Commission Regulation (EC) No 194/98 of 26 January 1998 amending Regulation (EEC) No 3105/88 laying down detailed rules for the application of compulsory distillation as provided for in Articles 35 and 36 of Regulation (EEC) No 822/87
Date: 1998-01-26
Institutions: European Commission
Subjects: common organisation of markets, distillation, grubbing premium, marketing year, vinification

27. 1. 98

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EN

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Official Journal of the European Communities

L 20/19

COMMISSION REGULATION (EC) No 194/98

of 26 January 1998

amending Regulation (EEC) No 3105/88 laying down detailed rules for the
application of compulsory distillation as provided for in Articles 35 and 36 of
Regulation (EEC) No 822/87

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 822/87 of
16 March 1987 on the common organisation of
the
market in wine (1), as last amended by Regulation (EC) No
2087/97 (2), and in particular Article 36(6) thereof,

Whereas Commission Regulation (EEC) No 3105/88 (3),
as last amended by Regulation (EC) No 2365/95 (4), intro-
duced the detailed rules for the application of compulsory
distillation as provided for in Article 36 of Regulation
(EEC) No 822/87; whereas that distillation applies to
wines
exceeding the quantities normally produced;
whereas Article 8 of Regulation (EEC) No 3105/88 lays
down the rules for establishing the quantities normally
produced; whereas in certain wine-producing regions, and
in particular in those where the wines are also intended
for the production of wine spirits, a situation of increased
imbalance has arisen because the total production of wine
has remained stable while traditional uses have decreased;
whereas, in order to encourage wine-producers to stabilise
the quantity
their production,
normally produced should also take account of efforts to
stabilise production by abandoning land; whereas, there-
fore, Article 8 of
that Regulation should be adjusted
accordingly;

the determination of

Article 1

The following subparagraph is added to Article 8(3) of
Regulation (EEC) No 3105/88:

‘With effect from the 1998/99 wine year, notwith-
standing the previous subparagraph, and with regard to
wine produced from grapes classified for the same
administrative unit as both wine-grape varieties and
varieties intended for the production of wine spirits,
Member States shall be authorised, where the producer
has received with effect from the 1997/98 wine year
the permanent abandonment premium referred to in
Council Regulation (EEC) No 1442/88 (*) for part of
the wine-growing area of the holding, to maintain the
quantity normally produced at the level attained prior
to grubbing-up for the five wine years following that
of the grubbing-up.

(*) OJ L 132, 28. 5. 1998, p. 3.’

Article 2

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Wine,

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, 26 January 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 84, 27. 3. 1987, p. 1.
(2) OJ L 292, 25. 10. 1997, p. 1.
(3) OJ L 277, 8. 10. 1988, p. 21.
(4) OJ L 241, 10. 10. 1995, p. 17.