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

( 2 ) OJ NO L 162 , 30 . 6 . 1979 , P . 28 .

( 3 ) OJ NO L 54 , 5 . 3 . 1979 , P . 64 .

COUNCIL REGULATION ( EEC ) NO 1709/79

OF 31 JULY 1979

AMENDING REGULATION ( EEC ) NO 343/79 LAYING DOWN GENERAL RULES GOVERNING CERTAIN DISTILLATION OPERATIONS IN THE WINE SECTOR

THE COUNCIL 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 AMENDED BY REGULATION ( EEC ) NO 1303/79 ( 2 ), AND IN PARTICULAR ARTICLES 11 ( 3 ), 12 ( 3 ), 13 ( 3 ), 15 ( 1 ), 40 ( 4 ) AND 41 ( 3 ) THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS REGULATION ( EEC ) NO 343/79 ( 3 ) LAID DOWN GENERAL RULES GOVERNING CERTAIN WINE DISTILLATION OPERATIONS ; WHEREAS ARTICLE 6 OF THAT REGULATION DOES NOT APPLY TO DELIVERY CONTRACTS CONCLUDED DURING THE 1979/80 MARKETING YEAR ; WHEREAS THIS PROVISION SHOULD BE EXTENDED , PENDING NEW RULES ON THE MATTER , WHILST MAKING CERTAIN AMENDMENTS ON THE BASIS OF EXPERIENCE ;

WHEREAS THE MARGINS FOR THE QUANTITIES OF WINE STIPULATED IN DELIVERY CONTRACTS SHOULD VARY ACCORDING TO THE VARIOUS DISTILLATION OPERATIONS PROVIDED FOR IN REGULATION ( EEC ) NO 337/79 ; WHEREAS , TO RESOLVE CERTAIN PROBLEMS WHICH HAVE ARISEN IN IMPLEMENTING THE SYSTEM OF MARGINS IN THE 1976/77 , 1977/78 AND 1978/79 MARKETING YEARS , IT SHOULD BE SPECIFIED THAT AID FOR THOSE MARKETING YEARS IS PAID , IRRESPECTIVE OF THE PERCENTAGE OF FULFILMENT OF THE CONTRACT , IF APPROPRIATE WITHIN SPECIFIED LIMITS ;

WHEREAS THE SAME PROVISIONS SHOULD BE ADOPTED ON A PERMANENT BASIS TO COVER CHANCE CIRCUMSTANCES AND CASES OF FORCE MAJEURE AND TO APPLY UNTIL THE END OF THE 1978/79 MARKETING YEAR ;

WHEREAS REGULATION ( EEC ) NO 343/79 SHOULD ACCORDINGLY BE AMENDED ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

ARTICLE 6 OF REGULATION ( EEC ) NO 343/79 SHALL BE REPLACED BY THE FOLLOWING :

' ARTICLE 6

1 . A MARGIN OF 10 % MORE OR LESS THAN THE QUANTITY OF WINE INDICATED IN THE CONTRACTS REFERRED TO IN ARTICLE 1 CONCERNING DISTILLATION CARRIED OUT PURSUANT TO ARTICLES 11 , 12 AND 13 OF REGULATION ( EEC ) NO 337/79 SHALL BE PERMITTED .

THE INTERVENTION AGENCY SHALL PAY THE AID PROVIDED FOR IN ARTICLE 2 ( 3 ) FOR THE QUANTITY OF WINE ACTUALLY DISTILLED WITHIN THE MARGINS REFERRED TO IN THE PRECEDING SUBPARAGRAPH .

HOWEVER , FOR PURPOSES OF DISTILLATION AS DESCRIBED IN ARTICLE 12 OF REGULATION ( EEC ) NO 337/79 AID SHALL BE PAID ONLY FOR QUANTITIES UP TO THE MAXIMUM AMOUNT WHICH MAY BE SO DISTILLED .

2 . THE QUANTITY OF WINE DELIVERED TO A DISTILLERY UNDER DISTILLATIONS CARRIED OUT PURSUANT TO ARTICLE 40 OR 41 OF REGULATION ( EEC ) NO 337/79 MAY BE HIGHER THAN THE QUANTITY OF WINE INDICATED IN THE CONTRACTS REFERRED TO IN ARTICLE 1 .

FOR THE PURPOSES OF DISTILLATION CARRIED OUT PURSUANT TO ARTICLE 41 OF REGULATION ( EEC ) NO 337/79 A MARGIN OF 10 % LESS THAN THE QUANTITY OF WINE INDICATED IN THE CONTRACTS REFERRED TO IN ARTICLE 1 SHALL BE PERMITTED .

THE INTERVENTION AGENCY SHALL PAY THE AID PROVIDED FOR IN ARTICLE 2 ( 3 ) FOR THE QUANTITY OF WINE ACTUALLY DISTILLED , IF APPROPRIATE WITHIN THE MARGIN REFERRED TO IN THE PRECEDING SUBPARAGRAPH .

3 . PARAGRAPHS 1 AND 2 SHALL APPLY TO DELIVERY CONTRACTS CONCLUDED DURING THE 1979/80 MARKETING YEAR .

4 . FOR THE 1976/77 , 1977/78 AND 1978/79 MARKETING YEARS , THE INTERVENTION AGENCY SHALL PAY THE AID REFERRED TO IN ARTICLE 2 ( 3 ) IN RESPECT OF THAT QUANTITY OF WINE WHICH HAS ACTUALLY BEEN DISTILLED WITHIN 110 % OF THE QUANTITY OF WINE STIPULATED IN THE CONTRACTS REFERRED TO IN ARTICLE 1 .

FOR THE PURPOSES OF DISTILLATION CARRIED OUT PURSUANT TO ARTICLE 40 OR 41 OF REGULATION ( EEC ) NO 337/79 , THE AID REFERRED TO IN THE PRECEDING SUBPARAGRAPH SHALL BE PAID ONLY IF THE OBLIGATIONS IMPOSED IN THESE ARTICLES HAVE BEEN DISCHARGED .

ARTICLE 6A

WHERE , DUE TO CHANCE CIRCUMSTANCES OR FOR REASONS OF FORCE MAJEURE , ALL OR SOME OF THE WINE COVERED BY A CONTRACT REFERRED TO IN ARTICLE 1 CANNOT BE DISTILLED , THE DISTILLER OR THE PRODUCER SHALL IMMEDIATELY SO INFORM :

- THE INTERVENTION AGENCY OF THE MEMBER STATE IN WHOSE TERRITORY THE DISTILLATION PREMISES ARE LOCATED ,

AND

- IF THE PRODUCER ' S WINERY IS LOCATED IN ANOTHER MEMBER STATE , THE INTERVENTION AGENCY OF THIS SECOND MEMBER STATE .

IN THE CASES REFERRED TO IN THE PRECEDING SUBPARAGRAPH THE INTERVENTION AGENCY SHALL PAY THE AID REFERRED TO IN ARTICLE 2 ( 3 ) IN RESPECT OF THAT QUANTITY OF WINE WHICH HAS ACTUALLY BEEN DISTILLED . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON 1 SEPTEMBER 1979 .

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

DONE AT BRUSSELS , 31 JULY 1979 .

FOR THE COUNCIL

THE PRESIDENT

J . GIBBONS