****

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

( 2 ) OJ NO L 360 , 31 . 12 . 1980 , P . 18 .

( 3 ) OJ NO L 54 , 5 . 3 . 1979 , P . 84 .

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

( 5 ) OJ NO L 195 , 29 . 7 . 1980 , P . 8 .

COUNCIL REGULATION ( EEC ) NO 2007/81

OF 13 JULY 1981

DETERMINING , FOR THE 1981/82 WINE-GROWING YEAR , THE PRICES TO BE PAID UNDER THE COMPULSORY DISTILLATION OF THE BY-PRODUCTS OF WINE MAKING AND , NOTWITHSTANDING REGULATION ( EEC ) NO 349/79 , THE AMOUNT OF THE CONTRIBUTION FROM THE GUARANTEE SECTION OF THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND

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 LAST AMENDED BY REGULATION ( EEC ) NO 3456/80 ( 2 ), AND IN PARTICULAR ARTICLE 39 ( 6 ) THEREOF ,

HAVING REGARD TO THE PROPSAL FROM THE COMMISSION ,

WHEREAS , IN ACCORDANCE WITH ARTICLE 39 OF REGULATION ( EEC ) NO 337/79 AND ARTICLES 2 AND 3 OF COUNCIL REGULATION ( EEC ) 349/79 OF 5 FEBRUARY 1979 ON THE DISTILLATION OF THE BY-PRODUCTS OF WINE MAKING ( 3 ), THE COUNCIL FIXES FOR EACH WINE-GROWING YEAR THE BUYING-IN PRICE FOR WINE DELIVERIES AND THE PRICE FOR THE ALCOHOL FROM WINE DELIVERIES UNDER THE COMPULSORY DISTILLATION OF THE BY-PRODUCTS OF WINE MAKING ;

WHEREAS THE BUYING-IN PRICE FOR WINE DELIVERIES , IN ACCORDANCE WITH ARTICLE 2 OF REGULATION ( EEC ) NO 349/79 , SHOULD BE BETWEEN 30 AND 40 % OF THE GUIDE PRICE FOR TABLE WINE OF TYPE A I APPLICABLE WITH EFFECT FROM 16 DECEMBER 1981 ; WHEREAS THE SAID PRICE , WHILE REMAINING WITHIN THE ABOVEMENTIONED LIMITS , SHOULD BE FIXED TAKING INTO ACCOUNT BOTH THE NEED TO ENSURE THAT ALL PRODUCERS FULFIL ALL THEIR OBLIGATIONS TO DISTIL THE BY-PRODUCTS OF WINE MAKING , AND THE LEVEL OF THE MARKET PRICE FOR VINOUS ALCOHOL ;

WHEREAS WHEN THE PRICE OF ALCOHOL FROM WINE DELIVERIES REFERRED TO IN THE FIRST SUBPARAGRAPH OF ARTICLE 3 ( 2 ) OF REGULATION ( EEC ) NO 349/79 IS FIXED , THE CRITERIA REFERRED TO IN THAT PROVISION SHOULD BE TAKEN INTO ACCOUNT ON A STANDARD BASIS ; WHEREAS , ON THE OTHER HAND , WHEN THE PRICES REFERRED TO IN THE THIRD SUBPARAGRAPH OF THE SAID PARAGRAPH ARE FIXED , THEY SHOULD BE BASED ON THE VARIATIONS IN COST WHICH RESULT FROM THE DIFFERING ORIGINS OF THE ALCOHOL SUPPLIED ; WHEREAS ALL THESE PRICES APPLY TO ALCOHOL WITH AN ACTUAL ALCOHOLIC STRENGTH NOT LOWER THAN 92 % VOL , PURUSUANT TO ARTICLE 1 ( 2 ) ( D ) OF REGULATION ( EEC ) NO 349/79 ;

