Avis juridique important

Commission Regulation (EEC) No 1619/81 of 17 June 1981 amending for the second time Regulation (EEC) No 3002/76 laying down detailed rules for export refunds in the wine sector Official Journal L 160 , 18/06/1981 P. 0019

**** ( 1 ) OJ NO L 54 , 5 . 3 . 1979 , P . 1 . ( 2 ) OJ NO L 360 , 31 . 12 . 1980 , P . 18 . ( 3 ) OJ NO L 342 , 11 . 12 . 1976 , P . 18 . ( 4 ) OJ NO L 320 , 15 . 12 . 1979 , P . 49 . ( 5 ) OJ NO L 317 , 12 . 12 . 1979 , P . 1 . ( 6 ) OJ NO L 363 , 31 . 12 . 1980 , P . 71 . ( 7 ) OJ NO L 62 , 7 . 3 . 1980 , P . 5 . COMMISSION REGULATION ( EEC ) NO 1619/81 OF 17 JUNE 1981 AMENDING FOR THE SECOND TIME REGULATION ( EEC ) NO 3002/76 LAYING DOWN DETAILED RULES FOR EXPORT REFUNDS IN THE WINE SECTOR THE COMMISSION OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 337/79 OF 5 FEBRUARY 1979 ON THE COMMON ORGANIZATION OF THE MARKET IN WINE ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3456/80 ( 2 ), AND IN PARTICULAR ARTICLE 20 ( 4 ) THEREOF , WHEREAS COMMISSION REGULATION ( EEC ) NO 3002/76 ( 3 ), AS AMENDED BY REGULATION ( EEC ) NO 2828/79 ( 4 ), LAYS DOWN THAT ELIGIBILITY FOR EXPORT REFUNDS IN THE WINE SECTOR IS SUBJECT TO PRODUCTION OF CERTAIN PROOF ; WHEREAS SUCH PROOF IS ALSO REQUIRED IN RESPECT OF DELIVERIES FOR VICTUALLING SHIPS AND AIRCRAFT QUALIFYING FOR REFUNDS WHILE , ON ACCOUNT OF THE DIFFICULTY IN KNOWING THE DATES OF DELIVERY IN ADVANCE , IT IS NOT ALWAYS EASY TO OBTAIN THE NECESSARY DOCUMENTATION ON TIME , PARTICULARLY IN NON-PRODUCER MEMBER STATES ; WHEREAS PRODUCTION OF THE SAID PROOF CAN THUS REPRESENT A DISPROPORTIONATE BURDEN , COMPARED WITH THE SMALL QUANTITIES OF TABLE WINE WHICH NORMALLY MAKE UP SUCH INDIVIDUAL DELIVERIES , FOR TRADERS WHO DO NOT EMPLOY THE PROCEDURE LAID DOWN IN ARTICLE 26 OF COMMISSION REGULATION ( EEC ) NO 2730/79 ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3476/80 ( 6 ), OR IN COUNCIL REGULATION ( EEC ) NO 565/80 OF 4 MARCH 1980 ON THE ADVANCE PAYMENT OF EXPORT REFUNDS IN RESPECT OF AGRICULTURAL PRODUCTS ( 7 ); WHEREAS , FOR THESE SMALL QUANTITIES , REFERENCE TO THE ACCOMPANYING DOCUMENT MAY BE SUFFICIENT TO SATISFY SUPERVISION REQUIREMENTS ; WHEREAS ARTICLE 2 OF REGULATION ( EEC ) NO 3002/76 SHOULD BE AMENDED ACCORDINGLY ; WHEREAS ON THE OCCASION OF THIS AMENDMENT , THE REFERENCE IN ARTICLE 1A SHOULD BE ADAPTED TO TAKE ACCOUNT OF THE ENTRY INTO FORCE OF REGULATION ( EEC ) NO 2730/79 ; WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR WINE , HAS ADOPTED THIS REGULATION : ARTICLE 1 REGULATION ( EEC ) NO 3002/76 IS HEREBY AMENDED AS FOLLOWS : 1 . ARTICLE 1A IS REPLACED BY THE FOLLOWING : ' ARTICLE 1A EXCEPT FOR DELIVERIES FOR THE SPECIAL DESTINATIONS REFERRED TO IN ARTICLE 5 OF REGULATION ( EEC ) NO 2730/79 , ELIGIBILITY FOR REFUNDS SHALL BE CONDITIONAL ON PRODUCTION OF PROOF THAT THE PRODUCTS HAVE BEEN EXPORTED UNDER AN EXPORT LICENCE . ' 2 . THE FOLLOWING SUBPARAGRAPH IS ADDED TO ARTICLE 2 ( 2 ): ' HOWEVER , THE PROVISIONS OF PARAGRAPH 1 , EXCEPT THOSE IN THE SECOND SUBPARAGRAPH UNDER ( C ), SHALL NOT APPLY IN RESPECT OF TABLE WINE DELIVERIES REFERRED TO IN ARTICLE 5 ( 1 ) ( A ) OF REGULATION ( EEC ) NO 2730/79 AND FOR WHICH THE PROCEDURE REFERRED TO IN ARTICLE 26 OF THE SAID REGULATION OR IN REGULATION ( EEC ) NO 565/80 IS NOT APPLIED . ' ARTICLE 2 THIS REGULATION SHALL ENTER INTO FORCE ON 1 JULY 1981 . IT SHALL APPLY TO ALL DELIVERIES CLEARED THROUGH CUSTOMS ON OR AFTER THE DATE OF ENTRY INTO FORCE OF THIS REGULATION . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 17 JUNE 1981 . FOR THE COMMISSION THE PRESIDENT GASTON THORN

****

( 1 ) OJ NO L 54 , 5 . 3 . 1979 , P . 1 .

