CELEX: 31976R2078
Language: en
Date: 1976-08-23 00:00:00
Title: Commission Regulation (EEC) No 2078/76 of 23 August 1976 laying down for the wine-growing year 1976/77 rules for the distillation pursuant to Article 24b of Regulation (EEC) No 816/70 of wine made from table grapes

No L 233/20                            Official Journal of the European Communities                              24. 8 . 76
                                  COMMISSION REGULATION ( EEC) No 2078/76
                                                     of 23 August 1976
               laying down for the wine-growing year 1976/77 rules for the distillation pursuant
                 to Article 24b of Regulation (EEC) No 816/70 of wine made from table grapes
THE COMMISSION OF THE EUROPEAN                                   distillation ; whereas it is therefore necessary to pay
COMMUNITIES,                                                     aid and to fix the amount thereof on the basis of
                                                                 normal costs at a level which will permit the
Having regard to the Treaty establishing the European            marketing of the products obtained ;
Economic Community,
Having regard to Council Regulation (EEC) No                     Whereas technical criteria for the approval of distillers
816/70 of 28 April 1970 laying down additional provi­            should be laid down ; whereas it is also necessary to
sions for the common organization of the market in               provide for cases in which approval should in prin­
wine ('), as last amended by Regulation (EEC) No                 ciple be withdrawn from the distiller in the event of
11 67/76 (2), and in particular Article 24b (4) thereof,         default by the latter, with the exception of cases of
                                                                  force majeure or accident ;
Having regard to Council Regulation (EEC) No
557/76 of 15 March 1976 on the exchange rates to be              Whereas the intervention agencies referred to in
applied in agriculture and repealing Regulation (EEC)            Article 6 of Regulation (EEC) No 1931 /76 and the
No 475/75 (3), as amended by Regulation (EEC) No                  Commission must be informed of the progress of the
 1 020/76 (4), and in particular Article 3 ( 1 ) thereof,        distillation operations and must know in particular
                                                                  the quantities of table wine distilled and the quantities
Whereas it is necessary, in order to facilitate the               of alcohol obtained ;
control measures, to lay down time limits for the
lodging of applications for approval in accordance
with the second subparagraph of Article 1 ( 1 ) of                Whereas a method should be laid down for deter­
Council Regulation (EEC) No 1931 /76 of 20 July                   mining the proportion of wine obtained from table
 1976 laying down general rules relating to the wine              grapes to be distilled pursuant to the second subpara­
distillation operations provided for in Articles 6b, 6c,         graph of Article 24b (4) of Regulation (EEC) No
24a and 24b of Regulation (EEC) No 81 6/70 (5), for               816/ 70 ;
the approval itself and for the distillation in question ;
Whereas parties who have applied to enter into a                  Whereas Article 3 of Commission Regulation (EEC)
distillation contract must be informed in good time of            No 571 /76 of 15 March 1976 laying down detailed
the outcome of their applications ;                               rules for the application of Council Regulation (EEC)
                                                                  No 557/76 on the exchange rates to be applied in agri­
Whereas the information to be given in distillation               culture and repealing Regulation (EEC) No 475/75 (6),
contracts should be specified ;                                   as last amended by Regulation (EEC) No 1 026/76 (7),
                                                                  provides that, with regard to the distillation of the
Whereas, under the procedure for payment of aid laid              by-products of wine-making, a coefficient is to be
down in Article 3 of the above Regulation , the                   applied in Italy from 1 September until 15 December
producer receives the aid in two instalments ; whereas,            1976 to ensure that the amounts paid in connection
in order to ensure that the producer ultimately                   with that operation remain the same for one harvest ;
 receives the entire amount of the aid , a time limit             whereas the amendments to Regulation (EEC) No
should be laid down for the payment of the second                 816/70 which enter into force on 1 September 1976
instalment ; whereas it should therefore be provided              require that provision to be adjusted ; whereas the
that this should be paid not later than 30 days after             provision in question should also be extended to
distillation ;                                                    apply to the other distillation operations provided for
                                                                  in Articles 24a and 24b of the said Regulation which
                                                                  are carried out under similar economic conditions ;
Whereas the prices of wines intended for distillation
are such that it is not possible, under normal condi­
tions, to market the products obtained following such             Whereas the measures provided for in this Regulation
                                                                  are in accordance with the opinion of the Manage­
(') OJ No L 99, 5 . 5 . 1970, p. 1 .                              ment Committee for Wine ,
(2) OJ No L 135, 24 . 5 . 1976, p . 42.
b) OJ No L 67, 15. 3. 1976, p. 1 .
O OJ No L 115, 1 . 5 . 1976, p. 66 .                              (o) OJ No L 68 , 15 . 3 . 1976, p . 1 .
(5) OJ No L 211 , 5 . 8 . 1976, p. 5 .                            ( 7) OJ No L 1 1 6, 3 . 5 . 1 976, p. 1 .
