CELEX: 31978R0314
Language: en
Date: 1978-02-16 00:00:00
Title: Commission Regulation (EEC) No 314/78 of 16 February 1978 on the distillation for the 1977/78 wine year of wines suitable for producing certain potable spirits obtained from wine with a registered designation of origin

17 . 2. 78                                Official Journal of the European Communities                               No L 46/9
                                      COMMISSION REGULATION ( EEC) No 314/78
                                                        of 16 February 1978
               on the distillation for the 1977/78 wine year of wines suitable for producing
                certain potable spirits obtained from wine with a registered designation of
                                                               origin
THE COMMISSION OF THE EUROPEAN                                       with an alcoholic strength of 86 or more ; whereas
COMMUNITIES,                                                          this provision should be applied, since the market in
                                                                      potable spirits is at present oversupplied and may be
Having regard to the Treaty establishing the European                 disturbed if products with an alcoholic strength of 85°
Economic Community,                                                  or less are produced as a result of these distillation
                                                                      operations ;
Having regard to Council Regulation (EEC) No
816/70 of 28 April 1970 laying down additional provi­                Whereas, in order to allow producers to receive the
sions for the common organization of the market in                   whole of the buying-in price with the minimum
wine ('), as last amended by Regulation (EEC) No                      delay, there should be provision requiring the
2560/77 (2), and in particular Article 6d (5) thereof,                payments referred to in Article 3 ( 1 ) and (3) of Regula­
                                                                      tion (EEC) No 1931 /76 to be made within 30 days
Whereas Article 6d ( 1 ) of Regulation (EEC) No                       after the conditions    laid down    therein    have been
816/70 provides that in years in which the harvest of                 fulfilled ;
wine suitable for producing certain potable spirits
obtained from wine with a registered designation of                   Whereas the prices of the wines intended for distilla­
origin exceeds by 1 000 000 hectolitres the volume of                 tion are not such as to permit the sale, under normal
wine used for this purpose in the previous wine year,                 conditions, of the products obtained from such distilla­
it may be decided that the wines in question may be                   tion ; whereas it is therefore necessary to pay an aid
distilled ; whereas this condition is fulfilled in the case           and to fix its amounts at a level which , having regard
of the 1977/78 wine year ; whereas distillation of these              to normal costs, will permit its sale ;
wines should therefore be permitted ;
                                                                      Whereas technical criteria for the approval of distillers
Whereas it should be made clear that this distilling
                                                                      should be laid down ; whereas provision should also
operation which was formerly governed by Article 6b
                                                                      be made to enable approval in principle to be with­
of Regulation (EEC) No 816/70, remains subject to                     drawn from the distiller in the event of default on his
the provisions of Council Regulation (EEC) No
                                                                      part, except in cases of force majeure or inevitable
 1931 /76 of 20 July 1976 laying down general rules                   accident ;
governing the distillation of wines provided for in Arti­
cles 6b, 6c, 24a and 24b of Regulation (EEC) No
 81 6/70 (3), as last amended by Regulation (EEC) No                  Whereas the intervention agencies referred to in
 1 675/77 (4);                                                        Article 6 of Regulation (EEC) No 1931 /76 and the
                                                                      Commission must be informed of the progress of the
Whereas, in accordance with Regulation (EEC) No                       distillation operations and must in particular receive
 1931 /76 and in order to facilitate control measures,                information as to the quantities of table wine distilled
 time limits must be laid down for the lodging of appli­              and the quantities of alcohol obtained ;
 cations for approval, for the approval itself and for the
 distillation in question ;                                           Whereas the measures provided for in this Regulation
                                                                      are in accordance with the opinion of the Manage­
Whereas those parties which have applied to enter                     ment Committee for Wine ,
 into a distillation contract must be informed in good
 time of the outcome of the approval procedure ;
 Whereas the items to be included in the distillation
                                                                      HAS ADOPTED THIS REGULATION :
 contracts should be specified ;
 Whereas Article 2a of Regulation ( EEC) No 1931 /76
 makes provision for limiting distillation to products                                        Article 1
(') OJ   No  L 99, 5. 5. 1970, p. 1 .
