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

( 2 ) OJ NO L 297 , 24 . 11 . 1979 , P . 4 .

( 3 ) OJ NO L 54 , 5 . 3 . 1979 , P . 69 .

( 4 ) SEE PAGE 43 OF THIS OFFICIAL JOURNAL .

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

( 6 ) OJ NO L 25 , 31 . 1 . 1975 , P . 10 .

( 7 ) OJ NO L 25 , 31 . 1 . 1975 , P . 1 .

COMMISSION REGULATION ( EEC ) NO 2828/79

OF 14 DECEMBER 1979

AMENDING 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 2594/79 ( 2 ), AND IN PARTICULAR ARTICLE 20 ( 4 ) THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 345/79 OF 5 FEBRUARY 1979 LAYING DOWN GENERAL RULES FOR GRANTING EXPORT REFUNDS ON WINE AND CRITERIA FOR FIXING THE AMOUNT OF SUCH REFUNDS ( 3 ), AND IN PARTICULAR ARTICLE 6 ( 3 ) THEREOF ,

WHEREAS ARTICLE 1 ( 2 ) OF COMMISSION REGULATION ( EEC ) NO 2826/79 ( 4 ) PROVIDES THAT ALL EXPORTS OF A PRODUCT OF THE WINE SECTOR , IN ORDER TO BE ELIGIBLE FOR A REFUND , SHALL BE SUBJECT TO THE PRODUCTION OF AN EXPORT LICENCE ;

WHEREAS ARTICLE 2 OF COMMISSION REGULATION ( EEC ) NO 3002/76 ( 5 ) MAKES ELIGIBILITY FOR REFUNDS IN THE WINE SECTOR CONDITIONAL ON THE PRODUCTION OF CERTAIN PROOF ; WHEREAS IT IS THEREFORE NECESSARY TO ADD TO SUCH PROOF EVIDENCE THAT THE PRODUCTS IN QUESTION HAVE BEEN EXPORTED UNDER AN EXPORT LICENCE ;

WHEREAS , HOWEVER , THE FIRST INDENT OF ARTICLE 4 ( 3 ) OF COMMISSION REGULATION ( EEC ) NO 193/75 ( 6 ) PROVIDES THAT NO LICENCE SHALL BE REQUIRED FOR THE PURPOSES OF THE OPERATIONS REFERRED TO IN ARTICLE 3 OF COMMISSION REGULATION ( EEC ) NO 192/75 ( 7 ); WHEREAS , THEREFORE , IT IS APPROPRIATE TO STATE THAT THE PROOF SPECIFIED BY THIS REGULATION NEED NOT BE FURNISHED IN RESPECT OF SUCH OPERATIONS ;

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

THE FOLLOWING ARTICLE IS INSERTED IN REGULATION ( EEC ) NO 3002/76 :

' ARTICLE 1A

EXCEPT IN THE CASE OF EXPORTS TO THE SPECIAL DESTINATIONS REFERRED TO IN ARTICLE 3 OF REGULATION ( EEC ) NO 192/75 , ELIGIBILITY FOR REFUNDS SHALL BE CONDITIONAL ON PRODUCTION OF PROOF THAT THE PRODUCTS HAVE BEEN EXPORTED UNDER AN EXPORT LICENCE . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1980 .

IT SHALL APPLY TO EXPORTS IN RESPECT OF WHICH CUSTOMS FORMALITIES ARE COMPLETED ON OR AFTER THAT DATE .

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

DONE AT BRUSSELS , 14 DECEMBER 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT