CELEX: 31977R2027
Language: en
Date: 1977-09-12 00:00:00
Title: Commission Regulation (EEC) No 2027/77 of 12 September 1977 laying down the detailed rules of application for the additional measures applicable to holders of long-term storage contracts for table wine for the 1976/77 wine-growing year

No L 235/6                              Official Journal of the European Communities                              14. 9. 77
                                  COMMISSION REGULATION (EEC) No 2027/77
                                                    of 12 September 1977
               laying down the detailed rules of application for the additional measures appli­
               cable to holders of long-term storage contracts for table wine for the 1976/77
                                                      wine-growing year
THE COMMISSION OF THE EUROPEAN                                    bility of adopting any further measures which may be
COMMUNITIES,                                                      necessary should therefore be provided for ;
Having regard to the Treaty establishing the European             Whereas table wines of types R III, A II and A III are
Economic Community,                                               produced in limited quantities and have a traditional
                                                                  market on which they are normally sold at prices
                                                                  above the activating price ; whereas this is confirmed
Having regard to Council Regulation (EEC) No                      by their present price level ; whereas it no longer
816/70 of 28 April 1970 laying down additional provi­             seems necessary, therefore, to provide for the distilla­
sions for the common organization of the market in                tion of these wines ;
wine (l ), as last amended by Regulation (EEC) No
1 679/77 (2), and in particular Article 6c (4) thereof,
                                                                  Whereas the distillation provided for by this measure
                                                                  should take place in accordance with the provisions of
Having regard to Council Regulation (EEC) No                       Council Regulation (EEC) No 1931 /76 of 20 July
878/77 of 26 April 1977 on the exchange rates to be                1976 laying down general rules governing the distilla­
applied in agriculture (3), as last amended by Regula­             tion of wines provided for in Articles 6b, 6c, 24a and
tion (EEC) No 1 708/77 (4), and in particular Article 5            24b of Regulation (EEC) No 81 6/70 (5), as amended
thereof,
                                                                   by Regulation (EEC) No 1 675/77 (6) ; whereas,
                                                                   pursuant to Articles 1 ( 1 ) and 4 of that Regulation,
                                                                   time limits should be fixed for the submission of
Whereas the measures to support the wine market
which were employed during this wine-growing year                  applications for approval of distillation contracts, for
have not in all cases given the desired results ;                  approval by the intervention agencies and for the
whereas, in particular, the average weighted price for             distillation operations ; whereas, pursuant to Article 2,
table wine of type A I has remained lower than the                 aid shall be paid, the amount thereof shall be fixed so
activating price for the whole wine-growing year and               as to enable the products obtained to be disposed of ;
the price for type R I is at present lower than the acti­
vating price ; whereas the first condition under Article           Whereas the additional information which should
6c ( 1 ) of Regulation (EEC) No 816/70 in order to take
additional measures applicable to holders of long-term             appear in the distillation contract should also be speci­
                                                                   fied :
storage contracts is therefore satisfied ; whereas the
second condition , namely that the weighted average
price should remain lower than the activating price
                                                                   Whereas the arrangements for paying the aid referred
for three consecutive weeks, should from the point of
                                                                   to in Article 3 of Regulation (EEC) No 1931 /76
view of lodgement be verified shortly before the first
                                                                   provide that the aid is to be paid to the producer in
expiry dates of the long-term storage contracts ;                  two instalments ; whereas payment of the second
whereas the market situation is such that this condi­
tion is satisfied ;                                                instalment should be made within a limited period to
                                                                   enable the producer to receive the full amount of the
                                                                   aid quickly ; whereas it should therefore be provided
Whereas these measures should provide, firstly, for the            that such payment is to be made at the latest within
complete removal from the market by distillation of a              30 days after distillation ;
certain quantity of wine and, secondly, for the
delaying for several months of the marketing of the
remaining quantity held by holders of long-term                    Whereas the technical conditions for the approval of
storage contracts, in anticipation of a recovery of the            the distillers must be laid down ; whereas provision
market ; whereas, however, this latter measure might               should also be made for the case in which approval is
not achieve the desired objective ; whereas the possi­             in principle to be withdrawn from the distiller if he
                                                                   defaults for reasons other than force majeure or unfore­
                                                                   seeable circumstances ;
(') OJ   No  L 99, 5. 5. 1970, p.  1.
(2) OJ   No  L 187, 27.  7. 1977, p. 15 .
(>) OJ   No  L 106, 29 . 4. 1977, p. 27 .                          (5) OJ No L 211 , 5 . 8. 1976, p. 5.
(4) OJ   No  L 189, 29 . 7. 1977, p. 7.                            (*) OJ No L 187, 27. 7. 1977, p. 3.