(2) OJ   No  L 303, 28 . 11 . 1977, p. 1 .                            Distillation as provided for in Article 6d ( 1 ) of Regula­
(3) OJ   No  L 211 , 5 . 8 . 1976, p. 5.                              tion (EEC) No 816/70 is hereby authorized for the
(4) OJ   No  L 187, 27 . 7 . 1977, p. 3 .                              1977/78 wine year in respect of wines suitable for
 ---pagebreak--- No L 46 / 10                        Official Journal of the European Communities                                17 . 2. 78
producing certain potable spirits obtained from wine          total quantity of wine covered by the contract has
with a registered designation of origin and shall be          entered the distillery.
carried out in accordance with Regulation ( EEC) No
1931 / 76 and with this Regulation .                           5.     In the case referred to in Article 3 (6) of Regula­
                                                              tion (EEC) No 1931 /76, the minimum buying-in
Applications for the approval of contracts shall be            price shall be paid not later than 30 days after the
lodged by 15 March 1978 .                                      total quantity of wine covered by the contract has
                                                              been distilled. Where the competent intervention
Contracts must be approved by 31 March 1978 .                 agency of a Member State has not decided to apply
                                                              the said Article 3 (6) generally, the distiller may apply
                                                               it only after ascertaining that the producer is in agree­
Distillation operations must be carried out between 15         ment .
February and 15 July 1978 .
                                                                                         Article 4
                          Article 2
1 . The intervention agency referred to in Article 6           1.      No distiller shall be approved within the
of Regulation ( EEC) No 1931 /76 shall inform the              meaning of Article 5 of Regulation (EEC) No 1931 /76
contracting parties, not later than 15 days after the          unless he is able to process the wine into a product
receipt of the application for approval of a distillation     with an alcoholic strength of 92° or over.
contract, of the outcome of the approval procedure.
                                                               2. Approval shall be withdrawn, except in cases of
2.    Each contract shall state :                             force majeure or inevitable accident, if the distiller
                                                               does not pay the producer the buying-in price or if he
(a) the quantity, colour and actual alcoholic strength         does not fulfil his obligations under Community provi­
    of the wines to be distilled ;                             sions .
(b) the name and address of the producer ;
(c) the place where the wine is stored ;                                                 Article 5
(d) the name of the distiller or the business name of
    the distillery ;                                           1.      Distillers shall send to the intervention agency
(e) the address of the distillery.                             not later than the 10th day of each month, a list of
                                                               the quantities of wine distilled during the previous
                                                               month, indicating the quantities, expressed as pure
3.    ' Distiller' shall mean a person who distils wines       alcohol, and the products which they have obtained.
on   his own account or for the account of other
persons .
                                                               2.      Member States shall inform the Commission by
                                                               telex, not later than the 20th day of each month in
                                                               respect of the previous month :
                          Article 3
                                                               — of the quantities of wine covered by approved
 1.   The buying-in price as fixed in Article 6d (3) of            distillation contracts,
Regulation ( EEC) No 816/70 shall be 1-14 units of
                                                               — of the quantities of wine distilled, and the quanti­
account per degree per hectolitre .
                                                                   ties, expressed as pure alcohol, of products which
                                                                   they have obtained.
2. The amount of the aid provided for in Article 2
of Regulation (EEC) No 1931 /76 shall be 0.70 unit of
account per degree per hectolitre if the wine has been         3.      Member States shall communicate by 10 August
processed into a product with an alcoholic strength of          1978 particulars of any cases in which distillers have
92° or over.                                                   not fulfilled their obligations and of any measures
                                                               taken as a result.
3.    Payments under Article 3 ( 1 ) and (3) of Regula­
tion ( EEC) No 1931 /76 shall be made not later than
30 days after the prescribed conditions are met.                                          Article 6
4.     In the case referred to in Article 3 (5) of Regula­     This Regulation shall enter into force on the third day
tion ( EEC) No 1931 /76, the minimum buying-in                 following its publication in the Official Journal of
price shall be paid not later than 30 days after the            the European Communities.
 ---pagebreak--- 17 . 2 . 78                    Official Journal of the European Communities                        No L 46/ 11
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 16 February 1978 .
                                                                   For the Commission
                                                                    Finn GUNDELACH
                                                                       Vice-President