31974R1199

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 ment Committee for Wine, labelled containers of a capacity not exceeding five 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.

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