CELEX: 31976R3148
Language: en
Date: 1976-12-23 00:00:00
Title: Commission Regulation (EEC) No 3148/76 of 23 December 1976 on preventive distillation for the wine-growing year 1976/77

No L 354/20                                Official Journal of the European Communities                              24 . 12 . 76
                                       COMMISSION REGULATION ( EEC) No 3148 /76
                                                         of 23 December 1976
                               on preventive distillation for the wine-growing year 1976/77
THE COMMISSION OF THE EUROPEAN                                         sion should be made for approval to be in principle
 COMMUNITIES,                                                          withdrawn from the distiller ; save in case of force
                                                                        majeure or inevitable accidents, he fails to fulfil his
 Having regard to the Treaty establishing the European                 obligations ;
 Economic Community,
 Having regard to Council Regulation ( EEC) No                         Whereas the intervention agencies referred to in
 816/70 of 28 April 1970 laying down additional provi­                 Article 6 of Regulation ( EEC) No 1931 /76 and the
sions for the common organization of the market in                     Commission should be informed of the progress of
wine ('), as last amended by Regulation (EEC) No                       the distillation operations and should in particular be
 2842/76 (2), and in particular Articles 6b (4) and 35                 informed of the quantities of wine distilled and of the
thereof,                                                               quantities of alcohol obtained ;
Whereas Article 6b ( 1 ) of Regulation (EEC) No                        Whereas the measures provided for in this Regulation
816/70 provides that preventive distillation may be                    are in accordance with the opinion of the Manage­
decided on whether the quantity of table wines of all                  ment Committee for Wine ,
types under storage contracts exceeds 10 million
 hectolitres ; whereas this level has recently been
exceeded ; whereas it therefore seems advisable to
implement this measure, in view of the general situa­                  HAS ADOPTED THIS REGULATION :
tion on the wine market which is still in surplus ;
Whereas preventive distillation should be carried out                                          Article 1
in accordance with the provisions of Council Regula­
tion (EEC) No 1931 /76 of 20 July 1976 laying down                     Distillation as provided for in the first subparagraph
general rules governing the distillation of wines                     of Article 6b ( 1 ) of Regulation (EEC) No 816/70 is
provided for in Articles 6b, 6c, 24a and 24b of Regula­               hereby authorized for the wine-growing year 1976/77
tion (EEC) No 81 6/70 (3), as amended by Regulation                   and shall be effected in accordance with the provi­
( EEC) No 2688/76 (4) ; whereas in accordance with                    sions of Regulation ( EEC) No 1931 /76 and of this
Articles 1 ( 1 ) and 4 of that Regulation time limits                 Regulation .
should be fixed for the submission of applications for
the approval of distillation contracts, for approval by
the intervention agencies and for the distillation opera­                                      Article 2
tions ; whereas under Article 2 of the said Regulation
aid is to be paid in an amount such as will enable the
products obtained to be disposed of ;                                  1 . Applications for approval of the contracts
                                                                      referred to in Article 1 of Regulation (EEC) No
Whereas it is also necessary to specify the additional                 1931 /76 shall be submitted before 28 February 1977.
particulars that must be contained in distillation
contracts ;                                                           2. The intervention agency as referred to in Article
                                                                      6 of Regulation ( EEC) No 1931 /76 shall notify the
Whereas the arrangements for the payment of aid set                   result of the application for approval to the
out in Article 3 of Regulation ( EEC) No 1931 /76                     contracting parties not later than 15 days after receipt
provide for the aid to be paid to the producer in two                 thereof, and in any case before 15 March 1977.
instalments ; whereas payment of the second instal­
ment should be made within a limited period, so as to                 3.     Distillation operations shall take place between 1
ensure that the producer receives the entire amount of                January 1977 and 31 July 1977.
the aid ; whereas, therefore, provision should be made
for payment to be effected not more than 30 days
after distillation ;                                                                           Article J
Whereas technical requirements for the approval of
distiller should be laid down ; whereas, further, provi                1 . The contracts referred to in Article 1 of Regula­
                                                                      tion ( EEC) No 1931 /76 shall contain the following
(')  OJ No  L  99 , 5 . 5 . 1970 , p. I.                              particulars :
(')  OJ No  L  .127, 26 . II . 1976, p. 2 .
