CELEX: 31976R2804
Language: en
Date: 1976-11-19
Title: Commission Regulation (EEC) No 2804/76 of 19 November 1976 on the distillation of wines suitable for producing potable spirits obtained from wine with a registered designation of origin for the 1976/77 marketing year

No L 320/ 22                            Official Journal of the European Communities                             20 . 11 . 76
                                      COMMISSION REGULATION ( EEC) No 2804/76
                                                     of 19 November 1976
                on the distillation of wines suitable for producing certain potable spirits
                obtained from wine with a registered designation of origin for the 1976/77
                                                          marketing year
THE COMMISSION OF THE EUROPEAN                                     products with an alcoholic strength of; 86 or more ;
COMMUNITIES,                                                       whereas this provision should be used, since the
                                                                   market in wine spirits is at present oversupplied and
 Having regard to the Treaty establishing the European             may be disturbed if products with an alcoholic
 Economic Community,                                               strength of 85° or less are produced as part of these
 Having regard to Council Regulation (EEC) No                      distillation operations ;
816/70 of 28 April 1970 laying down additional provi­
sions for the common organization of the market in                 Whereas, under the procedure for paying the aid as
wine ('), as last amended by Regulation ( EEC) No                  laid down in Article 3 of the said Regulation , the
 11 67/76 (2), and in particular Article 6b (4) thereof,           producer receives the aid in two instalments ; whereas
                                                                   the second instalment must be paid within a limited
Whereas the harvest of wines suitable for producing                period to enable the producer to collect the entire
certain potable spirits obtained from wine with a regis­           amount of the aid ; whereas it should therefore be laid
tered designation of origin is expected to be abundant             down that payment should be made not later than 30
and, since it cannot be completely absorbed by the                 days after the distillation ;
 production of these spirits, it is likely to disturb the
 market in table wines ; whereas the distillation of this          Whereas the prices of the wines intended for distilla­
wine should therefore be permitted from the begin­                 tion do not permit the sale, under normal conditions,
 ning of the wine marketing year ;                                 of the products obtained from such distillation ;
Whereas Article 6b ( 1 ) provides for two different                whereas it is therefore necessary to pay an aid and to
formulae for distillation operations, which are defined            fix its amount having regard to fiormal costs at a level
in the first and second subparagraphs thereof ;                    which will permit the products obtained to be sold ;
whereas the criteria laid down for using the second
formula are satisfied ; whereas under that formula                 Whereas technical conditions for the approval of
distillation is to be carried out under the conditions             distillers should be laid down ; whereas provision
laid down by the said Article 6b, including the obliga­            should also be made to enable approval in principle to
                                                                   be withdrawn from the distiller in the event of his
tion to observe the period laid down in the first subpa­
ragraph of paragraph 1 and also the provisions laid                default, except in cases of force majeure or accident ;
down pursuant to paragraph 3 thereof ;
                                                                   Whereas the intervention agencies referred to in
Whereas time limits must be laid down                  for the     Article 6 of Regulation (EEC) No 1931 /76 and the
lodging of applications for approval in accordance                 Commission must be informed of the progress of the
with the second subparagraph of Article 1 ( 1 ) of Regu­           distillation operations and must know in particular
lation ( EEC) No 1931 /76 laying down general rules                the quantities of table wine distilled and the quantities
governing the distillation of wines provided for in Arti­          of alcohol obtained ;
cles 6b, 6c, 24a and 24b of Regulation ( EEC) No
81 6/70 (3), as amended by Regulation (EEC) No                     Whereas the measures provided for in this Regulation
2688 /76 (4), both for the approval itself and for the             are in accordance with the opinion of the Manage­
distillation in question , in order to facilitate control          ment Committee for Wine,
measures ;
Whereas those parties which have applied to enter
into a distillation contract must be informed in good              HAS ADOPTED THIS REGULATION :
time of the outcome of the approval procedure ;
Whereas the information to be given in the distilla­
tion contracts should be specified ;                                                         Article 1
Whereas Article 2a of Regulation (EEC) No 1931 /76                 The distillation provided for in the second subpara­
provides for the possibility of limiting distillation to           graph of Article 6b ( 1 ) of Regulation ( EEC) No 816/70
                                                                   is permitted for the 1976/77 marketing year in accor­
(■)  OJ No  L  99, 5 . 5 . 1970, p. 1 .                            dance with Regulation ( EEC) No 1931 /76 for wines
(*)  OJ No  L  1 35, 24. 5 . 1976, p . 42 .
