31973R2340

30 . 8 . 73 No L 242/ 13 Official Journal of the European Communities

REGULATION ( EEC) No 2340/73 OF THE COMMISSION

of 29 August 1973

amending Regulation (EEC) No 1769/72 drawing up accompanying documents and determining the obligations of wine producers and traders other than retailers

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community ; Article 1

Having regard to Council Regulation (EEC) No 816/70 (') of 28 April 1970 laying down additional The first subparagraph of Article 13 (2) of the Regula­ provisions for the common organization of the market tion (EEC) No 1769/72 is replaced by the following in wine, as last amended by Regulation (EEC) No text : 2680/72 (2 ), and in particular Articles 29 (3) and 35 thereof ; 42. Member States may provide that the accom­ panying document shall not be established : Whereas the first subparagraph of Article 13 (2) of Commission Regulation ( EEC) No 1 769/72 (3) of 26 — for the transportation of grape juice, or wine July 1972 drawing up accompanying documents and vinegar put up in non-returnable containers determining the obligations of wine producers and with a capacity not exceeding 5 litres, labelled traders other than retailers, as last amended by Regula­ and with a closing device approved by a tion (EEC) No 1 98 /73 (4), allows Member States to competent agency ; provide that the accompanying document shall not be required in the case of grape juice, wine or wine — for the transportation of wine put up in non-re­ vinegar put up in labelled containers of a capacity not turnable containers with a capacity not exceeding 5 litres, provided that the closing devices of exceeding 5 litres, labelled and with a closing such containers have been approved by a competent device approved by a competent agency and agency, are not suitable for re-use and bear the name bearing the name and address or code number and address or code number of the bottler ; of the organization responsible for putting up.

Whereas it has become evident that this provision for grape juice and wine vinegar concerning the closing Each Member State shall supply the Commission devices has entailed an expense for the parties with a detailed description of the approved closing concerned which cannot be justified by the value of devices .' the products in question ; whereas it is necessary to exempt these products from this provision ;

Whereas according to Article 13 (3) of the same Regu­ lation , the accompanying document may be dispensed Article 2 with for the transportation of grapes whether or not crushed or of grape must when the products are trans­ ported from the producer to his wine-making plant or Paragraph 3 of Article 13 of Regulation (EEC) No to the wine-making establishment of which he is a 1769/72 is replaced by the following text : member in the case of a group of producers ; whereas to avoid any discrimination it is necessary to clarify this text ; '3 . The accompanying document may be dispensed with for the transportation o^ grapes

whether or not crushed or of grape must when the Whereas the measures provided for in this Regulation transportation has been effected from the vineyard are in accordance with the Opinion of the Manage­ or from another plant belonging to the producer ment Committee for Wines ; of the grapes, who himself has obtained the products specified above to (') OJ No L 99 , 5 . 5 . 1970, p . 1 . (2 ) OJ No L 289 , 27 . 12 . 1972, p . 1 — his wine-making plant in the case of the single (3 ) OJ No L 191 , 21 . S. 1972, p . 1 . (4 ) O J No L 23 , 29 . I. 1 973 , p . 3 . producer

No L 242/ 14 Official Journal of the European Communities 30 . 8 . 73

Article 3 — or the wine-making establishment of which he is a Member in the case of a group of producers . This Regulation shall enter into force on the third day Member States shall determine the cases where an following its publication in the Official Journal of accompanying document shall be drawn up.' the European Communities.

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

Done at Brussels 29 August 1973 .

For the Commission

The President

François-Xavier ORTOLI