CELEX: 31978R2776
Language: en
Date: 1978-11-23 00:00:00
Title: Council Regulation (EEC) No 2776/78 of 23 November 1978 amending for the second time Regulation (EEC) No 1162/76 on measures designed to adjust wine-growing potential to market requirements

30 . 11 . 78                             Official Journal of the European Communities                             No L 333/ 1
                                                                  I
                                               (Acts whose publication is obligatory)
                                         COUNCIL REGULATION (EEC) No 2776/78
                                                      of 23 November 1978
                 amending for the second time Regulation (EEC) No 1162/76 on measures
                        designed to adjust wine-growing potential to market requirements
 THE COUNCIL OF THE EUROPEAN                                         tion and the prohibition on new planting covers
 COMMUNITIES,                                                        almost all the areas under vines, the exemption
                                                                     referred to in Article 2 (2) (b) of Regulation (EEC) No
 Having regard to the Treaty establishing the European               1162/76 endangers the effectiveness of that prohibi­
 Economic Community, and in particular Article 43                    tion ; whereas, therefore, this exemption should no
 thereof,                                                            longer be provided for the Member States concerned,
 Having regard to Council Regulation (EEC) No
 816/70 of 28 April 1970 laying down additional provi­
 sions for the common organization of the market in
 wine (!), as last amended by Regulation (EEC) No                    HAS ADOPTED THIS REGULATION :
 1861 /78 (2), and in particular Article 17 (5) thereof,
 Having regard to the proposal from the Commission,
                                                                                                 Article 1
 Having regard to the opinion of the European Parlia­
 ment (3),
                                                                     1.     In Article 2 ( 1 ) of Regulation (EEC) No 1162/76,
                                                                     the date '30 November 1978' shall be replaced by '30
Whereas Article 5 ( 1 ) of Council Regulation (EEC) No               November 1979'.
 1162/76 of 17 May 1976 on measures designed to
 adjust wine-growing potential to market require­
 ments (4), as amended by Regulation (EEC) No                        2. Article 2 (2) of Regulation (EEC) No 1162/76
 3140/76 (5), provided that the Council should adopt,                shall be replaced by the following :
by 1 October 1978 , the measures necessary to ensure
 that wine-growing potential is adapted to market                        '2. However, the following shall be exempt
 requirements ; whereas, since the Council has been                      from the prohibition referred to in paragraph 1 :
unable to adopt the said measures by that date, a later
date should be fixed ; whereas it is also advisable, in
the absence of appropriate measures to ensure the                        (a) in Member States whose production of quality
equilibrium of the wine market and control of wine­                           wines psr was less than 50 % of the total wine
growing potential, to extend the prohibition on new                           production during the 1972/73, 1973/74 and
planting referred to in Article 2 ( 1 ) of Regulation                         1974/75 wine-growing years :
(EEC) No 1162/76 ;                                                            — new planting intended for the production
                                                                                  of quality wines psr,
Whereas experience has shown that, in the Member
States where the production of quality wines psr                              — new planting carried out under develop­
constitutes the predominant part of total wine produc­                            ment plans which meet the conditions laid
                                                                                  down in Directive 72/ 159/EEC ;
(!) OJ No L    99, 5. 5. 1970, p. 1 .
(2) OJ No L    215, 4. 8 . 1978 , p. 1 .                                 (b) new planting carried out in Member States
(3) Opinion    delivered on 17 November 1978 (not yet
    published  in the Official Journal).                                      which produce less than 5 000 hectolitres of
(4) OJ No L     135, 24. 5. 1976, p. 32.                                      wine annually using grapes harvested on their
(5) OJ No L    354, 24. 12. 1976, p. 4.                                       territory ;
 ---pagebreak--- No L 333/2                         Official Journal of the European Communities                          30. 11 . 78
    (c) new planting carried out after re-allocation          2. In Article 5 (2) of Regulation (EEC) No 1162/76,
        measures or measures concerning expropria­            the date '1 December 1978' shall be replaced by '1
        tion in the public interest adopted under             December 1979'.
        current national legislation.'
                         Article 2                                                  Article 3
1 . In Article 5 ( 1 ) of Regulation (EEC) No 1162/76,
the date '1 October 1978' shall be replaced by '1            This Regulation shall enter into force on 1 December
October 1979'.                                                1978 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
              Done at Brussels, 23 November 1978 .
                                                                         For the Council
                                                                          The President
                                                                             J. ERTL