31974R1809

No L 188 / 36 Official Journal of the European Communities 12 . 7 . 74

REGULATION ( EEC) No 1809/74 OF THE COMMISSION of 9 July 1974 amending Regulation ( EEC) No 1770/72 on detailed rules of application relating to the additional conditions with which imported wines for direct human consumption have to comply

THE COMMISSION OF THE EUROPEAN the wine in question is not intended to be marketed COMMUNITIES , in the normal way ;

Having regard to the Treaty establishing the European Whereas the measures provided for in this Regulation Economic Community ; are in accordance with the Opinion of the Manage­ ment Committee for Wines , Having regard to Council Regulation ( EEC) No 8 1 6 / 70 ( 1 ) of 28 April 1970 laying down additional provisions for the common organization of the market in wine , as last amended by Regulation ( EEC) No HAS ADOPTED THIS REGULATION : 2592/73 (2 ), and in particular Article 28 (5) thereof ;

Whereas Commission Regulation ( EEC) No 1 770 /72 ( 3) of 2 August 1972 on detailed rules of appli­ Article 1 cation relating to the additional conditions with which imported wines for direct human consumption The text of Article 9 of Regulation ( EEC) No 1770/72 have to comply, as last amended by Regulation (EEC) is replaced by the following : No 2865/73 (4 ), provides in particular that each consignment of wine imported into the Community ' 1 . The provisions of this Regulation shall not must be accompanied by a document ; apply :

Whereas the requirement of such a document for (a) to quantities of wine of fifteen litres or less : small consignments involves more burdens than bene­ fits, for the cost in the exporting country of issuing — consisting of consignments of commercial the documents in question is out of all proportion to samples to be distributed free of charge ; the advantages to be gained from exporting to the — carried in the luggage of tourists ; Community ; whereas the same applies with regard to the checks to be carried out within the Community ; — sent in small consignments to private indi­ whereas in view of the tiny quantities involved there viduals where such quantities are obviously would seem to be little risk , as a result of importers intended for the personal or family failing to comply with Council Regulation (EEC) No consumption of the persons concerned ; 1599 / 71 ( 5 ) of 20 July 1971 laying down additional conditions with which imported wines for direct (b) to wine forming part of the belongings of indi­ human consumption have to comply, to the attain­ viduals who are moving house ; ment of the objectives set out by the same Regula­ (c) to wine imported for trade fairs under the rele­ tion ; whereas the said Regulation (EEC) No 1599 /71 vant customs arrangements , provided that the should therefore be applied only where imports from wine concerned is put up in containers of a a third country exceed 500 hi per year ; capacity not exceeding two litres ; 3 Whereas, however, to avoid deflection of trade (d) to quantities of wine imported for experi­ through other, non-producing, third countries, this mental purposes of a scientific or technical exemption should apply only in respect of producing nature (subject to a maximum of 1 hi per countries in which the wine originates ; whereas, more­ consignment). over, since an idea of the quantities imported can be obtained only after the event, exemption should be (e) until 31 December 1974 to imported wines limited to a period sufficient to enable the trend in intended for direct human consumption put imports to be observed ; up in containers of a capacity not exceeding two litres and originating in and coming from Whereas provision should also be made for cases the third countries listed in Annex IV to this where no document is required because for example Regulation ; ') OJ No L 99 , 5 . 5 . 1970 , p. 1 . (f) to wine intended for and sent directly to diplo­ 2 ) OJ No L 269 , 26 . 9 . 1973 , p. 1 . matic , consular or similar establishments and 3 ) OJ No L 191 , 21 . 8 . 1972, p. 31 . 4 ) OJ No L 295, 23 . 10 . 1973 , p. 8 . imported in accordance with the exemption 5 ) OJ No L 168 , 27 . 7 . 1971 , p. 3 . which has been granted to them .

12 . 7 . 74 Official Journal of the European Communities No L 188 / 37

(g) to wine held on board international means of Article 2 transport as victualling supplies. The Regulation (EEC) No 1770/72 is completed by 2. Nothing in the provisions of this Regulation the Annex IV, the text of which appears in the Annex shall effect the operation of the arrangements of this Regulation . applicable to persons living in frontier zones. Article 3 This Regulation shall enter into force on the third day 3 . Member States shall take all appropriate following its publication in the Official Journal of measures to ensure verification of the destination the European Communities. of the wine specified in paragraph 1 '. It shall apply from 1 August 1974.

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

Done at Brussels, 9 July 1974. For the Commission The President Francois-Xavier ORTOLI

ANNEX

ANNEX IV

— Brazil — Canada — United States — Iran — Lebanon — The People 's Republic of China — Taiwan — USSR