CELEX: 31978R1862
Language: en
Date: 1978-07-25 00:00:00
Title: Council Regulation (EEC) No 1862/78 of 25 July 1978 amending for the second time Regulation (EEC) No 1930/76 on the distillation of the by-products of wine-making

No L 215/ 14                        Official Journal of the European Communities                                 4. 8 . 78
                                     COUNCIL REGULATION (EEC) No 1862/78
                                                     of 25 July 1978
              amending for the second time Regulation (EEC) No 1930/76 on the distillation of the
                                               by-products of wine-making
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        where application of the fixed price leads to the
                                                                 difficulties referred to above ;
Having regard to the Treaty establishing the
European Economic Community,                                     Whereas recourse to this option must not increase
                                                                 the expenditure incurred by the intervention agency
                                                                 and, hence, by the European Agricultural Guidance
Having regard to Council Regulation (EEC) No                     and Guarantee Fund; whereas it is therefore
816/70 of 28 April 1970 laying down additional                   necessary to correlate the prices differentiated
provisions for the common organization of the                    depending on the origin of the alcohol and the fixed
market in wine (*), as last amended by Regulation                price; whereas this correlation must be such that the
(EEC) No 1861 /78 (2), and in particular Article 24 (6)          weighted average of the prices differentiated
thereof,                                                        depending on the origin of the alcohol is not more
                                                                than the fixed price,
Having regard to the proposal from the Commission,
                                                                 HAS ADOPTED THIS REGULATION :
Whereas Council Regulation (EEC) No 1930/76 of 20
July 1976 on the distillation of the by-products of
wine-making (3), as amended by Regulation (EEC)
No 1676/77 (4), provides that the price to be paid by                                     Article 1
intervention agencies to the distiller shall be fixed
annually by the Council on the basis of certain costs
and of technical losses ; whereas this price may be              The following subparagraph is hereby added to
differentiated according to whether marc, lees or                Article 3 (2) of Regulation (EEC) No 1930/76:
wine is distilled in order to take into account, where
necessary, the differing costs and losses ;
                                                                      '2.   The price of the alcohol from wine
                                                                      deliveries shall be fixed as a single price on the
Whereas a fixed price is satisfactory in several regions              basis of :
of the Community; whereas however in other regions
the relation between quantities of marc and those of                  — the cost of distillation,
wine and lees is such that the average distillation
costs differ from those used to calculate the fixed                  — the cost of transport,
price; whereas this situation makes or risks making it
economically impossible in certain of these regions to              — technical losses.
achieve the objective of the obligation to distil the
by-products of wine-making;
                                                                     However, it may be differentiated according to
                                                                     whether marc, lees or wine are distilled, in order
Whereas it is therefore essential to provide for the                 to take into account, where necessary, the
possibility that a fixed price be established at the                 differing costs and losses.
same time as prices differentiated depending on the
origin of the alcohol, while leaving it to the Member                In the case referred to in the second subparagraph
States to decide whether to apply the latter in regions
                                                                     above, differentiated prices shall be set at the
                                                                     same time as the fixed price. Member States may
                                                                     decide to apply differentiated prices where
 (») OJ No L 99, 5. 5. 1970, p. 1 .                                  application of the fixed price makes or threatens
(2) See page 1 of this Official Journal.                             to make it impossible in some regions of the
 (>) OJ No L 211, 5. 8. 1976, p. 1 .                                 Community to distil one or more of the
 (4) OJ No L 187, 27. 7. 1977, p. 5.                                 by-products of wine-making. The prices fixed for
 ---pagebreak--- 4. 8 . 78                            Official Journal of the European Communities                        No L 215/ 15
      alcohol derived from the various by-products                                    Article 2
      shall be such that their weighted average does not
      exceed the price of the alcohol from wine                 This Regulation shall enter into force on 1 September
      deliveries referred to in paragraph 1 above.'             1978 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 25 July 1978 .
                                                                                    For the Council
                                                                                     The President
                                                                                        J. ERTL