****

( 1 ) OJ NO L 99 , 5 . 5 . 1970 , P . 1 .

( 2 ) OJ NO L 215 , 4 . 8 . 1978 , P . 1 .

( 3 ) OJ NO L 114 , 27 . 5 . 1970 , P . 1 .

( 4 ) OJ NO L 160 , 17 . 6 . 1978 , P . 11 .

( 5 ) OJ NO L 114 , 27 . 5 . 1970 , P . 4 .

( 6 ) OJ NO L 333 , 2 . 12 . 1976 , P . 6 .

COMMISSION REGULATION ( EEC ) NO 2820/78

OF 30 NOVEMBER 1978

FIXING CERTAIN REFERENCE PRICES FOR THE PERIOD 16 DECEMBER 1978 TO 15 DECEMBER 1979 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 816/70 OF 28 APRIL 1970 LAYING DOWN ADDITIONAL PROVISIONS FOR THE COMMON ORGANIZATION OF THE MARKET IN WINE ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1861/78 ( 2 ), AND IN PARTICULAR ARTICLE 9 ( 6 ) THEREOF ,

WHEREAS ARTICLE 9 ( 1 ) OF REGULATION ( EEC ) NO 816/70 PROVIDES THAT A REFERENCE PRICE FOR RED WINE AND A REFERENCE PRICE FOR WHITE WINE MUST BE FIXED ANNUALLY ; WHEREAS THESE REFERENCE PRICES MUST BE FIXED ON THE BASIS OF THE GUIDE PRICE FOR THE TYPES OF RED AND WHITE TABLE WINE MOST REPRESENTATIVE OF COMMUNITY PRODUCTION PLUS THE COSTS INCURRED IN BRINGING COMMUNITY WINES TO THE SAME MARKETING STAGE AS IMPORTED WINES ;

WHEREAS THE TYPES OF TABLE WINE MOST REPRESENTATIVE OF COMMUNITY PRODUCTION ARE TYPES R I AND A I AS DEFINED IN ARTICLES 1 AND 2 OF COUNCIL REGULATION ( EEC ) NO 945/70 ( 3 );

WHEREAS THE GUIDE PRICES FOR THESE TYPES OF WINE ARE SET OUT IN ARTICLE 1 OF COUNCIL REGULATION ( EEC ) NO 1299/78 ( 4 );

WHEREAS THE THIRD SUBPARAGRAPH OF ARTICLE 9 ( 1 ) OF REGULATION ( EEC ) NO 816/70 PROVIDES THAT REFERENCE PRICES ARE ALSO TO BE FIXED FOR GRAPE JUICE ( INCLUDING GRAPE MUST ) FALLING WITHIN SUBHEADING 20.07 B I OF THE COMMON CUSTOMS TARIFF , FOR CONCENTRATED GRAPE JUICE ( INCLUDING CONCENTRATED GRAPE MUST ) FALLING WITHIN SUBHEADINGS 20.07 A I AND B I OF THE COMMON CUSTOMS TARIFF , FOR ALCOHOL-MUTED FRESH GRAPE MUST AS DEFINED IN ADDITIONAL NOTE 4 ( A ) TO CHAPTER 22 OF THE COMMON CUSTOMS TARIFF , FOR WINES FORTIFIED FOR DISTILLATION AS DEFINED IN ADDITIONAL NOTE 4 ( B ) TO CHAPTER 22 OF THE COMMON CUSTOMS TARIFF , AND FOR LIQUEUR WINES AS DEFINED IN ADDITIONAL NOTE 4 ( C ) TO CHAPTER 22 OF THE COMMON CUSTOMS TARIFF ;

WHEREAS , SINCE SPECIAL REFERENCE PRICES ARE TO BE FIXED FOR PRODUCTS IN ACCORDANCE WITH THEIR SPECIAL CHARACTERISTICS OR USES , SUCH PRICES SHOULD BE FIXED FOR WINES OF THE RIESLING OR SYLVANER VARIETY AND FOR LIQUEUR WINES TO BE USED IN THE PREPARATION OF PRODUCTS OTHER THAN THOSE FALLING WITHIN HEADING NO 22.05 OF THE COMMON CUSTOMS TARIFF ; WHEREAS A FIXED AMOUNT CORRESPONDING TO THE NORMAL COSTS OF MARKET PREPARATION MUST BE ESTABLISHED SO THAT IT CAN BE ADDED TO THE REFERENCE PRICES OF THE VARIOUS PRODUCTS IN CASES WHERE THEY ARE PUT UP IN CONTAINERS OF TWO LITRES OR LESS ;

WHEREAS THE REFERENCE PRICES SHOULD BE FIXED IN ACCORDANCE WITH THE CRITERIA LAID DOWN IN COUNCIL REGULATION ( EEC ) NO 947/70 ( 5 ), AS AMENDED BY REGULATION ( EEC ) NO 2918/76 ( 6 );

WHEREAS THE COSTS , WITH THE EXCEPTION OF THOSE IN RESPECT OF LOSSES INCURRED IN BRINGING COMMUNITY WINES TO THE SAME MARKETING STAGE AS IMPORTED WINES , TO BE ESTABLISHED AS SPECIFIED IN ARTICLE 4 OF REGULATION ( EEC ) NO 947/70 , MAY BE ASSESSED AT A STANDARD RATE ; WHEREAS THESE COSTS AND THE OTHER FACTORS TO BE CONSIDERED HAVE INCREASED SINCE THE LAST OCCASION ON WHICH PRICES WERE FIXED , TRANSPORT COSTS HAVING INCREASED BY SOME 5.5 % ;

