CELEX: 31977R2205
Language: en
Date: 1977-10-05 00:00:00
Title: Commission Regulation (EEC) No 2205/77 of 5 October 1977 on preventive distillation for the wine-growing year 1977/78

6. 10 . 77                              Official Journal of the European Communities                         No L 255/ 11
                                     COMMISSION REGULATION (EEC) No 2205/77
                                                      of 5 October 1977
                              on preventive distillation for the wine-growing year 1977/78
THE COMMISSION OF THE EUROPEAN                                     sion should be made for approval to be in principle
COMMUNITIES,                                                      withdrawn from distillers, save in case of force
                                                                   majeure or inevitable accident, where they fail to fulfil
Having regard to the Treaty establishing the European              their 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 (1), as last amended by Regulation (EEC) No                   the distillation operations and should in particular be
 1 679/77 (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 Management Committee for Wine has
816/70 provides that preventive distillation may be                not delivered an opinion within the time limit set by
decided on where the quantity of table wines of all                its chairman,
types under storage contracts is equal to or exceeds 7
million hectolitres ; whereas this level has largely 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 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 1977/78
tion (EEC) No 81 6/70 (3), as last amended by Regula­             and shall be effected in accordance with the provi­
tion (EEC) No 1 675/77 (4) ; whereas in accordance                 sions of Regulation (EEC) No 1931 /76 and of this
with 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 1 February 1978 .
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 February 1978 .
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
ensure that the producer receives the entire amount of             15 October 1977 and 31 July 1978 .
the aid in good time ; whereas, therefore, provision
should be made for payment to be effected not more
than 30 days after distillation ;                                                          Article 3
Whereas technical requirements for the approval of
distillers 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. 1 .                             particulars :
(2) OJ  No  L  187, 27. 7. 1977, p. 15.
(3) OJ  No  L  211 , 5. 8 . 1976, p. 5.                           (a) the quantity, colour and actual alcoholic strength
(4) OJ  No  L  187, 27. 7. 1977, p. 3 .                                of the wine to be distilled :
 ---pagebreak--- No L 255/ 12                        Official Journal of the European Communities                             6. 10. 77
(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
    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 distillation       product with an alcoholic strength of 85° or less.
is carried out.
                                                               2. Approval shall be withdrawn, except in the event
                                                               of force majeure or inevitable accident, if the distiller
                         Article 4                             does not pay the purchase price to the producer or
                                                               fails to fulfil the obligations incumbent on him
1 . The purchase price as fixed in the second sub­             pursuant to Community provisions.
paragraph of Article 6b (2) of Regulation (EEC) No
816/70 shall be 1-24 units of account per degree per
hectolitre.                                                                             Article 6
2. The amount of the aid provided for in Article 2             1 . Distillers shall send to the intervention agency
of Regulation (EEC) No 1931 /76 shall be :                     not later than the 10th day of each month a return of
— 0-80 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 in         month, stating the quantities, expressed in pure
the first indent of Article 2 (3) of the said Regulation ;     alcohol, of the products obtained, and making a
                                                               distinction between those referred to in the first
— 0-70 unit of account per degree per hectolitre if
                                                               indent of Article 2 (3) of Regulation (EEC) No
the wine is processed into a product as referred to in         1931 /76 and those referred to in the second indent
the second indent of Article 2 (3) of the said Regula­         thereof.
tion .
3. The payments referred to in Article 3 ( 1 ) and (3)         2. Member States shall inform the Commission, by
of Regulation (EEC) No 1931 /76 shall be made not              telex, not later than the 20th day of each month in
later than 30 days after the conditions laid down have         respect of the previous month, of :
been complied with.                                            — the quantities of wine specified in approved distil­
                                                                    lation contracts,
4.     In the case referred to in Article 3 (5) of Regula­
tion (EEC) No 1931 /76, payment of the minimum                 — the quantities of wine distilled and the quantities,
purchase price shall be made not later than 30 days                 expressed in pure alcohol, of the products they
after the total quantity of wine specified in the                   have obtained, making the distinction specified in
contract has been taken into the distillery.                        paragraph 1 above.
5. In the case referred to in Article 3 (6) of Regula­         3 . Member States shall, not later than 31 August
tion (EEC) No 1931 /76, payment of the minimum                 1978, 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, 5 October 1977.
                                                                          For the Commission
                                                                           Finn GUNDELACH
                                                                              Vice-President