WHEREAS , PURSUANT TO ARTICLE 39 ( 6 ) OF REGULATION ( EEC ) NO 337/79 , ARTICLE 4 OF REGULATION ( EEC ) NO 349/79 LAYS DOWN THAT THE CONTRIBUTION BY THE GUARANTEE SECTION OF THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND ( EAGGF ) TOWARDS EXPENDITURE INCURRED BY INTERVENTION AGENCIES SHALL BE LIMITED TO LOSSES INCURRED BY THOSE AGENCIES AND , IN ANY CASE , SUBJECT TO A CEILING ; WHEREAS IT HAS BEEN FOUND THAT THIS SYSTEM INVOLVES ADMINISTRATIVE AND ACCOUNTING DIFFICULTIES FOR THE INTERVENTION AGENCIES IN QUESTION ; WHEREAS , MOREOVER , THE LOSSES SO INCURRED ALWAYS EXCEED THE SAID CONTRIBUTION BY THE EAGGF ; WHEREAS THE APPROPRIATE INSTRUMENT FOR RESOLVING THESE DIFFICULTIES IS THE SOLUTION ADOPTED IN ARTICLE 4B OF COUNCIL REGULATION ( EEC ) NO 343/79 OF 5 FEBRUARY 1979 LAYING DOWN GENERAL RULES GOVERNING CERTAIN DISTILLATION OPERATIONS IN THE WINE SECTOR ( 4 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 19981/80 ( 5 ), FOR THE PURPOSES OF DISTILLATION AS REFERRED TO IN ARTICLES 40 AND 41 OF REGULATION ( EEC ) NO 337/79 AND A FLAT-RATE SUM SHOULD BE FIXED PER HECTOLITRE OF PURE ALCOHOL TAKEN OVER , PAYABLE TO THE INTERVENTION AGENCIES REGARDLESS OF THEIR LOSSES ; WHEREAS ARTICLE 4 OF REGULATION ( EEC ) NO 349/79 MUST BE WAIVED FOR THIS PURPOSE ;

WHEREAS THE AMOUNT OF THE CONTRIBUTION FROM THE EAGGF , GUARANTEE SECTION , SHOULD BE FIXED IN THE LIGHT OF THE ALCOHOL MARKET SITUATION ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . THE PRICES FOR THE 1981/82 WINE-GROWING YEAR SHALL BE AS FOLLOWS :

- 0.89 ECU PER % VOL ALCOHOL PER HECTOLITRE FOR THE BUYING-IN-PRICE FOR WINE DELIVERIES ,

- 1.40 ECU PER % VOL ALCOHOL PER HECTOLITRE FOR THE PRICE OF THE ALCOHOL FROM THE WINE DELIVERIES REFERRED TO IN THE FIRST SUBPARAGRAPH OF ARTICLE 3 ( 2 ) OF REGULATION ( EEC ) NO 349/79 ,

- 1.50 ECU PER % VOL ALCOHOL PER HECTOLITRE FOR THE PRICE OF THE ALCOHOL FROM THE WINE DELIVERIES FROM MARC REFERRED TO IN THE THIRD SUBPARAGRAPH OF THE AFORESAID ARTICLE 3 ( 2 ),

- 1.30 ECU PER % VOL ALCOHOL PER HECTOLITRE FOR THE PRICE OF THE ALCOHOL FROM THE WINE DELIVERIES FROM WINE REFERRED TO IN THE THIRD SUBPARAGRAPH OF THE AFORESAID ARTICLE 3 ( 2 ),

- 1.30 ECU PER % VOL ALCOHOL PER HECTOLITRE FOR THE PRICE OF THE ALCOHOL FROM THE WINE DELIVERIES FROM LEES REFERRED TO IN THE THIRD SUBPARAGRAPH OF THE AFORESAID ARTICLE 3 ( 2 ).

2 . NOTWITHSTANDING ARTICLE 4 OF REGULATION ( EEC ) NO 349/79 , THE AMOUNT OF THE CONTRIBUTION FROM THE EAGGF , GUARANTEE SECTION , IN EXPENDITURE INCURRED BY INTERVENTION AGENCIES FOR THE SAME WINE-GROWING YEAR SHALL BE 0.37 ECU PER % VOL ALCOHOL PER HECTOLITRE .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON 1 SEPTEMBER 1981 .

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

DONE AT BRUSSELS , 13 JULY 1981 .

FOR THE COUNCIL

THE PRESIDENT

LORD CARRINGTON