****

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

( 2 ) OJ NO L 195 , 29 . 7 . 1980 , P . 6 .

( 3 ) OJ NO L 245 , 17 . 9 . 1980 , P . 8 .

( 4 ) OJ NO L 234 , 5 . 9 . 1980 , P . 17 .

COMMISSION REGULATION ( EEC ) NO 2892/80

OF 7 NOVEMBER 1980

AMENDING REGULATION ( EEC ) NO 2391/80 ON THE APPLICATION OF THE ADDITIONAL MEASURES APPLICABLE TO HOLDERS OF LONG-TERM CONTRACTS FOR CERTAIN TABLE WINES FOR THE 1979/80 WINE-GROWING YEAR AND AMENDING REGULATION ( EEC ) NO 2325/80

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 1990/80 ( 2 ), AND IN PARTICULAR ARTICLE 12 ( 4 ) THEREOF ,

WHEREAS THE QUANTITIES OF TABLE WINE AVAILABLE AT PRESENT ARE GREATLY IN EXCESS OF THE NORMAL LEVEL WHEN THE MARKET IS IN BALANCE ; WHEREAS THE MOST APPROPRIATE MEANS FOR RE-ESTABLISHING BALANCE , BY REDUCING THE SUPPLY , IS DISTILLATION ;

WHEREAS STEPS SHOULD ALSO BE TAKEN TO ENSURE THAT SALE OF THE ALCOHOL PRODUCED BY DISTILLATION OF TABLE WINES DOES NOT UPSET THE MARKET FOR THAT PRODUCT ;

WHEREAS IT SEEMS THAT THE INTERVENTION MEASURE WHICH BEST COMPLIES WITH THE TWO ABOVE REQUIREMENTS IS THE DISTILLATION PROVIDED FOR UNDER ARTICLE 12 OF REGULATION ( EEC ) NO 337/79 , SINCE IT INVOLVES A PRECISE LIMIT ON THE MAXIMUM QUANTITY OF TABLE WINE THAT MAY BE DISTILLED ; WHEREAS A DECISION TO APPLY THE SAID ARTICLE 12 HAS ALREADY BEEN TAKEN DURING THE PRESENT MARKETING YEAR BY COMMISSION REGULATION ( EEC ) NO 2391/80 ( 3 ); WHEREAS ARTICLE 1 ( 1 ) ( A ) AND ( 2 ) ( A ) OF THE SAID REGULATION ALLOWS HOLDERS OF LONG-TERM STORAGE CONTRACTS FOR TABLE WINES OF TYPES A I , R I AND R II AND FOR WINES IN CLOSE ECONOMIC RELATIONSHIP WITH THEM TO UNDERTAKE DISTILLATION OF UP TO 50 % OF THE QUANTITY OF WINE CONTRACTED FOR ; WHEREAS IN VIEW OF THE SITUATION DESCRIBED ABOVE , THE SAID PERCENTAGE SHOULD BE FIXED AT 100 FOR TABLE WINES OF TYPE A I AND AT 74 FOR TABLE WINES OF TYPES R I AND R II ;

WHEREAS THE LONG-TERM STORAGE CONTRACTS SUBJECT TO THE PROVISIONS OF THE SAID REGULATION EXPIRE ON OR BEFORE 15 NOVEMBER 1980 ; WHEREAS , IN ORDER THAT THIS REGULATION MAY HAVE THE ANTICIPATED EFFECT ON THE TABLE WINE MARKET , IT IS NECESSARY TO REPLACE THE TIME LIMITS PROVIDED FOR IN ARTICLES 4 ( 1 ) AND 10 ( 1 ) OF COMMISSION REGULATION ( EEC ) NO 2325/80 ( 4 ) BY A SINGLE DATE , AND TO PROVIDE FOR THE NECESSARY ADJUSTMENTS TO THE STORAGE CONTRACTS REFERRED TO IN ARTICLE 2 ( 2 ) ( B ) THEREOF ;

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

REGULATION ( EEC ) NO 2391/80 IS HEREBY AMENDED AS FOLLOWS :

1 . IN ARTICLE 1 ( 1 ) ( A ), ' 50 % ' IS REPLACED BY ' 100 % ' .

2 . IN ARTICLE 1 ( 2 ) ( A ), ' 50 % ' IS REPLACED BY ' 74 % ' .

ARTICLE 2

WHERE USE IS MADE OF THE ADDITIONAL DISTILLATION POSSIBILITIES PROVIDED FOR IN ARTICLE 1 , THE STORAGE CONTRACTS ALREADY CONCLUDED , AS REFERRED TO IN ARTICLE 2 ( 2 ) ( B ) OF REGULATION ( EEC ) NO 2325/80 , SHALL BE CONSIDERED , WITH EFFECT FROM THE DATE OF ENTRY INTO FORCE OF THIS REGULATION , AS COVERING ONLY THE QUANTITY OF WINE NOT SO DISTILLED .

ARTICLE 3

REGULATION ( EEC ) NO 2325/80 IS HEREBY AMENDED AS FOLLOWS :

1 . ARTICLE 4 ( 1 ) IS REPLACED BY THE FOLLOWING :

' 1 . APPLICATIONS FOR APPROVAL OF THE CONTRACTS REFERRED TO IN ARTICLE 1 OF REGULATION ( EEC ) NO 343/79 SHALL BE MADE NOT LATER THAN 31 DECEMBER 1980 . '

2 . THE FIRST SUBPARAGRAPH OF ARTICLE 10 ( 1 ) IS REPLACED BY THE FOLLOWING :

' 1 . THE CONTRACTS REFERRED TO IN ARTICLE 2 ( 2 ) ( B ) MUST BE CONCLUDED NOT LATER THAN 31 DECEMBER 1980 . '

ARTICLE 4

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

IT SHALL APPLY WITH EFFECT FROM 1 NOVEMBER 1980 .

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

DONE AT BRUSSELS , 7 NOVEMBER 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT