CELEX: 31990R3880
Language: en
Date: 1990-12-19 00:00:00
Title: Commission Regulation (EEC) No 3880/90 of 19 December 1990 derogating for the 1990/91 wine year from Regulation (EEC) No 2721/88 in regard to the date of submission for approval of contracts for preventive distillation and amending Regulation (EEC) No 2273/90 introducing preventive distillation as provided for in article 38 of Council Regulation (EEC) No 822/87 for the 1990/91 wine year

29 . 12. 90                              Official Journal of the European Communities                          No L 367/ 123
                                      COMMISSION REGULATION (EEC) No 3880/90
                                                     of 19 December 1990
                  derogating for the 1990/91 wine year from Regulation (EEC) No 2721/88 in
                  regard to the date of submission for approval of contracts for preventive
                  distillation and amending Regulation (EEC) No 2273/90 introducing preventive
                  distillation as provided for in Article 38 of Council Regulation (EEC) No 822/87
                                                   for the 1990/91 wine year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         comparable results for the entire Community, the above­
                                                                    mentioned percentage should therefore be adjusted ;
Having regard to the Treaty establishing the European
Economic Community,                                                 Whereas the measures provided for in this Regulation are
                                                                    in accordance with the opinion of the Management
Having regard to the Act of Accession of Spain arid                 Committee for Wine,
Portugal,
Having regard to Council Regulation (EEC) No 822/87 of              HAS ADOPTED THIS REGULATION :
 16 March 1987 on the common organization of the
market in wine ('), as last amended by Regulation (EEC) '
No 1325/90 (2), and in particular Article 38 (5) thereof,                                     Article 1
Whereas Article 6 of Commission Regulation (EEC) No                 By derogation from the first subparagraph of Article 6 (1 )
2721 /88 of 31 August 1988 laying down detailed rules for           of Regulation (EEC) No 2721 /88 contracts and declara­
voluntary distillation as provided for in Articles 38, 41           tions for the preventive distillation operation opened for
and 42 of Regulation (EEC) No 822/87 (3), as amended by             the 1990/91 wine year by Commission Regulation (EEC)
Regulation (EEC) No 2355/89 (4), stipulates that distilla­          No 2273/90 may be submitted to the competent agency
tion contracts and declarations are to be submitted for
                                                                    for approval up to 31 January 1991 .
approval no later than four months after the opening for
the particular wine year of the distillation operation in
question ; whereas for the 1990/91 wine year this time                                        Article 2
 limit is, owing to market uncertainty following a much
 lower than average harvest, too short for the preventive           The percentage of 19 shown in the second subparagraph
 distillation operation opened on 1 September 1990 ;                of Article 1 (1 ) of Regulation (EEC) No 2273/90 is hereby
whereas it should be put back ;                                     replaced by 30.
Whereas Article 1 (2) of Regulation (EEC) No 2273/90 (*)
 limits to 19 % of their table-wine production the quantity                                   Article 3
which producers in the Spanish part of the wine-growing
 zones may have distilled ; whereas this percentage is based        This Regulation shall enter into force on the day of its
 on hypothetical yields in Spanish wine-growing areas               publication in the Official Journal of the European
 which have been far exceeded : whereas, in order to have            Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                    Done at Brussels, 19 December 1990.
                                                                              For the Commission
                                                                               Ray MAC SHARRY
                                                                         Member of the Commission
  (') OJ No  L 84, 27. 3. 1987, p. 1 .
  P)  OJ No  L 132, 23. 5. 1990, p. IS
   3  OJ No  L 241 , 1 . 9. 1988, p. 88.
  4   OJ No  L 222, 1 . 8. 1989, p. 60.
  m   OJ No  L 204, 2. 8. 1990, p. 49.