No L 47/8 Official Journal of the European Communities 24. 2. 96 COMMISSION REGULATION (EC) No 330/96 of 23 February 1996 amending Regulation (EEC) No 3929/87 on harvest, production and stock declarations relating to wine-sector products THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine ('), as last amended by Regulation (EC) No 1544/95 (3, and in particular Articles 3 (4), 36 (6), 39 (7) and 81 thereof, Whereas the application of the rules concerning interven- tion measures in the wine sector makes it necessary to know not only the volume of production but also the area of vineyards and the yield per hectare; whereas this infor- mation is gathered by means of the declatations submitted by operators pursuant to Commission Regula- tion (EEC) No 3929/87 (%), as last amended by Regulation (EC) No 1991/94 (*); Whereas information on yield and/or vineyard area may be inaccurate where the declarant did not have the neces- sary means of verification at his disposal; whereas provi- sion should therefore be made in such cases for penalties varying according to the seriousness of the inaccuracies; Whereas the arrangements currently in force do not allow a sufficient degree of proportionality between the penal- ties to be applied and the omissions or errors detected in a declaration submitted by a winegrower; whereas, there- fore, Member States should be allowed to adjust the penalty according to the adjustment made; whereas the present rules on this matter should therefore be amended; 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 3929/87 is amended as follows: 1. Article 11 is replaced by the following: Article 11 Persons required to submit harvest, production or stock declarations who do not submit such declarations by () OJ No L 84, 27. 3. 1987, p. L. () O] No L 148, 30. 6. 1995, p. 31. () O No L 369, 29. 12. 1987, p. 59. () ©OJ No L 200, 3. 8. 1994, p. 10. the time limits specified in Article § shall not, except in the case of force majeure, benefit from the measures provided for in Articles 32, 38, 41, 45 and 46 of Regu- lation (EEC) No 822/87 for the wine year concerned nor for the following wine year. However, exceeding the time limits referred to in the first paragraph shall entail a reduction of only 15 % of the amounts payable for the wine year in question where those time limits are exceeded by not more than five working days, and by 30 % where they are exceeded by not more than ten working days. . The following Article 11a inserted: ‘Article 11a 1. Persons required to submit harvest, production or stock declarations who submit declarations found to be incomplete or incorrect by the competent authorities of the Member State may benefit from the measures provided for in Articles 32, 38, 41, 45 and 46 of Regu- lation (EEC) No 822/87 only if the missing or incor- rect details are not essential to the proper application of the measures in question. 2. Except in cases of force majeure, where the decla- rations by natural or legal persons or groups of such persons referred to in Article 2 concern the production of table wine and are found to be incomplete or incor- rect by the competent authorities of the Member States, and where knowledge of the missing or incor- rect details is essential for the proper application of the measures referred to in paragraph 1 and those errors are such as to produce under-estimates of yields, the Member State shall apply the following penalties without prejudice to national penalties: (a) as regards the measures referred to in Article 32, 45 and 46 of Regulation (EEC) No 822/87, aid shall be reduced in the following proportions: — by the same percenetage as the percentage of the adjustment of the yield where that adjust- ment is not more than S %, — by twice the percentage of the adjustment of the yield where that adjustment is more than 5% and not more then 20 %. Neither this aid nor that for the following mar- keting year shall be granted where the adjustment of the yield is more than 20 %.