31976R0922

No L 106/ 12 23 . 4. 76 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 922/76 of 22 April 1976 amending Regulation (EEC) No 438/71 laying down conditions for obtaining export refunds on wine

THE COMMISSION OF THE EUROPEAN difficulties, particularly as regards the production of COMMUNITIES, some of the documentary evidence ; whereas, in order to allow a final assessment of these provisions to be Having regard to the Treaty establishing the European made, they should therefore only apply until 30 Economic Community, September 1976 ;

Having regard to Council Regulation (EEC) No Whereas the measures provided for in this Regulation 816/70 of 28 April 1970 laying down additional provi­ are in accordance with the opinion of the Manage­ sions for the common organization of the market in ment Committee for Wine , wine ( ! ), as last amended by Regulation (EEC) No 1932/75 (2), and in particular Article 10 (4) thereof,

Having regard to Council Regulation (EEC) No HAS ADOPTED THIS REGULATION : 957/70 of 26 May 1970 laying down general rules for granting export refunds on wine and criteria for fixing the amount of such refunds (3), and in particular Article 1 Article 6 (3) thereof, Article 1 ( 1 ) of Regulation (EEC) No 438 /71 is hereby Whereas Article 1 of Commission Regulation (EEC) amended to read as follows : No 438 /71 of 26 February 1971 (4) provides that the granting of refunds shall be conditional upon proof ' 1 . The granting of refunds shall be conditional that certain documents were issued by a tasting upon proof that the table wines exported : committee recognized by the producer Member State and by an official authority of the producer Member — have been approved by a tasting committee State ; recognized by the exporting Member State ; where this Member State is not the producer, Whereas, in order to facilitate exports of table wines proof must also be supplied that the wine to non-member countries, the provisions of this Regu­ exported is a Community table wine, lation should be extended to apply to non-producer — were accompanied on export by an analysis Member States and new quality controls should be certificate issued by an official authority of the added ; producer Member State or the exporting Member State certifying that they meet the Whereas, in order to obtain an export refund, an Community quality standards for table wines exporter must supply the relevant documentary or, failing this, that they meet the standards evidence ; whereas, for this purpose, he should indi­ applied by the exporting Member State at cate inter alia the numbers and dates of the accom­ national level . panying documents required by Commission Regula­ tion (EEC) No 1153/75 of 30 April 1975 prescribing The certificate shall include at least the following the form of the accompanying documents for wine particulars : products and specifying the obligations of wine producers and traders other than retailers (5) ; whereas, — colour, however, Member States may provide under Article 13 — total alcoholic strength, (2) thereof that no accompanying document shall be required for certain products in certain cases ; — actual alcoholic strength , whereas, if the aims of Regulation (EEC) No 438 /71 — total acidity. are to be achieved, the application of that provision must be limited ; The exporter shall also indicate : Whereas extending Regulation (EEC) No 438 /71 to (a) for table wines of types A II and A III, the apply to non-producer Member States may give rise to varieties of wine , (•) OJ No L 99 , 5 . 5 . 1970, p. 1 . (b) for wines resulting from coupage, the origin (2) OJ No L 198 , 29 . 7 . 1975, p. 19 . and quantities of the wines employed, (3) OJ No L 115, 28 . 5 . 1970 , p. 1 . («) OJ No L 48 , 27. 2. 1971 , p. 76. (c) the numbers and dates of the accompanying (5) OJ No L 113, 1 . 5 . 1975, p. 1 . documents .

23 . 4. 76 No L 106/ 13 Official Journal of the European Communities

Member States may prescribe that the approval Member States may not avail themselves of the referred to in the first indent of the first subpara­ provisions of Article 13 (2) of Regulation (EEC) graph should be given by competent regional No 1153/75.' committees which must certify that the wines in Article J question have the quality characteristics of table wines of the production regions from which they The following subparagraph is hereby added to Article come.' 2 of Regulation (EEC) No 438/71 : Article 2 'It shall apply until 30 September 1976.'

Article 4 The following paragraph is hereby added to Article 1 of Regulation (EEC) No 438/71 : This Regulation shall enter into force on the third day '3. For the purpose of applying point (c) of the following its publication in the Official Journal of second subparagraph of paragraph 1 , the exporting the European Communities.

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

Done at Brussels, 22 April 1976. For the Commission

P.J. LARDINOIS Member of the Commission