature

1 Delete as necessary .

Official Journal of the European Communities 35

ANNEX II

EUROPEAN COMMUNITIES COMMON ORGANIZATION OF THE MARKET IN WINE

ACCOMPANYING CERTIFICATE No

WINES ORIGINATING OUTSIDE THE COMMUNITY

Issuing authority : ( full address) Third country in wh'ch the wine was produced ' . from which the wine was imported x Consignor : Surname Forename

Address Consignee : Surname Forename Address

Description of the goods :

Colour : Alcoholic strength : actual Total •( to 1 / 10 of a degree)

Total acidity : Description of the consignment :

Nature of containers Number Total volume It is hereby certified that the above mentioned product meets the requirements of Article 28 ( 1 ) ( a) of Regulation (EEC) No 816/70 and h^n ^Tbeen the'subjcet a coupage within the Community.

Stamp of issuing authority :

Date Signature

1 Delete as necessary .