 ---pagebreak--- 24 . 8 . 76                           Official Journal of the European Communities                           No L 233 / 21
HAS ADOPTED THIS REGULATION :                                   buying-in price shall be effected not later than 30
                                                                days after the total quantity of wine indicated in the
                                                                contract has been distilled . Where the relevant inter­
                           Article 1
                                                                vention agency of a Member State has not decided to
This Regulation lays down for the wine-growing year             give general application to the provision contained in
1976/77 detailed rules for the distillation pursuant to         the said Article 3 (6), the distiller may apply that provi­
Article 24b of Regulation (EEC) No 816/70 of wine               sion only after ascertaining that the producer is in
made from table grapes.                                         agreement.
                           Article 2                                                      Article 4
1 . The intervention agency referred to in Article 6             1 . In order to be approved within the meaning of
of Regulation (EEC) No 1931 /76 shall inform the                Article 5 of Regulation (EEC) No 1931 /76, distillers
contracting parties, not later than two weeks after             must be capable of processing the wine into a product
receipt of the application for approval of a distillation       of an alcoholic strength of 86° or over, or into a
contract, of the result of the application .                    product of an alcoholic strength of 85° or less.
                                                                                                              /
2.       Every contract shall state :                           2. Approval shall be withdrawn , except in cases of
                                                                force majeure or unavoidable accident, if the distiller
(a) the quantity, colour and actual alcoholic strength          does not pay the producer the buying-in price or if he
     of the wines to be distilled ;
                                                                does not fulfil his obligations under Community provi­
(b) the name and address of the producer ;                      sions.
(c) the place where the wine is stored ;
(d) the name of the distiller or the business name of                                     Article 5
    the distillery ;
(e) the address of the distillery.                               For the^ purposes of the second subparagraph of
                                                                 Article 24b (4) of Regulation ( EEC) No 816/70,
3.      ' Distiller' means the person on whose account           Member States shall determine , on the basis of the
distillation is carried out .                                    results of the last six wine-growing years prior to the
                                                                year 1976/ 77, the proportion to be distilled in respect
                           Article 3                             of wines produced from varieties listed in the classifi­
                                                                 cation for a particular administrative unit both as wine
 1 . The buying-in price, as determined in accor­               grapes and table grapes.
dance with the second subparagraph of Article 24b (2)
of Regulation (EEC) No 816/70, shall be M6 units of                                       Article 6
account per degree per hectolitre.
                                                                 Member States shall take such measures as are neces­
2. The amount of the aid provided for in Article 2
of Regulation (EEC) No 1931 /76 shall be :                       sary to ensure that the provisions of this Regulation
                                                                 are applied and in particular shall institute controls to
— 0-62 unit of account per degree per hectolitre if              prevent wine made from table grapes from being used
     the wine has been processed into a product speci­           for purposes other than distillation . Member States
     fied in the first indent of Article 2 (3) of the said       may to this end provide that such wine-making be
     Regulation ,                                                carried out separately and that an indicator be used .
— 0-54 unit of account per degree per hectolitre if
     the wine has been processed into a product speci­                                    Article 7
     fied in the second indent of Article 2 (3) of the
     said Regulation .                                           Article 3 of Regulation ( EEC) No 571 /76 is amended
                                                                 to read as follows :
3 . The payments required under Article 3 (2) and
(3) of Regulation (EEC) No 1931 /76 shall be effected                The amounts to be paid under Articles 24, 24a
 not later than 30 days after fulfilment of the condi­               and 24b of Regulation ( EEC) No 816/70 shall ,
 tions .                                                             from 1 September until 15 December 1976, in
                                                                     respect of Italy, be multiplied by the coefficient
4.       In the case referred to in Article 3 (5) of Regula­          1-12369 :
 tion (EEC) No 1931 / 76, payment of the minimum
 buying-in price shall be effected not later than 30
days after the total quantity of wine indicated in the                                    Article 8
 contract has entered the distillery.
                                                                  1.    Member States shall inform the Commission , by
 5.      In the case referred to in Article 3 (6) of Regula­     30 November 1976 at the latest, of the quantities of
 tion ( EEC) No 1931 /76, payment of the minimum                 wine indicated in approved distillation contracts.
 ---pagebreak--- No L 233/22                        Official Journal of the European Communities                            24. 8 . 76
2.    Distillers shall send to the intervention agency,       distilled and of the quantities, expressed as pure
not later than the 10th of each month, a return of the        alcohol, of products so obtained, distinguishing
quantities of table wine distilled during the previous        between them as provided in paragraph 2 hereof.
month, indicating the quantities, expressed as pure           4. Member States shall before 1 July 1977 inform
alcohol, and products obtained by them, distin­               the Commission of any cases in which distillers have
guishing those referred to in the first indent of Article     not fulfilled their obligations and of the measures
2 (3) of Regulation (EEC) No 1931 /76 from those              taken as a result .
referred to in the second indent of that paragraph .
                                                                                     Article 9
3.    Member States shall inform the Commission by
telex, not later than the 20th of each month in respect       This Regulation shall enter into force on 1 September
of the previous month , of the quantities of wine           • 1976 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 23 August 1976.
                                                                        For the Commission
                                                                          Henri SIMONET
                                                                           Vice-President