(})  OJ No  L  21 1 , 5. 8 . 1976, p. 5.                           suitable for producing certain potable spirits obtained
(■•) OJ No  L  304, 6. 1 1 . 1976, p. 2.                           from wine with a registered designation of origin .
 ---pagebreak---  20 . 11 . 76                         Official Journal of the European Communities                          No L 320/23
 Applications for the approval of contracts shall be             price shall be paid not later than 30 days after the
 lodged by 31 December 1976.                                    total quantity of wine covered by the contract has
                                                                been distilled . Where the competent intervention
 The approval of contracts shall take place by 31               agency of a Member State has not decided to apply
 January 1977.                                                  the said Article 3 (6) generally, the distiller may apply
                                                                it only after ascertaining that the producer is in agree­
                                                                ment .
 Distillation operations shall be carried out between 15
 December 1976 and 15 May 1977 .
                                                                                         Article 4
                            Article 2
                                                                 1 . No distiller shall be approved within the
 1 . The intervention agency referred to in Article 6           meaning of Article 5 of Regulation (EEC) No
of Regulation (EEC) No 1931 /76 shall inform the                 1931 /76, unless he is able to process the wine into a
contracting parties, not later than 15 days after the           product with an alcoholic strength of 92° or over.
 receipt of the application for approval of distillation
contract, of the outcome of the approval procedure .            2.     Approval shall be withdrawn, except in cases of
                                                                force majeure or accident, if the distiller does not pay
 2.       The contract shall state :                            the producer the buying-in price or if he does not
                                                                fulfil his obligations under Community provisions.
(a) the quantity, colour and actual alcoholic strength
       of the wines to be distilled ;
(b) the name and address of the producer ;                                               Article 5
(c) the place where the wine is stored ;
(d) the name of the distiller and of the distillery ;            1 . Member States shall inform the Commission, by
                                                                 15 February 1977 at the latest, of the quantities of
(e) the address of the distillery.                              wine covered by the approved distillation contracts.
3.       ' Distiller' means the person on whose account         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 table wine distilled during the previous
                                                                month, indicating the quantities, expressed as pure
                            Article 3                           alcohol , and the products which they have obtained.
 1 . The buying-in price fixed in the second subpara­           3 . Member States shall inform the Commission by
graph of Article 6b (2) of Regulation (EEC) No 816/70           telex, not later than the 20th day of each month for
shall be 116 units of account per degree per hectol­            the previous month, of the quantities of wine distilled
itre .                                                          and the quantities, expressed as pure alcohol, of
                                                                products which they have obtained .
2. The amount of the aid provided for in Article 2
of Regulation (EEC) No 1931 /76 shall be 0-62 unit of           4.    Member States shall communicate by 1 July
account per degree per hectolitre if the wine has been          1977 any cases in which distillers have not fulfilled
processed into a product with an alcoholic strength of          their obligations and any measures taken as a result
92° or over.                                                    thereof.
3 . The payments required to be made under Article
3 (2) and (3) of Regulation (EEC) No 1931 /76 shall be                                   Article 6
made not later than 30 days after the conditions laid
down are met .
                                                                This Regulation shall not prejudice the possible appli­
                                                                cation of Article 24b of Regulation (EEC) No 816/70 .
4.       In the case referred to in Article 3 (5) of Regula­
tion (EEC) No 1931 /76, the minimum buying-in
price shall be paid not later than 30 days after the
total quantity of wine covered by the contract has                                      Article 7
entered the distillery.
                                                                This Regulation shall enter into force on the third day
5.       In the case referred to in Article 3 (6) of Regula­    following its publication in the Official Journal of
tion ( EEC) No 1931 /76, the minimum buying-in                  the European Communities.
 ---pagebreak--- No L 320/ 24                  Official Journal of the European Communities                        20 . 11 . 76
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 19 November 1976.
                                                                  For the Commission
                                                                    P. J. LARDINOIS
                                                              Member of the Commission