(3 ) OJ No  L  21 1 , 5 . X. 1976, p. 5 .                             (a) the quantity, colour and actual alcoholic strength
(4 ) OJ No  L  304, 6 . 1 I. 1976, p. 2 .                                  of the wine to be distilled ,
 ---pagebreak--- 24. 12 . 76                           Official Journal of the European Communities                        No L 354/ 21
(b)   the  name and address of the producer,                                             Article 5
(c)   the  place of storage of the wine,
                                                                 1 . To obtain approval within the meaning of
(d)   the  name of the distiller or the business name of         Article 5 of Regulation ( EEC) No 1931 /76, distillers
    1 the  distillery,                                           must be capable of processing wine into a product
(e)   the  address of the distillery.                            with an alcoholic strength of 86° or more or a
2.      ' Distiller' means the party for whom the distilla­      product with an alcoholic strength of 85° or less.
tion is carried out.
                                                                 2. Approval shall be withdrawn if the distiller,
                                                                 except in the event of force majeure or inevitable acci­
                           Article 4
                                                                 dent, does not pay the purchase price to the producer
 1 . The purchase price as fixed in the second subpa­            or fails to fulfil the obligations incumbent on him
ragraph of Article 6b (2) of Regulation (EEC) No                 pursuant to Community provisions.
816/70 shall be 1-25 units of account per degree per
hectolitre .                                                                             Article 6
2. The amount of the aid provided for in Article 2               1.    Member States shall inform the Commission not
of Regulation (EEC) No 1931 /76 shall be :
                                                                 later than 15 April 1977 of the quantities of wine
— 0-71 unit of account per degree per hectolitre if              specified in approved distillation contracts.
      the wine is processed into a product as referred to
      in the first indent of Article 2 (3) of the said Regu­     2. Distillers shall send to the intervention agency
      lation ;                                                   not later than the tenth day of each month a return of
— 0-63 unit of account per degree per hectolitre if              the quantities of wine distilled during the previous
      the wine is processed into a product as referred to        month, stating the quantities, expressed in pure
      in the second indent of Article 2 (3) of the said          alcohol , of the products obtained, and making a
      Regulation .                                               distinction between those referred to in       the first
                                                                 indent of Article 2 (3) of Regulation (EEC) No
3 . The payments referred to in Article 3 (2) and (3)            1931 /76 and those referred to in the second indent of
of Regulation (EEC) No 1931 /76 shall be made not                Article 2 (3) of that Regulation .
later than 30 days after the conditions laid down have
been complied with .                                             3 . Member States shall inform the Commission , by
                                                                 telex, not later than the twentieth day of each month
4. In the case referred to in Article 3 (5) of Regula­
                                                                 in respect of the previous month , of the quantities of
tion (EEC) No 1931 /76, payment of the minimum                   wine distilled and the quantities expressed . in pure
purchase price shall be made not later than 30 days              alcohol, of the products they have obtained, making
after the total quantity of wine specified in the                the distinction specified in paragraph 2 above.
contract has been taken into the distillery.
5. In the case referred to in Article 3 (6) of Regula­           4.    Member States shall, not later than 30 June
tion (EEC) No 1931 /76, payment of the minimum                   1977, notify particulars of all cases of distillers who
purchase price shall be made not later than 30 days              have failed to fulfil their obligations and of the
after the total quantity of wine specified in the                measures taken in consequence .
contract has been distilled . Where the competent
intervention agency of a Member State has not                                            Article 7
decided to make general use of the facility -provided
for in the said Article 3 (6), the distiller must first          This Regulation shall enter into force on the third day
obtain the producer's agreement before making use of             following its publication in the Official Journal of
that facility.                                                   the European Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member /
                  States .
                  Done at Brussels, 23 December 1976 .
                                                                           For the Commission
                                                                             P.J. LARDINOIS
                                                                       Member of the Commission