 ---pagebreak--- 14 . 9 . 77                            Official Journal of the European Communities                          No L 235/7
Whereas the intervention agencies referred to in                                          Article 2
Article 6 of Regulation (EEC) No 1931 /76 and the
Commission should be informed of the progress of                  1 . The period of three consecutive weeks referred
distillation operations and should in particular be              to in Article 6c ( 1 ) of Regulation (EEC) No 816/70
aware of the quantities of wine distilled and the quan­          shall fall between 1 August and 30 November 1977.
tities of alcohol obtained ;
                                                                  2.     If the Decision referred to in Article 6c (4) of
Whereas, in order to achieve the objective envisaged,             Regulation (EEC) No 816/70 is adopted, the holders
the storage contracts should be concluded in accor­              of long-term storage contracts for the types of wine in
dance with Commission Regulation (EEC) No                         respect of which the Decision is adopted and for
2015/76 of 13 August 1976 on storage contracts for               wines which are in close economic relationship with
table wine, grape must and concentrated grape                     them may :
must ( J) ;
                                                                 (a) in respect of a quantity of wine not exceeding a
Whereas, in order to be able to take account of market                percentage to be fixed of the quantity under
developments, it should           be      possible to cancel          contract, carry out distillation in accordance with
contracts ;                                                           Articles 3 to 8 ;
Whereas, in accordance with Article 2 (2) (d) of Regula­          (b) in respect of the quantity which is not distilled
tion (EEC) No 878/77, the representative rates fixed                  under (a), conclude a storage contract for a period
                                                                      to be fixed in accordance with Article 9 .
by that Regulation are to be applied from 16
December 1977 for wine ; whereas, however, other
dates may be provided for distillation measures ;                 However, the holders of long-term storage contracts
                                                                  for table wines of types A II, A ill and R III may only
Whereas the application of the measures provided for              take advantage of the measure referred to under (b).
in this Regulation extends beyond 15 December
 1977 ; whereas it is necessary, in order to avoid any            3 . Other additional measures applicable to holders
discrimination between the operators concerned, to                of the storage contracts referred to in paragraph 2 (b)
provide for the application of a single representative            in respect of a given type of wine or a wine in close
rate for all payments relating to the distillation opera­         economic relationship herewith may be taken in accor­
tions referred to in this Regulation ; whereas, since all         dance with the procedure laid down in Article 7 of
the table wine affected by these measures was                     Regulation No 24 if the Community weighted average
produced during the 1976/77 wine-growing year, the                price for that type of table wine has remained lower
representative rates applicable for that year for wine            than the activating price during the period between
should be retained and the application of the new                 the date of adoption of the Decision referred to in
representative rates provided for by Regulation (EEC)             Article 6c (4) of Regulation (EEC) No 816/70 and 15
No 878 /77 for the measures referred to in Article 6c             January 1978 .
of Regulation (EEC) No 816/70 should therefore be
postponed until the expiry of the period of applica­              4.     For the purposes of this Regulation, there shall
tion of this Regulation ;                                         be considered to be in close economic relationship
                                                                  with table wine of type :
Whereas the measures provided for in this Regulation              — A I , white table wines with an actual alcoholic
are in accordance with the opinion of the Manage­
ment Committee for Wine,                                              strength of not less than 12° and not more than
                                                                      14° , not belonging to type A II or type A III,
                                                                  — R I, red table wines with an actual alcoholic
                                                                      strength of not less than 12° and not more than
HAS ADOPTED THIS REGULATION :
                                                                      12-5° , not belonging to type R III,
                                                                  — R II , red table wines with an actual alcoholic
                                                                      strength of more than 12-5° and not more than
                           Article 1
                                                                      14-5° , not belonging to type R III .
This Regulation lays down the detailed rules of appli­
                                                                                          Article 3
cation for the additional measures applicable to
holders of long-term storage contracts for table wine
for the 1976/77 wine-growing year referred to in                   1.    The distillation referred to in Article 2 (2) (a)
Article 6c of Regulation (EEC) No 816/70 .                        shall be carried out in accordance with the provisions
                                                                  of Regulation (EEC) No 1931 /76 and of this Regula­
(•) OJ No L 221 , 14 . 8 . 1976 , p. 20 .                         tion .
 ---pagebreak--- No L 235/8                              Official Journal of the European Communities                                14 . 9 . 77
2. The wines which may be distilled are those                               product referred to in the first indent of Article
which have been the subject of the long-term storage                        2 (3) of that Regulation,
contract or other wines of the same type which have
                                                                       — 1 -29 units of account per degree and per
been produced by the holder of the storage contract.                        hectolitre if the wine has been processed into a
In the latter case the actual alcoholic strength of the                     product referred to in the second indent of the
wine may not be less than 10° and the total quantity                        said Article 2 (3) ;
of alcohol contained in the wine may not be greater
than that contained in the quantity of wine under                 (b) for the wines referred to in the second indent of
contract which may be distilled.                                        paragraph 1 hereof :
                                                                       — 1-29 units of account per degree and per
                            Article 4                                       hectolitre if the wine has been processed into a
                                                                            product referred to in the first indent of the
1 . Applications for approval of the contracts                              said Article 2 (3),
referred to in Article 1 of Regulation (EEC) No
1931 /76 shall be made within 30 days of the date of                   — 1*18 units of account per degree and per
expiry of the long-term contracts .                                         hectolitre if the wine has been processed into a
                                                                            product referred to in the second indent of the
2. The intervention agency referred to in Article 6                         said Article 2 (3).
of Regulation (EEC) No 1931 /76 shall inform the
parties to the contract at the latest 15 days after                3 . The payments to be made under Article 3 ( 1 )
receiving the application for approval of a distillation          and (3) of Regulation (EEC) No 1931 /76 shall be
contract of the result of the approval procedure.                  made at the latest 30 days after the necessary condi­
                                                                  tions have been satisfied .
