CELEX: 31977R1675
Language: en
Date: 1977-07-19 00:00:00
Title: Council Regulation (EEC) No 1675/77 of 19 July 1977 amending Regulation (EEC) No 1931/76 as regards the detailed rules for payments concerning the distillation of wines

27 . 7 . 77                              Official Journal of the European Communities                            No L 187/3
                                         COUNCIL REGULATION (EEC) No 1675/77
                                                          of 19 July 1977
                amending Regulation (EEC) No 1931 /76 as regards the detailed rules for
                                         payments concerning the distillation of wines
 THE COUNCIL OF THE EUROPEAN                                             the producer at least the difference between the
 COMMUNITIES,                                                            minimum buying-in price referred to in Article 1
                                                                         (2) (b) and the aid provided for in Article 2.
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                         2. Within two weeks of entry into the distillery
 Having regard to Council Regulation (EEC) No                            of the total quantity of wine in the contract, the
 816/70 of 28 April 1970 laying down additional provi­                   intervention agency shall pay the producer an
 sions for the common organization of the market in                      amount equal to 30 % of the minimum buying-in
 wine (! ), as last amended by Regulation (EEC) No                       price referred to in Article 1 (2) (b) to be deducted
 528/77 (2), and in particular Articles 6b (3), 6c (3), 24a              from the aid provided for in Article 2. In no case
(5) and 24b (3) thereof,                                                 may this amount be greater than the said aid.
 Having regard to the proposal from the Commission,
Whereas Article 3 ( 1 ) of Council Regulation (EEC) No                   3 . When proof is supplied that the total quan­
 1931 /76 of 20 July 1976 laying down general rules                      tity of wine in the contract has been distilled, the
governing the distillation of wines provided for in Arti­                intervention agency shall pay the producer the
cles 6b, 6c, 24a and 24b of Regulation (EEC) No                          difference between the aid provided for in Article
81 6/70 (3), as amended by Regulation (EEC) No                           2 and the amount referred to in paragraph 2.
2688 /76 (4), provides that the intervention agency shall
pay producers, within two weeks of approval of the
                                                                        4. Member States may provide that the amount
contract to supply wines, an amount equal to 30 % of
                                                                         referred to in paragraph 2 shall be paid :
the minimum buying-in price, to be deducted from
the aid ;
                                                                        — by the intervention agency to the producer
Whereas the application of this provision has revealed                       within two weeks of approval of the contract,
the risk that this amount may be collected by
producers who do not subsequently abide by the                          — by the distiller.
undertaking to carry out distillation ; whereas for this
reason the mechanism for payment of the aid should
                                                                         In the latter case the intervention agency shall
be changed to avoid the intervention agencies having                    reimburse this amount to the distiller when the
to recover under difficult conditions amounts improp­
                                                                        proof referred to in paragraph 3 is supplied .
erly paid ;
Whereas it should be specified that, where the
amount of the aid does not reach 30 % of the                            5.     Where distillation takes place in a Member
                                                                        State, other than the Member State where the
minimum buying-in price, the advance to be paid by
the intervention agency to the producer should be                       producer is located, the minimum buying-in price
limited to the amount of the aid,                                       referred to in Article 1 (2) (b) shall be paid by the
                                                                        distiller.
HAS ADOPTED THIS REGULATION :
                                                                        6.     By way of derogation from paragraphs 1 to 4,
                                                                        the minimum buying-in price may be paid by the
                              Article 1                                 intervention agency or the distiller in one
                                                                        payment after distillation of the total quantity of
Article 3 of Regulation (EEC) No 1931 /76 shall be                      wine appearing in the contract.'
replaced by the following :
     'Article 3
     1 . When the total quantity of wine in the                                              Article 2
     contract enters the distillery, the distiller shall pay
(') OJ   No  L 99, 5 . 5. 1970 , p . 1 .                            This Regulation shall enter into force on the third day
(2) OJ   No  L 69, 16. 3 . 1977, p. 1 .
(3) OJ   No  L 211 , 5 . 8 . 1976, p. 5.                            following its publication in the Official Journal of
(4  OJ   No  L 304, 6 . 11 . 1976, p. 2.                            the European Communities.
 ---pagebreak--- No L 187/4                    Official Journal of the European Communities                        27 . 7. 77
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 19 July 1977.
                                                                    For the Council
                                                                      The President
                                                                      A. HUMBLET