CELEX: 31977R0142
Language: en
Date: 1977-01-25 00:00:00
Title: Commission Regulation (EEC) No 142/77 of 25 January 1977 fixing an additional rate for determining the quantities of alcohol to be delivered as part of the wine deliveries in the 1976/77 wine-growing year

26 . 1 . 77                           Official Journal of the European Communities                           No L 22/23
                                    COMMISSION REGULATION ( EEC) No 142/77
                                                     of 25 January 1977
               fixing an additional rate for determining the quantities of alcohol to be deliv­
                     ered as part of the wine deliveries for the 1976/77 wine-growing year
THE COMMISSION OF THE EUROPEAN                                   Whereas the distillation of wines which enables the
COMMUNITIES,                                                     additional rate to be applied should take place in
                                                                 accordance with Council Regulation (EEC) No
                                                                  1931 /76 of 20 July 1976 laying down general rules
Having regard to the Treaty establishing the European            governing the distillation of wines provided for in Arti­
Economic Community,                                              cles 6b, 6c, 24a and 24b of Regulation (EEC) No
                                                                 81 6/70 (4), as amended by Regulation (EEC) No
                                                                 2688 /76 (5) ; whereas Articles 1 ( 1 ) and 4 thereof
                                                                 require time limits to be fixed for the submission of
Having regard to Council Regulation ( EEC) No                    applications for approval of distillation contracts, for
816/70 of 28 April 1970 laying down additional provi­            the approval by the intervention agencies and for the
sions for the common organization of the market in               distillation operations ; whereas under Article 2
wine ('), as last amended by Regulation (EEC) No                 thereof aid should be granted of such an amount as to
2842/76 (2), and in particular Articles 24a (6) and 35           enable the products obtained to be disposed of ;
thereof,
Whereas Article 24a ( 1 ) of Regulation (EEC)            No      Whereas certain additional particulars need to be
816/70 permits an increase in the quantities              of     specified in distillation contracts ;
alcohol contained in the products subject to             the
compulsory distillation provided for in Article           24
thereof ; whereas any such increase depends on           the
forward estimate ;
                                                                 Whereas the method of payment of aid referred to in
                                                                 Article 3 of Regulation (EEC) No 1931 /76 provides
                                                                 that the aid is to be paid to the producer in two instal­
                                                                 ments ; whereas payment of the second instalment
Whereas the forward estimate shows that the quanti­              should be made within a limited period to enable the
ties available exceed normal requirements for the                producer to collect the total amount of the aid ;
current wine-growing year ; whereas the said Article             whereas, therefore, it should be provided that payment
24a ( 1 ) should therefore be applied ;                          must be made at the latest 30 days after distillation ;
Whereas the level of the additional rate must depend
                                                                 Whereas technical conditions must be laid down for
on the amount of the quantities available surplus to
requirements ; whereas, with respect to table wines,             the approval of distillers ; whereas provision should be
the present situation of the wine market requires that           made for withdrawing approval from distillers if they
the additional rate should be so fixed pursuant to the           do not fulfil their obligations, except in cases of force
third subparagraph of Article 24a ( 1 ), that distillation        majeure or accident ;
operations apply mainly to wines of lower quality ;
                                                                 Whereas both the intervention agencies referred to in
Whereas Article 3 of Commission Regulation (EEC)                 Article 6 of Regulation (EEC) No 1931 /76 and the
No 2051 /76 of 19 August 1976 laying down detailed               Commission should be informed of the progress of
rules for the distillation of the by-products of wine­           distillation operations and should in particular be
making in respect of the 1976/77 wine-growing                    informed of the quantities of table wine distilled and
year (3), has already fixed the alcoholic strengths to be        the quantities of alcohol obtained ;
taken     into  consideration     for    the 1976/77   wine­
growing year for the purpose of determining the
volume of alcohol contained in products to be deliv­
ered for distillation pursuant to Article 24 (2) of Regu­        Whereas the measures provided for in this Regulation
lation (EEC) No 816/70 ;                                         are in accordance with the opinion of the Manage­
                                                                 ment Committee for Wine ,
(') OJ No L 99, 5 . 5 . 1970, p . 1 .
(2 ) OJ No L 327, 26 . 11 . 1976, p. 2 .                         (4 ) OJ No L 211 , 5 . 8 . 1976, p . 5.
h) OJ No L 228, 20. 8. 1976, p. 11 .                             (5 ) OJ No L 304, 6 . 11 . 1976, p . 2.
 ---pagebreak--- No L 22/24                            Official Journal of the European Communities                               26. 1 . 77
HAS ADOPTED THIS REGULATION :                                   — 0*62 unit of account per degree per hectolitre          if
                                                                     the wine is processed into a product referred to    in
                                                                     the first indent of Article 2 (3) thereof,
                            Article 1
                                                                — 0-54 unit of account per degree per hectolitre          if
For the 1976/77 wine-growing year the additional rate                the wine is processed into a product referred to    in
referred to in the second subparagraph of Article 24a                the second indent of Article 2 (3) thereof.