WHEREAS , HOWEVER , SINCE THE REFERENCE PRICES FOR LIQUEUR WINES BECAME APPLICABLE ON 1 MAY 1978 AND CERTAIN INCREASES CONSEQUENT ON CHANGES IN EXCHANGE RATES WILL IN ANY CASE BE MADE ON 16 DECEMBER 1978 THE LEVELS NOW APPLICABLE SHOULD APPLY ALSO FOR THE PERIOD 16 DECEMBER 1978 TO 15 DECEMBER 1979 ;

WHEREAS THE MANAGEMENT COMMITTEE FOR WINE HAS NOT DELIVERED AN OPINION WITHIN THE TIME LIMIT SET BY ITS CHAIRMAN ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

FOR THE PERIOD 16 DECEMBER 1978 TO 15 DECEMBER 1979 , THE REFERENCE PRICES ARE FIXED AS FOLLOWS :

A . PRODUCTS FALLING WITHIN SUBHEADING 22.05 C OF THE COMMON CUSTOMS TARIFF :

1 . RED WINE : 2.68 UNITS OF ACCOUNT PER DEGREE OF ACTUAL ALCOHOLIC STRENGTH PER HECTOLITRE ;

2 . WHITE WINE OTHER THAN THAT SPECIFIED IN POINT 3 BELOW : 2.54 UNITS OF ACCOUNT PER DEGREE OF ACTUAL ALCOHOLIC STRENGTH PER HECTOLITRE ;

3 . WHITE WINE PRESENTED FOR IMPORTATION UNDER THE NAME RIESLING OR SYLVANER : 53.57 UNITS OF ACCOUNT PER DEGREE OF ACTUAL ALCOHOLIC STRENGTH PER HECTOLITRE ;

4 . WINE FORTIFIED FOR DISTILLATION AS DEFINED IN ADDITIONAL NOTE 4 ( B ) OF CHAPTER 22 OF THE COMMON CUSTOMS TARIFF : 1.65 UNITS OF ACCOUNT PER DEGREE OF ACTUAL ALCOHOLIC STRENGTH PER HECTOLITRE ;

5 . ALCOHOL-MUTED FRESH GRAPE MUST AS DEFINED IN ADDITIONAL NOTE 4 ( A ) TO CHAPTER 22 OF THE COMMON CUSTOMS TARIFF : 1.80 UNITS OF ACCOUNT PER DEGREE OF TOTAL ALCOHOLIC STRENGTH PER HECTOLITRE ;

6 . LIQUEUR WINE AS DEFINED IN ADDITIONAL NOTE 4 ( C ) TO CHAPTER 11 OF THE COMMON CUSTOMS TARIFF FALLING WITHIN THE FOLLOWING SUBHEADINGS :

22.05 C II : 45 U.A./HL ,

22.05 C III : 48 U.A./HL ,

22.05 C IV : 60 U.A./HL ,

22.05 C V : 66 U.A./HL ;

7 . LIQUEUR WINE AS DEFINED IN ADDITIONAL NOTE 4 ( C ) TO CHAPTER 22 OF THE COMMON CUSTOMS TARIFF INTENDED FOR PROCESSING INTO PRODUCTS NOT FALLING WITHIN HEADING NO 22.05 OF THE COMMON CUSTOMS TARIFF :

22.05 C II : 37 U.A./HL ,

22.05 C III : 40 U.A./HL ,

22.05 C IV : 50 U.A./HL ,

22.05 C V : 56 U.A./HL .

B . PRODUCTS FALLING WITHIN HEADING NO 20.07 OF THE COMMON CUSTOMS TARIFF :

1 . GRAPE JUICE ( INCLUDING GRAPE MUST ), CONCENTRATED OR NOT , WITH AN ADDED SUGAR CONTENT NOT EXCEEDING 30 % BY WEIGHT , FALLING WITHIN SUB-HEADINGS 20.07 A I AND B I OF THE COMMON CUSTOMS TARIFF :

( A ) WHITE : 2.31 UNITS OF ACCOUNT PER DEGREE OF POTENTIAL ALCOHOLIC STRENGTH PER HECTOLITRE ;

( B ) OTHER : 2.43 UNITS OF ACCOUNT PER DEGREE OF POTENTIAL ALCOHOLIC STRENGTH PER HECTOLITRE ;

2 . GRAPE JUICE ( INCLUDING GRAPE MUST ), CONCENTRATED OR NOT , WITH AN ADDED SUGAR CONTENT OF MORE THAN 30 % BY WEIGHT , FALLING WITHIN SUBHEADINGS 20.07 A I AND B I OF THE COMMON CUSTOMS TARIFF :

( A ) WHITE : 2.31 UNITS OF ACCOUNT PER DEGREE OF POTENTIAL ALCOHOLIC STRENGTH PER HECTOLITRE ;

( B ) OTHER : 2.43 UNITS OF ACCOUNT PER DEGREE OF POTENTIAL ALCOHOLIC STRENGTH PER HECTOLITRE .

C . THE AMOUNT PER HECTOLITRE TO BE ADDED FOR THE PRODUCTS SPECIFIED IN A ( 1 ), ( 2 ), ( 3 ) AND ( 6 ), WHEN THEY ARE PUT UP IN CONTAINERS OF TWO LITRES OR LESS , IS 21 UNITS OF ACCOUNT PER HECTOLITRE .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

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

DONE AT BRUSSELS , 30 NOVEMBER 1978 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT