****

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

( 2 ) OJ NO L 57 , 29 . 2 . 1980 , P . 32 .

( 3 ) OJ NO L 324 , 20 . 12 . 1979 , P . 13 .

( 4 ) OJ NO L 30 , 7 . 2 . 1980 , P . 15 .

( 5 ) OJ NO L 297 , 24 . 11 . 1979 , P . 15 .

COMMISSION REGULATION ( EEC ) NO 1251/80

OF 22 MAY 1980

DEROGATING , AS REGARDS THE 1979/80 WINE-GROWING YEAR , FROM REGULATION ( EEC ) NO 2600/79 ON STORAGE CONTRACTS FOR TABLE WINE , GRAPE MUST AND CONCENTRATED GRAPE MUST

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 459/80 ( 2 ), AND IN PARTICULAR ARTICLE 7 ( 6 ) AND ARTICLE 9 ( 5 ) THEREOF ,

WHEREAS THE QUANTITIES OF ALCOHOL CONTAINED IN PRODUCTS DELIVERED FOR DISTILLATION UNDER THE OBLIGATORY DISTILLATION OF THE BY-PRODUCTS OF WINE-MAKING WERE INCREASED BY COMMISSION REGULATION ( EEC ) NO 2872/79 ( 3 ), AS AMENDED BY REGULATION ( EEC ) NO 276/80 ( 4 ); WHEREAS , IN SOME CASES , BECAUSE OF THE SIZE OF THE ADDITIONAL RATE FIXED , SOME PRODUCERS WHO ENTERED INTO STORAGE CONTRACTS NO LONGER POSSESS A QUANTITY OF WINE SUFFICIENT TO FULFIL THE OBLIGATION DERIVING FROM REGULATION ( EEC ) NO 2872/79 ; WHEREAS IT IS ADVISABLE TO PROVIDE FOR A DEROGATION , FOR THIS WINE-GROWING YEAR , FROM THE PROVISIONS OF COMMISSION REGULATION ( EEC ) NO 2600/79 ( 5 ), PERMITTING THE INTERVENTION AGENCIES OF MEMBER STATES EITHER TO TERMINATE LONG-TERM STORAGE CONTRACTS OR TO CANCEL SHORT-TERM STORAGE CONTRACTS FOR PRODUCERS AND FOR THE QUANTITY NECESSARY IN ORDER TO COMPLY WITH THE SAID OBLIGATION ;

WHEREAS THE EXTENT OF THEIR OBLIGATION UNDER ARTICLE 40 OF REGULATION ( EEC ) NO 337/79 WAS KNOWN TO PRODUCERS ONLY BY THE PUBLICATION OF REGULATION ( EEC ) NO 276/80 TOWARDS THE END OF THE PERIOD PROVIDED FOR THE CONCLUSION OF LONG-TERM STORAGE CONTRACTS ; WHEREAS IT THEREFORE APPEARS EQUITABLE TO PROVIDE THAT THE AID SHALL BE RETAINED UNTIL THE ENTRY INTO FORCE OF THIS REGULATION ;

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

1 . BY WAY OF DEROGATION FROM THE PROVISIONS OF REGULATION ( EEC ) NO 2600/79 , THE INTERVENTION AGENCIES OF THE MEMBER STATES MAY , AT THE REQUEST OF THE PRODUCERS CONCERNED , TERMINATE , WHOLLY OR IN PART , LONG-TERM STORAGE CONTRACTS OR CANCEL , WHOLLY OR IN PART , SHORT-TERM CONTRACTS IN THE CASE OF PRODUCERS WHO ARE SUBJECT TO THE OBLIGATION TO DISTIL REFERRED TO IN ARTICLE 40 OF REGULATION ( EEC ) NO 337/79 WHICH APPLIES FOR THE 1979/80 WINE-GROWING YEAR . THIS OPTION MAY BE USED ONLY IN THE CASE OF PRODUCERS WHO DO NOT POSSESS A QUANTITY OF WINE SUFFICIENT TO COMPLY WITH THE AFORESAID OBLIGATION AND RELATES SOLELY TO THE VOLUME TECHNICALLY NECESSARY IN ORDER TO COMPLY WITH THE SAID OBLIGATION .

2 . FOR THE QUANTITY OF WINE IN RESPECT OF WHICH THE LONG-TERM STORAGE CONTRACT IS TERMINATED THE AID SHALL BE RETAINED UNTIL THE ENTRY INTO FORCE OF THIS REGULATION .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING 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 , 22 MAY 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT