CELEX: 31976R1931
Language: en
Date: 1976-07-20 00:00:00
Title: Council Regulation (EEC) No 1931/76 of 20 July 1976 laying down general rules governing the distillation of wines provided for in Articles 6b, 6c, 24a and 24b of Regulation (EEC) No 816/70

5. 8 . 76                            Official Journal of the European Communities                              No L 211 /5
                                    COUNCIL REGULATION (EEC) No 1931 /76
                                                       of 20 July 1976
                laying down general rules governing the distillation of wines provided for in
                           Articles 6b, 6c, 24a and 24b of Regulation (EEC) No 816/70
THE COUNCIL OF THE EUROPEAN                                      HAS ADOPTED THIS REGULATION :
COMMUNITIES,
Having regard to the Treaty establishing the European                                      Article 1
Economic Community,
                                                                  1 . Producers undertaking the distillation of wine
Having regard to Council Regulation (EEC) No                     pursuant to Articles 6b, 6c, 24a and 24b of Regulation
816/70 of 28 April 1970 laying down additional provi­            (EEC) No 816/70 shall conclude contracts for the
sions for the common organization of the market in               delivery of wine with an approved distiller before a
                                                                 date to be fixed .
wine ('), as last amended by Regulation (EEC) No
 1 167/76 (2), and in particular Articles 6b (3), 6c (3), 24a
(5) and 24b (3) thereof,                                         These contracts shall not be valid unless approved by
                                                                 the intervention agency before a date to be fixed.
Having regard to the proposal from the Commission,
                                                                 2.     These contracts shall cover :
Whereas the conditions should be laid down under                 (a) the purchase by the distiller of the quantity of
which the distillation operations provided for in Arti­               wine entered in the contract ;
cles 6b, 6c, 24a and 24b of Regulation (EEC) No
816/70 are to be carried out ;                                   (b) the obligation on the distiller to process the wine
                                                                      into a product with an alcoholic strength of 86° or
                                                                      more, or into a product with an alcoholic strength
Whereas the different prices for wines for distillation               of 85° or less and to pay for it at least the price
laid down in the aforementioned Articles normally                     referred to in Articles 6b (2), 6c (2), 24a (3) or 24b
render it impossible to market the products of distilla­              (2) of Regulation (EEC) No 816/70, as appropriate,
tion at market prices ; whereas it is therefore necessary             such price being applicable to unpacked goods ex
to determine the criteria for fixing the amount of aid                producer's premises.
so as to enable the products obtained to be disposed
of ;
                                                                                           Article 2
Whereas provision should be made for the minimum
price guaranteed to the producer to be paid to him, as            1.    For each hectolitre of wine distilled the interven­
a general rule, within time limits which will enable              tion agency shall pay an aid.
him to obtain a profit comparable to that which he
would have obtained from a commercial sale ;
                                                                  2.    The amount of the aid shall be fixed on the basis
                                                                 of the minimum buying-in price referred to in Article
Whereas provision should be made for producers to                 1 (2) (b), the standard processing costs and the price of
conclude contracts with distillers subject to approval           products obtained by distillation so as to enable these
by the intervention agency, in order to facilitate the            products to be disposed of.
control of the sequence of operations and of the obser­
vance of the obligations on both parties ; whereas this
system would have the added advantage of making it               3 . The amount of aid granted shall vary depending
easier to monitor the quantitative effects of distillation       on whether the products of distillation have an alco­
on the market ;                                                  holic strength of :
                                                                 — 86       or more , or
Whereas in order to ensure appropriate control of the            — 85° or less .
distillation provided for in Articles 6b, 6c, 24a and
24b of Regulation (EEC) No 816/70, distillers should
be subject to a system of approval,                               However, the amount of aid granted for products with
                                                                 an alcoholic strength of 85° or less may not exceed
(•) OJ No L 99, 5. 5. 1970, p. 1 .                               the amount of aid granted for products with an alco­
(2) OJ No L 135, 24 . 5. 1976, p . 42.                           holic strength of 86° or more.
 ---pagebreak--- No L 211 /6                         Official Journal of the European Communities                               5 . 8 . 76
                        Article 3                             vention agency or the distiller in one payment after
                                                              distillation of the total quantity of wine appearing in
1 . Within two weeks of approval of the contract the          the contract.
intervention agency shall pay the producer an amount
equal to 30 % of the minimum buying-in price                                              Article 4
referred to in Article 1 (2) (b) to be deducted from the
aid provided for in Article 2.                                 Distillation shall take place during periods to be fixed.
2. When the total quantity of wine in the contract
                                                                                          Article 5
is delivered to the distillery, the distiller shall pay the
producer at least the difference between the minimum           For the purposes of this Regulation an approved
buying-in price referred to in Article 1 (2) (b) and the      distiller means a distiller included on a list to be
aid provided for in Article 2.                                compiled by the competent authorities of the Member
3.     When proof is supplied that the total quantity of      States. Under the conditions to be laid down as part of
wine in the contract has been distilled the interven­          the implementing arrangements, approval may be
tion agency shall pay the producer the difference             withdrawn by these authorities from distillers who do
between the aid provided for in Article 2 and the              not fulfil their obligations under this Regulation.
amount referred to in paragraph 1 .
                                                                                          Article 6
4. Member States may provide that the amount
referred to in paragraph 1 shall be paid by the                1 . Member States shall appoint an intervention
distiller. In such cases the intervention agency shall         agency to be responsible for implementing this Regu­
reimburse this amount to the distiller when the proof          lation .
referred to in paragraph 3 is supplied .                       2. The intervention agency responsible shall in
5. Where distillation takes place in a Member State            every case be that located on the territory where distil­
other than the Member State where the producer is              lation takes place.
located, the minimum buying-in price referred to in
Article 1 (2) (b) shall be paid by the distiller.                                          Article 7
6. Notwithstanding paragraphs 1 and 4, the                     This Regulation shall enter into force on 1 September
minimum buying-in price may be paid by the inter­              1976 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 20 July 1976 .
                                                                              For the Council
                                                                                The President
                                                                        A. P. L. M. M. van der STEE