CELEX: 31977R1801
Language: en
Date: 1977-08-03 00:00:00
Title: Commission Regulation (EEC) No 1801/77 of 3 August 1977 laying down, for the wine-growing year 1977/78, detailed rules governing the distallation of wines produced from table grapes

5. 8 . 77                                Official Journal of the European Communities                            No L 198 /9
                                     COMMISSION REGULATION (EEC) No 1801 /77
                                                        of 3 August 1977
               laying down , for the wine-growing year 1977/78 , detailed rules governing the
                                      distillation of wines produced from table grapes
THE COMMISSION OF THE EUROPEAN                                     from the distiller in the event of default by the latter
COMMUNITIES,                                                       for reasons other than force majeure or unavoidable
                                                                   accident ;
Having regard to the Treaty establishing the European
Economic Community,                                                Whereas the intervention agencies referred to in
                                                                   Article 6 of Council Regulation (EEC) No 1931 /76
Having regard to Council Regulation (EEC) No                       must be informed of the progress of the distillation
816/70 of 28 April 1970 laying down additional provi­              operations and must in particular know the quantities
sions for the common organization of the market in                 of table wine distilled and the quantities of alcohol
wine ( ! ), as last amended by Regulation (EEC) No                 obtained ;
 1 679/77 (2), and in particular Article 24b (4) thereof,
                                                                   Whereas Article 24b (4) of Regulation (EEC) No
Whereas deadlines must be set for the submission of
                                                                   816/70 lays down that the conditions under which the
applications for approval pursuant to the second                   derogations provided for in paragraph 1 apply to the
subparagraph of Article 1 ( 1 ) of Council Regulation              varieties included in the classification for a given admi­
(EEC) No 1931 /76 of 20 July 1976 laying down                       nistrative unit as both wine grapes and table grapes
general rules governing the distillation of wines as               must ensure that the quantities of wine obtained from
provided for in Articles 6b, 6c, 24a and 24b of Regula­            the said exempted varieties correspond to the quanti­
tion (EEC) No 81 6/70 (3), as last amended by Regula­              ties normally used for wine-making ; whereas Commis­
tion (EEC) No 1 675/77 (4) ; whereas deadlines should              sion Regulation (EEC) No 2078/76 of 23 August 1976
also be set both for the approval itself and for the                laying down, for the wine-growing year 1976/77, rules
distillation operation in question, so as to facilitate            for the distillation pursuant to Article 24b of Regula­
control measures ;                                                  tion (EEC) No 816/70 of wine made from table
                                                                   grapes (5) laid down that the Member States must
Whereas those wishing to conclude a distillation                    determine those quantities by taking as a reference
contract need to be informed in good time whether                   period the wine-growing years 1969/70 to 1975/76 ;
their application has been approved ;                              whereas paragraph 4 of the said Article 24b being
                                                                   designed to maintain the existing state of affairs, the
Whereas it is necessary to specify what points must be              levels fixed by the Member States for the wine­
covered by the distillation contracts ;                            growing year 1976/77 in accordance with Regulation
                                                                   (EEC) No 2078/76 should be retained for the wine­
                                                                   growing year 1977/78 ;
Whereas the prices of wines which go for distillation
are such as to prevent the normal marketing of the
products obtained by such distillation ; whereas it is             Whereas the Management Committee for Wine has
therefore necessary to provide aid and to fix the                   not delivered an opinion within the time limit set by
amount thereof, including normal costs, at a level                  its chairman ,
which enables such products to be marketed ;
Whereas under Article 3 of the aforesaid Regulation
aid is to be paid to the producer in two instalments ;
whereas, if the producer is to receive all the aid in               HAS ADOPTED THIS REGULATION :
good time, it should be stipulated that payment of the
second instalment must be made within 30 days
following the distillation ;
                                                                                               Article 1
Whereas technical conditions for the approval of
distillers must be laid down ; whereas it is also neces­
                                                                   This Regulation lays down in respect of the wine­
sary to make provision for withdrawal of approval                  growing year 1977/78 detailed rules for the distillation
                                                                    pursuant to Article 24b of Regulation (EEC) No
(!) OJ No L 99 , 5 . 5 . 1970 , p . 1 .                             816/70 of wines produced from table grapes.
I2) OJ No L 187, 27. 7. 1977, p. 15.
(3 ) OJ No L 211 , 5 . 8 . 1976, p . 5.
(« OJ No L 187, 27 . 7. 1977, p . 3 .                               (5 ) OJ No L 233 , 24. 8 . 1976, p. 20 .
