No L 50/6 Official Journal of the European Communities 26. 2. 76 COMMISSION REGULATION (EEC) No 408/76 of 23 February 1976 amending, as regards the net weight of raw tobacco, Regulation (EEC) No 1726/70 on the procedure for granting the premium for leaf tobacco and Regula- tion (EEC) No 1727/70 on intervention procedure for raw tobacco THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 727/70 of 21 April 1970 on the common organization of the market in raw tobacco (!), as last amended by the Act of Accession (?), and in particular the first subparagraph of Article 3 (3) and Articles 5 (6), 6 (10) and 15 thereof, Whereas Commission Regulation (EEC) No 1726/70 of 25 August 1970 on the procedure for granting the premium for leaf tobacco (%), as last amended by Regu- lation (EEC) No 1353/75(%), provides that the premium for leaf tobacco is to be paid for a quantity of tobacco expressed in terms of net weight ; whereas such net weight is established in respect of the refer- ence moisture contents laid down in Annex IV to Commission Regulation (EEC) No 1727/70 of 25 August 1970 on intervention procedure for raw tobacco (%), as last amended by Regulation (EEC) No 1354/75 (¢) ; whereas, in addition, Article 5 of Regula- tion (EEC) No 1727/70 provides that the price paid by the intervention agency is to be calculated on the net weight of the tobacco; Whereas, to ensure uniform application of Commu- nity rules, the moisture contents should be deter- mined by a Community method at the time of checking weight when the tobacco leaves the place in which it came under supervision -having undergone first processing and market preparation and again at the time when it is bought in for intervention purposes ; Whereas Regulations (EEC) No 1726/70 and (EEC) No 1727/70 should be amended accordingly ; Whereas, however, during other operations to determine the net weight, Member States should be authorized to use other methods to determine the moisture content provided they inform the Commis- sion thereof ; whereas, when this happens, the advance paid on the total amount of the premium should be limited ; ) OJ No L 94, 28. 4. 1970, p. 1. ) O No L 73, 27. 3. 1972, p. 14. ) O] No L 191, 27. 8. 1970, p. 1. ) O No L 138, 29. 5. 1975, p. 12. ) O} No L 191, 27. 8. 1970, p. S. ) OJ No L 138, 29. 5. 1975, p. 13. Whereas, if the actual moisture contents of the tobacco in respect of which the premium is applied for differs by more than 1 % from the reference mois- ture contents, a corresponding adjustment should be made in the net weight; Whereas to clarify Community rules the net weight of the tobacco in respect of which a premium is applied for should be distinguished from the net weight of the tobacco offered for intervention ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage- ment Committee for Raw Tobacco, HAS ADOPTED THIS REGULATION : Article 1 The following Article is hereby added to Regulation (EEC) No 1726/70 : ‘Article 1a 1. In accordance with the procedure laid down in Article 17 of Regulation (EEC) No 727/70, the Commission shall lay down one or more Commu- nity methods of determining the moisture contents of the tobacco. 2. The use of one of these methods shall be compulsory for the check referred to in Article 1 (2) (b). 3. For the checks referred to in Article 1 (2) (a) and (c), a Member State may use a method other than the Community methods to determine the moisture content of the tobacco. In that event, the Member State must inform the Commission of the method used. Article 2 The following paragraph is hereby added to Article 7 of Regulation (EEC) No 1726/70 : ‘S. Where, for the purposes of the checks referred to in Article 1 (2) (a) and (c), the net weight is not determined by means of one of the Community methods provided for in Article la (1), the advance on the total amount of the premium shall be limited to 95 %.