( 1 ) of Regulation (EEC) No 816/70 shall be 1 % . The
additional rate fixed, referred to in the third subpara­        3.     Payments due under Article 3 (2) and (3) of Regu­
graph of Article 24a ( 1 ), applicable to each producer         lation (EEC) No 1931 /76 shall be made not later than
for his own production, is set out in the Annex hereto.         30 days after the requisite conditions have been met.
The distillation of wine which enables the additional           4. Where Article 3 (5) of Regulation (EEC) No
rate referred to in the first subparagraph to be applied         1931 /76 applies, payment of the minimum buying-in
shall take place in accordance with Regulation (EEC)            price shall be made not later than 30 days after the
No 1931 /76 and with this Regulation .                          total quantity of wine appearing in the contract has
                                                                entered the distillery.
                            Article 2                           5. Where Article 3 (6) of Regulation (EEC) No
                                                                 1931 /76 applies, payment of the minimum buying-in
 1 . Applications for approval of the contracts                 price shall be made not later than 30 days after the
referred to in Article 1 of Regulation (EEC) No                 total quantity of wine appearing in the contract has
 1931 /76 shall be submitted before 15 April 1977.              been distilled. Where the competent intervention
                                                                agency of a Member State has not decided to make
2. The intervention agency referred to in Article 6             general use of the facility provided for in the said
of Regulation (EEC) No 1931 /76 shall, not later than           Article 3 (6), the distiller may only make use of it after
 1 5 days after the receipt of the application for              he has obtained the agreement of the producer.
approval of a contract and in any case before 30 April
 1977, notify the contracting parties of the outcome of
the approval procedure.                                                                   Article 5
3. The distillation operations shall be carried out              1 . To be approved      within the meaning of Article 5
between the date of entry into force of this Regulation         of Regulation (EEC)       No 1931 /76, distillers must be
and 31 July 1977.                                               able to process wine      into a product having an alco­
                                                                holic strength of 86°    or more, or a product having an
                                                                alcoholic strength of    85° or less.
                           Article J
                                                                2. Approval shall be withdrawn if the distiller,
 1 . The contracts referred to in Article 1 of Regula­
                                                                except in the case of accident or force majeure, fails to
tion (EEC) No 1931 /76 shall specify :                          pay the buying-in price to the producer or fails to
(a) the quantity, colour, and actual alcoholic strength         fulfil his obligations under Community provisions.
      of the wine to be distilled,
(b) the name and address of the producer,                                                 Article 6
(c) the place of storage of the wine,
(d) the name of the distiller or the business name of            1.    Member States shall inform the Commission,
      the distillery,                                           not later than 31 May 1977, of the quantities of wine
(e) the address of the distillery.                              appearing in approved distillation contracts.
2.      ' Distiller' shall mean the party for whom the          2. Distillers shall send to the intervention agency,
distillation is carried out.                                    not later than the 10th day of each month, a list of
                                                                the quantities of wine distilled during the previous
                                                                month and shall specify the quantities expressed in
                           Article 4                            pure alcohol of the products obtained, distinguishing
                                                                between products referred to in the first indent of
1 . The buying-in price fixed in the second subpara­            Article 2 (3) of Regulation (EEC) No 1931 /76 and
graph of Article 24a (3) of Regulation (EEC) No                 products referred to in the second indent thereof.
816/70 shall be 1-16 units of account per degree per
hectolitre .                                                    3. Member States shall inform the Commission, by
                                                                telex, not later than the 20th day of each month, in
2. The amount of« aid provided for in Article 2 of              respect of the previous month, of the quantities of
Regulation (EEC) No 1931 /76 shall be :                         wine distilled and the quantities expressed in pure
 ---pagebreak--- 26. 1 . 77                                        Official Journal of the European Communities                                                            No L 22/25
alcohol of the products obtained, making the same                                                                             Article 7
distinction as in paragraph 2.
4.       Member          States      shall     communicate            to     the
Commission not later than 30 June 1977 all cases of                                         This Regulation shall enter into force on the day of its
distillers who have failed to respect their obligations                                     publication in the Official Journal of the European
and any measures taken in consequence.                                                      Communities.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                     States .
                     Done at Brussels, 25 January 1977.
                                                                                                         For the Commission
                                                                                                           Finn GUNDELACH
                                                                                                                Vice-President
                                                                                 ANNEX
                                               Applicable additional rate as referred to in Article 1
                                                                                        Certain regions in that part of France in
          Yield and colour of wine              Regions in wine-growing Zone B            wine-growing Zone C where sucrose           Other regions in that part of France
                                                                                        may be added pursuant to Article 19 (i)             in wine-growing Zone C
                                                                                             of Regulation ( EEC) No 816/70
 150 hl/ ha or over (')(2 )                                   6 %                                         6%                                          6%
 100 hl / ha or over but less
than 150 hl/ ha (') (2 )                                      2 %                                          2 %                                        2%
 Less than 100 hl / ha
White (2)                                                     2 %                                          2%                                         2%
 Red/ rosé                                                                    •
— Less than 10°                                               2 %                                          1 -5 %                                     1-5%       .
— 10° or over                                                 2 %                                          1-5 %                                      0 %
 (') white, red or rose wines .
{2 } Excluding wines suitable for producing certain potable wine spirits of registered designation of origin which are distilled for the production of such potable spirits or
     which are distilled pursuant to Regulation ( EEC) No 2804/ 76 .