( 2 ) OJ NO L 360 , 31 . 12 . 1980 , P . 18 .

( 3 ) OJ NO L 342 , 11 . 12 . 1976 , P . 18 .

( 4 ) OJ NO L 320 , 15 . 12 . 1979 , P . 49 .

( 5 ) OJ NO L 317 , 12 . 12 . 1979 , P . 1 .

( 6 ) OJ NO L 363 , 31 . 12 . 1980 , P . 71 .

( 7 ) OJ NO L 62 , 7 . 3 . 1980 , P . 5 .

COMMISSION REGULATION ( EEC ) NO 1619/81

OF 17 JUNE 1981

AMENDING FOR THE SECOND TIME REGULATION ( EEC ) NO 3002/76 LAYING DOWN DETAILED RULES FOR EXPORT REFUNDS IN THE WINE SECTOR

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 337/79 OF 5 FEBRUARY 1979 ON THE COMMON ORGANIZATION OF THE MARKET IN WINE ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3456/80 ( 2 ), AND IN PARTICULAR ARTICLE 20 ( 4 ) THEREOF ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 3002/76 ( 3 ), AS AMENDED BY REGULATION ( EEC ) NO 2828/79 ( 4 ), LAYS DOWN THAT ELIGIBILITY FOR EXPORT REFUNDS IN THE WINE SECTOR IS SUBJECT TO PRODUCTION OF CERTAIN PROOF ; WHEREAS SUCH PROOF IS ALSO REQUIRED IN RESPECT OF DELIVERIES FOR VICTUALLING SHIPS AND AIRCRAFT QUALIFYING FOR REFUNDS WHILE , ON ACCOUNT OF THE DIFFICULTY IN KNOWING THE DATES OF DELIVERY IN ADVANCE , IT IS NOT ALWAYS EASY TO OBTAIN THE NECESSARY DOCUMENTATION ON TIME , PARTICULARLY IN NON-PRODUCER MEMBER STATES ; WHEREAS PRODUCTION OF THE SAID PROOF CAN THUS REPRESENT A DISPROPORTIONATE BURDEN , COMPARED WITH THE SMALL QUANTITIES OF TABLE WINE WHICH NORMALLY MAKE UP SUCH INDIVIDUAL DELIVERIES , FOR TRADERS WHO DO NOT EMPLOY THE PROCEDURE LAID DOWN IN ARTICLE 26 OF COMMISSION REGULATION ( EEC ) NO 2730/79 ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3476/80 ( 6 ), OR IN COUNCIL REGULATION ( EEC ) NO 565/80 OF 4 MARCH 1980 ON THE ADVANCE PAYMENT OF EXPORT REFUNDS IN RESPECT OF AGRICULTURAL PRODUCTS ( 7 ); WHEREAS , FOR THESE SMALL QUANTITIES , REFERENCE TO THE ACCOMPANYING DOCUMENT MAY BE SUFFICIENT TO SATISFY SUPERVISION REQUIREMENTS ; WHEREAS ARTICLE 2 OF REGULATION ( EEC ) NO 3002/76 SHOULD BE AMENDED ACCORDINGLY ;

WHEREAS ON THE OCCASION OF THIS AMENDMENT , THE REFERENCE IN ARTICLE 1A SHOULD BE ADAPTED TO TAKE ACCOUNT OF THE ENTRY INTO FORCE OF REGULATION ( EEC ) NO 2730/79 ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR WINE ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

REGULATION ( EEC ) NO 3002/76 IS HEREBY AMENDED AS FOLLOWS :

1 . ARTICLE 1A IS REPLACED BY THE FOLLOWING :

' ARTICLE 1A

EXCEPT FOR DELIVERIES FOR THE SPECIAL DESTINATIONS REFERRED TO IN ARTICLE 5 OF REGULATION ( EEC ) NO 2730/79 , ELIGIBILITY FOR REFUNDS SHALL BE CONDITIONAL ON PRODUCTION OF PROOF THAT THE PRODUCTS HAVE BEEN EXPORTED UNDER AN EXPORT LICENCE . '

2 . THE FOLLOWING SUBPARAGRAPH IS ADDED TO ARTICLE 2 ( 2 ):

' HOWEVER , THE PROVISIONS OF PARAGRAPH 1 , EXCEPT THOSE IN THE SECOND SUBPARAGRAPH UNDER ( C ), SHALL NOT APPLY IN RESPECT OF TABLE WINE DELIVERIES REFERRED TO IN ARTICLE 5 ( 1 ) ( A ) OF REGULATION ( EEC ) NO 2730/79 AND FOR WHICH THE PROCEDURE REFERRED TO IN ARTICLE 26 OF THE SAID REGULATION OR IN REGULATION ( EEC ) NO 565/80 IS NOT APPLIED . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JULY 1981 .

IT SHALL APPLY TO ALL DELIVERIES CLEARED THROUGH CUSTOMS ON OR AFTER THE DATE OF ENTRY INTO FORCE OF THIS REGULATION .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 17 JUNE 1981 .

FOR THE COMMISSION

THE PRESIDENT

GASTON THORN