 ---pagebreak--- No L 198 / 10                        Official Journal of the European Communities                                  5. 8 . 77
                          Article 2                            buying-in price shall be made at the latest 30 days
                                                               after the total quantity of wine mentioned in the
1 . Applications for approval of the contracts                 contract has been distilled. If the competent interven­
referred to in Article 1 of Regulation (EEC) No                tion agency of a Member State has not decided to
1931 /76 shall be submitted before 15 January 1978 .           make general use of the option provided for in the
                                                               said Article 3 (6), the distiller may make use of that
2. The intervention agency referred to in Article 6
of Regulation (EEC) No 1931 /76 shall inform the
                                                               opinion only after obtaining the producer's agree­
                                                               ment.
contracting parties, at the latest 1 5 days after receipt of
the application for approval of the distillation
contract, whether the application has been approved.                                     Article 5
3 . Distillation operations shall take place between
                                                                1 . In order to be approved within the meaning of
15 September 1977 and 30 June 1978 .                           Article 5 of Regulation (EEC) No 1931 /76, distillers
                                                               must be capable of processing the wine into a product
                          Article 3                            of an alcoholic strength of 86° or over, or into a
                                                               product of an alcoholic strength of 85° or less.
1 . The contracts referred to in Article 1 of Regula­
tion (EEC) No 1931 /76 shall indicate :                        2. Approval shall be withdrawn, except in cases of
(a) the quantity, colour and actual alcoholic strength         force majeure or unavoidable accident, if the distiller
     of the wines to be distilled ;                            does not pay the buying-in price to the producer or
                                                               does not fulfil his obligations under Community provi­
(b) the name and address of the producer ;                     sions .
(c) the place where the wine is stored ;
(d) the name of the distiller or the business name of
                                                                                         Article 6
     the distillery ;
(e) the address of the distillery.                             Those quantities of wine, as determined by the
2.      ' Distiller' means the person on whose account          Member States for the wine-growing year 1976/77 in
distillation is carried out.                                    accordance with Article 5 of Regulation (EEC) No
                                                                2078/76, which have been made from grapes of the
                                                               varieties included in the classification for a given admi­
                           Article 4                            nistrative unit as both wine grapes and table grapes
                                                                shall be exempt from the obligation laid down in
 1 . The buying-in price, as determined pursuant to             Article 24b ( 1 ) of Regulation (EEC) No 816/70.
the second subparagraph of Article 24b (2) of Regula­
tion (EEC) No 816/70, shall be 114 units of account
per degree and per hectolitre.                                                           Article 7
2. The amount of the aid provided for in Article 2              The Member States shall take the necessary steps to
of Regulation (EEC) No 1931 /76 shall be :                      ensure that the provisions of this Regulation are
— 0-70 unit of account per degree and per hectolitre            applied and in particular shall institute controls to
     if the wine has been processed into a product              prevent wine produced from table grapes from being
     specified in the first indent of Article 2 (3) of that     used for purposes other than distillation . To its end
     Regulation,                                                any Member State may provide for separate vinifica­
                                                                tion and the use of an indicator.
— 0-62 unit of account per degree and per hectolitre
     if the wine has been processed into a product
     specified in the second indent of Article 2 (3) of                                   Article 8
     that Regulation .
3. Payment pursuant to Article 3 ( 1 ) and (3) of Regu­         1.     Distillers shall send to the intervention agency,
 lation (EEC) No 1931 /76 must be made at the latest            at the latest by the 10th of each month, a return of
 30 days after the requisite conditions have been               the quantities of wine produced from table grapes
 fulfilled.                                                     distilled during the preceding month, indicating the
                                                                quantities (expressed in terms of pure alcohol) and the
4. In the case referred to in Article 3 (5) of Regula­          products obtained, showing separately the products
 tion (EEC) No 1931 /76, payment of the minimum                 referred to in the first indent of Article 2 (3) of Regula­
buying-in price shall be made at the latest 30 days             tion (EEC) No 1931 /76 and those referred to in the
after the total quantity of wine mentioned in the               second indent of that paragraph.
contract has entered the distillery.
                                                                2.     Member States shall inform the Commission by
 5. In the case referred to in Article 3 (6) of Regula­         telex, at the latest by the 20th of each month in
tion (EEC) No 1931 /76, payment of the minimum                  respect of the preceding month, of :
 ---pagebreak--- 5 . 8 . 77                       Official Journal of the European Communities                         No L 198/ 11
— the quantities of wine covered by approved distilla­       fulfilled his obligation and the measures taken in
     tion contracts,                                         consequence thereof.
— the quantities of wine distilled and the quantities,
     expressed as pure alcohol, of products obtained,
                                                                                     Article 9
     separated in accordance with paragraph 1 .
3 . The Member States shall notify, at the latest by         This Regulation shall enter into force on 1 September
31 July 1978, any case where a distiller has not             1977.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 3 August 1977.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President