3.     Distillation    shall   be   carried  out   between  1
October 1977 and 30 June 1978 .
                                                                  4. Where Article 3 (5) of Regulation (EEC) No
                                                                   1931 /76 applies, payment of the minimum buying-in
                            Article 5                              price shall be made at the latest 30 days after the total
                                                                  quantity of wine appearing in the contract has entered
1 . The contracts referred to in Article 1 of Regula­              the distillery.
tion (EEC) No 1931 /76 shall state :
(a) the quantity colour and actual alcoholic strength              5. Where Article 3 (6) of Regulation (EEC) No
     of the wines to be distilled ,                                1931 /76 applies, payment of the minimum buying-in
                                                                   price shall be made at the latest 30 days after the total
(b) the name and address of the producer,                          quantity of wine appearing in the contract has been
(c) the place where the wine is stored,                            distilled . When the relevant intervention agency of a
                                                                   Member State has not decided to make general use of
(d) the name of the distiller or the distillery,                   the facility provided for in Article 3 (6), the distiller
(e) the address of the distillery.                                 may make use of this facility only after having
                                                                   obtained the agreement of producer.
2.     ' Distiller' shall mean the person on whose behalf
the distillation is carried out.                                   6. The conversion into national currency of the
                                                                   amounts referred to in paragraphs 1 and 2 hereof shall
                             Article 6                             be made using the representative rate for wine for the
                                                                   1976/77 wine-growing year.
1 . The price referred to in the second indent of
Article 6c (2) of Regulation ( EEC) No 816/70 shall
be :
                                                                                             Article 7
— 1-82 units of account per degree and per hectolitre
     for table wines of types R I and R II and for those
     wines in close economic relationship therewith ,              1 . Distillers, in order to be approved within the
                                                                   meaning of Article 5 of Regulation (EEC) No
— 1-71 units of account per degree and per hectolitre              1931 /76, must be capable of processing wine into a
     for table wines of type A I and for those wines in            product with an alcoholic strength of 86° or more or
     close economic relationship therewith .                       into a product with an alcoholic strength of 85° or
                                                                   less .
2.     The amount of the aid provided for in Article 2
of Regulation ( EEC) No 1931 / 76 shall be :
                                                                   2. Approval shall be withdrawn if the distiller,
(a) for the wines referred to in the first indent of para­         except in unforeseeable circumstances or in the case
     graph 1 hereof :                                              of force majeure, does not pay the buying-in price to
     — 1-40 units of account per degree and per                    the producer or does not respect his obligations under
          hectolitre if the wine has been processed into a         Community provisions.
 ---pagebreak--- 14. 9 . 77                          Official Journal of the European Communities                          No L 235/9
                          Article 8                            If the holder of a long-term storage contract decides
                                                               to take advantage of Article 2 (2) (b) in respect of all
1 . Member States shall notify the Commission by               the wine subject to a long-term storage contract, the
31 January 1978 at the latest of the quantities of wine        intervention agency may extend the old contract for
appearing in the distillation contracts approved.              the new period by altering the relevant wording.
2.     Distillers   shall forward   to  the   intervention
agency, by the 10th day of each month at the latest, a         2. In respect of storage contract referred to in
list of the quantities of wine distilled during the prev­      Article 2 (2) (b) the amount of the aid shall be that
ious month stating the quantities expressed as pure            laid down for long-term storage contracts for the
alcohol of the products which they have obtained,              1976/77 wine-growing year.
distinguishing between those referred to the first
indent of Article 2 (3) of Regulation (EEC) No
1931 /76 and those referred to in the second indent            3 . The storage contracts referred to in Article 2 (2)
thereof.                                                       (b) shall be cancelled at the request of the producers
                                                               concerned .
3 . Member States shall inform the Commission by
telex by the 20th day of each month at the latest in
respect of the previous month of the quantities of             In this case the storage aid for the period during
wine distilled and the quantities expressed as pure            which the wine was subject to any such contract shall
alcohol of the products which they have obtained,              be retained .
distinguishing between them in accordance with para­
graph 2.
4.     Member States shall notify by 30 July 1978 at                                  Article 10
the latest cases of distillers who have not met their
obligations and the measures taken as a result thereof.
                                                               This Regulation shall enter into force on the day
                          Article 9                            following its publication in the Official Journal of
                                                                the European Communities.
1 . The contracts referred to in Article 2 (2) (b) shall
be concluded within 30 days of the date of expiry of
the long-term contracts.                                       It shall apply with effect from 16 September 1977.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 12 September 1977.
                                                                         For the Commission
                                                                          Finn GUNDELACH
                                                                             Vice-President