CELEX: 31979R0130
Language: en
Date: 1979-01-25 00:00:00
Title: Commission Regulation (EEC) No 130/79 of 25 January 1979 on the granting of aid for concentrated grape must used in wine-making during the 1978/79 wine year

26. 1 . 79                            Official Journal of the European Communities                            No L 19/ 17
                                     COMMISSION REGULATION (EEC) No 130/79
                                                      of 25 January 1979
               on the granting of aid for concentrated grape must used in wine-making during
                                                    the 1978/79 wine year
  THE COMMISSION OF THE EUROPEAN                                  Whereas it is necessary to fix the aid at an amount
  COMMUNITIES,                                                    which takes account of the markeit price for concen­
                                                                   trated grape must ;
  Having regard to the Treaty establishing the European
  Economic Community,
                                                                  Whereas the cost price of grape must used in the
  Having regard to Council Regulation (EEC) No                     production of concentrated grape must depends on its
  816/70 of 28 April 1970 laying down additional provi­            natural alcoholic strength ; whereas the market price
  sions for the common organization of the market in               of grape must with a high natural alcoholic strength
  wine ('), as last amended by Regulation (EEC) No                 potential is higher than that of other musts ; whereas,
  3065/78 (2), and in particular Article 6 (e) (2) thereof,        in order to take this into account, it is essential to
                                                                  graduate the amount of the aid by fixing a higher
  Having regard to Council Regulation (EEC) No                     amount for concentrated musts produced from grape
  878/77 of 26 April 1977 on the exchange rates to be              musts with the highest natural alcoholic strength ;
  applied in agriculture (3), as last amended by Regula­          whereas, since the concentration operations have
  tion (EEC) No 2580/78 (4), and in particular Articles 4          already been carried out, and since it is consequently
  (3) and 5 thereof,                                               no longer possible to check the natural alcoholic
                                                                   strength of the musts used, it is necessary to restrict
  Whereas Article 6 (e) of Regulation (EEC) No 816/70              the higher amount of aid to the regions in the
  provides for the possibility of granting aid for concen­         Community which traditionally produce must with a
  trated grape must produced within the Community                  high natural alcoholic strength ;
  and used to increase the alcoholic strength of wines ;
  Whereas the conditions which have marked the begin­              Whereas Article 4 ( 1 ) of Regulation (EEC) No 878/77
  ning of the 1978/79 wine year call for the application           provides that, as regards the effect on rights and obliga­
  of this enrichment measure provided for in Article 18            tions existing at the moment when a representative
  of Regulation (EEC) No 816/70 ;                                  rate is altered, the provisions in respect of an altera­
                                                                   tion in the relationship between the parity of the
  Whereas enrichment operations by the addition of                 currency of a Member State and the value of the unit
  concentrated grape must and the quantities of that               of account which are contained in Council Regulation
  product which are held must be declared to the                   (EEC) No 1134/68 of 30 July 1968 laying down rules
  competent authorities ; whereas the quantities of                for the implementation of Regulation (EEC) No
  concentrated must which are or which have been used              653/68 on conditions for alterations to the value of
  for enrichment are known ; whereas the retroactive               the unit of account used for the purposes of the
  application of the proposed measure does not there­              common agricultural policy (5) shall apply ;
  fore give rise to difficulties ;
  Whereas in the wine-growing regions where the
  natural alcoholic strength may be increased by the               Whereas, under Article 4 (2) of Regulation (EEC) No
                                                                    1 134/68, sums referred to in the said Article are to be
  addition of saccharose, use of concentrated grape must
  is the exception ; whereas it is therefore appropriate           paid on the basis of the conversion rate applicable at
                                                                   the time when the transaction or part-transaction was
  that producers in the said regions should not receive
  the aid ;                                                        carried out ; whereas under Article 6 of the same Regu­
                                                                   lation the time when a transaction is carried out shall
                                                                   be considered as being the date on which the event, as
  Whereas, in order to give preference to those                    defined by Community rules or, in the absence of and
  producers most severely affected by a bad season, this           pending adoption of such rules, by the rules of the
  aid should be restricted to those producers who are              Member State concerned, occurs which gives entitle­
  able to furnish proof of a yield lower than 70 hecto­            ment to the amount involved in the transaction ;
  litres per hectare ;                                             whereas, however, by virtue of Article 4 (3) of Regula­
                                                                   tion (EEC) No 878/77, derogations may be made from
  (>) OJ  No L 99, 5. 5. 1970, p. 1 .                              the abovementioned provisions ;
: (2) OJ  No L 366, 28. 12. 1978, p. 9.
; (3) OJ  No L 106, 29. 4. 1977, p. 27.
> (<) OJ  No L 309, 1 . 11 . 1978, p. 13.                          (») OJ No L 188, 1 . 8. 1968, p. 1 .
 ---pagebreak---  No L 19/ 18                      Official Journal of the European Communities                            26. 1 . 79
Whereas, pursuant to Article 2a (2) (e) of Regulation       — 116 units of account for concentrated musts origi­
(EEC) No 878/77, the representative rates fixed by the           nating in the Italian part of Zone C III and in
 said Regulation apply from 16 December 1978 in the              Corsica,
wine sector ;                                               — 1-04 units of account for concentrated musts origi­
Whereas it is necessary, in order to avoid any discrimi­         nating in other Community regions.
nation among the operators concerned, to provide for        2.     Conversion    into  national  currency of the
the application of a single representative rate for all     amounts referred to in paragraph 1 shall be carried
payments relating to the enrichment operations              out by means of the representative rates applicable in
referred to in this Regulation ; whereas the enrich­        the wine sector on 15 September 1978 .
ment operations referred to in this Regulation may be
carried out by 31 December 1978 but whereas they
were almost all carried out before 15 December 1978 ;                                Article 3
whereas, therefore, the representative rates used should
be those prevailing in the wine sector on the date           1 . Producers wishing to take advantage of the aid
from which this Regulation is applicable, namely 15         provided for in Article 1 shall apply to the competent
September 1978 ;                                            intervention agency by 15 February 1979 at the latest.
Whereas the measures provided for in this Regulation        2. Before paying aid, the intervention agencies shall
are in accordance with the opinion of the Manage­           satisfy themselves that the conditions laid down in
ment Committee for Wine,                                    Article 1 are fulfilled.
HAS ADOPTED THIS REGULATION :                                                        Article 4
                        Article 1                           The     Member    States  shall   communicate   to    the
                                                            Commission by 15 June 1979 the number of
Aid shall be granted on the terms laid down in this         producers who have received aid, the quantities of
Regulation to producers of wine grapes intended for         wine subjected to enrichment and the quantities of
the production of table wines who are able to furnish       concentrated must used for this purpose expressed in
proof of a yield lower than 70 hectolitres per hectare      degrees of potential alcoholic strength per hectolitre.
from the 1978 harvest and whose holdings are situated
in wine-growing Zone C, with the exception of the
French regions where the increase in the natural alco­                               Article 5
holic strength may be achieved by the addition of
saccharose pursuant to Article 19 (3) of Regulation         The Member States shall designate an intervention
(EEC) No 816/70.                                            agency to be responsible for applying this Regulation.
                       Article 2                                                     Article 6
1 . The amount of aid provided for in Article 1 is          This Regulation shall enter into force on the day
hereby fixed, for concentrated must used in the opera­      following its publication in the Official Journal of
tions described in Articles 18 and 19 of Regulation         the European Communities.
(EEC) No 816/70, in units of account per degree of
potential alcoholic strength per hectolitre at :            It shall be applicable from 15 September 1978 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 25 January 1979 .
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President