CELEX: 31978R2609
Language: en
Date: 1978-10-30 00:00:00
Title: Council Regulation (EEC) No 2609/78 of 30 October 1978 amending Regulation (EEC) No 1931/76 as regards certain distillation operations in the wine sector

No L 315/ 10                            Official Journal of the European Communities                                9. 11 . 78
                                       COUNCIL REGULATION (EEC) No 2609/78
                                                      of 30 October 1978
                amending Regulation (EEC) No 1931 /76 as regards certain distillation operations
                                                      in the wine sector
THE COUNCIL OF THE EUROPEAN                                       2. In Article 1 :
COMMUNITIES,
                                                                     (a) in the first subparagraph of paragraph 1 the
 Having regard to the Treaty establishing the European                    expression '6d' shall be inserted after the expres­
Economic Community,                                                       sion '6c' ;
Having regard to Council Regulation (EEC) No                         (b) in paragraph 2 (b), the expression '6d (3)' shall
816/70 of 28 April 1970 laying down additional provi­                     be inserted after the expression '6c (2)':
sions for the common organization of the market in
wine (1), as last amended by Regulation (EEC) No
 1861 /78 (2), and in particular Articles 6b (3), 6c (3), 6d      3. In Article 2a the words 'second subparagraph of
(4), 7 (1 ), 24a (5) and 24b (3) thereof,                            Article 6 (b) ( 1 )' shall be replaced by the words
                                                                     'Article 6 (d) (1 )'.
Having regard to the proposal from the Commission,
Whereas Regulation (EEC) No 1931 /76 (3) as last                  4. In Article 4, second subparagraph, the words 'Arti­
amended by Regulation (EEC) No 1 675/77 (4), laid                    cles 6 (b) and 6 (c)' shall be replaced by the words
down general rules governing the distillation of wines               'Articles 6 (b), 6 (c) and 6 (d)\
provided for in Articles 6b, 6c, 24a and 24b of Regula­
 tion (EEC) No 816/70 ;
                                                                                           Article 2
Whereas it is appropriate to bring up to date refer­
ences to certain Articles of Regulation (EEC) No
816/70 contained in Regulation (EEC) No 1931 /76                  The following Article shall be inserted in Regulation
following the amendments made by Regulation (EEC)                 (EEC) No 1931 /76 :
 No 1677/77 (5) ;
                                                                       'Article 4a
Whereas, on the basis of experience gained and
 pending the adoption of new rules in the matter, a
certain margin should be allowed for the quantity of                  1 . A margin of 10 % more or less than the
wine indicated in certain contracts for the delivery of               quantity of wine indicated in the contracts referred
wines concluded during the 1976/77, 1977/78 and                       to in Article 1 shall be permitted.
 1978/79 marketing years ; whereas moreover, provi­
sion should be made in chance circumstances or cases
                                                                      This margin shall not, however, be permitted in
 of force majeure, for aid to be paid in respect of the               the case of contracts regarding the distillation
 quantity of wine which has actually been distilled ;                 referred to in Article 24a or for that referred to in
 Whereas Regulation (EEC) No 1931 /76 should there­                   Article 24b of Regulation (EEC) No 816/70.
 fore be amended accordingly,
                                                                      2.     Where, due to chance circumstances or for
                                                                      reasons of force majeure, all or some of the wine
 HAS ADOPTED THIS REGULATION :                                        covered by a contract referred to in Article 1
                                                                      cannot be distilled, the distiller or the producer
                                                                      shall immediately so inform :
                            Article 1
                                                                      — the intervention agency of the Member State
 Regulation (EEC) No 1931 /76 is hereby amended as
 follows :                                                                 in whose territory the distillation premises are
                                                                           located and,
 1 . In the title the expression '6d' shall be inserted
     after the expression '6c'.                                       — if the producers winery is located in another
                                                                           Member State, the intervention agency of the
                                                                           second Member State.
(«)  OJ  No  L 99, 5. 5. 1970, p. 1 .
(»)  OJ  No  L 215, 4. 8. 1978, p. 1 .
(J)  OJ  No  L 211 , 5. 8. 1976, p. 5.
(♦)  OJ  No  L 187, 27. 7. 1977, p. 3.                                 3. In the cases referred to in paragraphs 1 and 2
(»)  OJ  No  L 187, 27. 7. 1977, p. 6.                                 the intervention agency shall pay the aid referred
 ---pagebreak--- 9. 11 . 78                       Official Journal of the European Communities                      No L 315/ 11
    to in Article 2 (3) in respect of that quantity of                             Article 3
    wine which has actually been distilled.
    4. This Article shall apply to delivery contracts       This Regulation shall enter into force on the day
    concluded during the 1976/77, 1977/78 and               following its publication in the Official Journal of
    1978/79 marketing years.'                               the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Luxembourg, 30 October 1978 .
                                                                       For the Council
                                                                         The President
                                                                            J. ERTL