31974R2185

22 . 8 . 74 Official Journal of the European Communities No L 231 / 7

REGULATION ( EEC) No 2185 /74 OF THE COMMISSION of 20 August 1974 providing for a temporary derogation from Regulation (EEC) No 1769/72 concerning the accompanying document in the wine sector

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

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

Having regard to Council Regulation (EEC) No 1 . Member States may, by way of derogation from 816/70 ( ! ) of 28 April 1970 laying down additional Regulation (EEC) No 1769/72, provide that the accom­ provisions for the common organization of the market panying document shall not be required for the in wine, as last amended by Regulation (EEC) No carriage from the vineyard by the grower of his own 1 532/74 (2), and in particular Article 29 (3) thereof ; grapes, whether or not crushed, provided that

— the grapes are not transported to the grower's own Whereas Commission Regulation (EEC) No wine-making plant or to a plant belonging to a 1 769/72 (3) of 26 July 1972 drawing up accompanying group of which .he is a member, documents and determining the obligations of wine producers and traders other than retailers, as last — the grapes are not transported by the consignee, amended by Regulation (EEC) No 374/74 (4), intro­ — the total distance, being a distance by road, over duced a system of accompanying documents which which the grapes are carried does not exceed 40 makes provision for certain exemptions ; km , Whereas some grape producers encounter difficulties — the entire transport operation takes place within a in "drawing up the accompanying document in the single wine-growing zone . case of the carriage of grapes ; whereas they should therefore be exempted from the obligation to draw up 2 . In cases coming within paragraph 1 the this document ; consignee shall draw up an accompanying document immediately on taking possession of the grapes. Whereas to facilitate control such exemption should apply only in respect of carriage over a short distance within a single wine-growing zone effected by the producer or on his instructions, and provided that the Article 2 accompanying document is drawn up subsequently by the consignee ; Member States may, by way of derogation from Regula­ tion (EEC) No 1769/72, provide that the accom­ Whereas in certain areas of the Community grape panying document not to be drawn up for the trans­ must in fermentation is marketed in small containers portation of grape must in fermentation , provided that for direct human consumption ; whereas, since this the product trade occurs only at harvest time and the total quanti­ ties involved are small , it is desirable to facilitate sales — is intended for direct human consumption , in containers of a capacity not exceeding 25 1 by — is transported in containers of a capacity not waiving the requirement as to the accompanying docu­ ment ; exceeding 25 1, — is to be delivered to the consumer, or to a retailer, Whereas this Regulation should apply only for such restaurant or similar establishment . period of time as is necessary to see how these exemp­ tions operate in practice ;

Article 3 Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ ment Committee for Wine , This Regulation shall enter into force on the third day following its publication in the Official Journal of (') OJ No L 99 , 5 . 5 . 1970 , p. 1 . the European Communities. (2 ) OJ No L 166, 21 , 6 . 1974, p. 1 . (3 ) OJ No L 191 , 21 . 8 . 1972, p. 1 . (4) OJ No L 42, 14. 2 . 1974; p. 5 . It shall apply until 31 December 1974.

No L 231 / 8 Official Journal of the European Communities 22 . 8 . 74

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

Done at Brussels, 20 August 1974. For the Commission The President

Francois-Xavier ORTOLI