CELEX: 51988PC0281
Language: en
Date: 1988-05-20
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 822/87 ON THE COMMON ORGANIZATION OF THE MARKET IN WINE

5. 7. 88                                Official Journal of the European Communities                             N o C 176/7
2.    Member States shall ensure that the intentions of            measures necessary to ensure that similar provisions in
the respondent are not taken into account in determining           collective     agreements,    individual   contracts    of
whether the principle of equality has been infringed in            employment, internal rules of undertakings or in rules
any individual case.                                               governing the independent occupations and professions
                                                                   are likewise abolished or amended.
                       SECTION III
                                                                                            Article 8
                      Final provisions
                                                                   1.    Within two years following expiry of the three year
                          Article 6                                period laid down in Article 7 (1), Member States shall
                                                                   forward all necessary information to the Commission to
Member States shall take care that the provisions                  enable it to draw up a report on the application of this
adopted pursuant to this Directive, together with the              Directive for submission to the Council and the
provisions already in force, are brought to the attention          European Parliament.
of all relevant persons by all appropriate means, for
example at their place of employment.                              2.    Every three years thereafter, Member States shall
                                                                   transmit information to the Commission with respect to
                          Article 7                                progress made in the application of this Directive and
1.    Member States shall bring into force the laws,               provisions already in force, trends in the use of the
regulations and administrative provisions necessary in             provisions contained therein and their evolution to
order to comply with this Directive within three years of          enable the Commission to draw up a report for the
its notification and shall immediately inform the                  Council and the European Parliament every three years.
Commission thereof.
                                                                                            Article 9
2.    Member States shall abolish or amend any
provisions contrary to this Directive and shall take the           This Directive is addressed to the Member States.
              Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 822/87 on the
                                         common organization of the market in wine
                                                      COM(88) 281 final
                                       (Submitted by the Commission on 30 May 1988)
                                                         (88/C 176/10)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Articles 7 and 8 of Council Regulation (EEC) No
                                                                    1883/78 of 2 August 1978 laying down general rules for
Having regard to the Treaty establishing the European              the financing of interventions by the European Agri-
Economic Community and in particular Articles 42 and               cultural Guidance and Guarantee Fund, Guarantee
43 thereof,                                                        Section (3), as last amended by Regulation (EEC) N o
                                                                   2095/87 ( 4 );
Having regard to the proposal from the Commission,
Having regard      to   the   opinion    of   the   European       Whereas, as regards alcohol from distillation as provided
Parliament,                                                        for in Articles 35 and 36 of Regulation (EEC) No
                                                                   822/87, the EAGGF is to bear only the costs arising
Whereas the European Council of 11 and 12 February                 from its disposal in sectors other than on the markets for
 1988 laid down as a guideline the elimination of                  alcohol and spirituous beverages produced in the
potential costs inherent in stocks of agricultural                 Community; whereas, to devaluate such alcohol in a way
products;                                                          similar to that by which alcohol from distillation as
                                                                   provided for in Article 39 of Regulation (EEC) No
"Whereas, in the case of alcohol from distillation as
                                                                    822/87 is depreciated, a special provision is required;
provided for in Article 39 of Council Regulation (EEC)
                                                                   whereas that provision should be inserted into Regu-
No 822/87 ('), as last amended by Commission Regu-
                                                                   lation (EEC) No 822/87,
lation (EEC) No 3992/87 (2), public stocks are in future
to be depreciated by the difference between the buying-
in price and the foreseeable disposal value pursuant to
(') OJ No L 84, 27. 3. 1987, p. 1.                                  O OJ No L 216, 5. 8. 1978, p. 1.
(2) OJ No L 377, 31. 12. 1987, p. 20.                              (4) OJ No L 196, 17. 7. 1987, p. 3.
 ---pagebreak--- N o C 176/8                         Official Journal of the European Communities                                   5. 7. 88
HAS ADOPTED THIS REGULATION:                                       Notwithstanding the second subparagraph, an overall
                                                                   payment on account shall be made to intervention
                          Article 1                                agencies for products held at the end of the 1988
The following subparagraphs are hereby inserted after              financial year and taken over by the intervention
the first subparagraph of Article 37 (2) of Regulation             agencies after 1 September 1982.'
(EEC) N o 822/87:
    'From 1 October 1988 quantities bought in by inter-                                  Article 2
    vention agencies shall qualify for a payment on
    account of the cost of disposal of the products of         This Regulation shall enter into force on the third day
    distillation. The amount of the payment on account         following that of its publication in the Official Journal of
    shall be fixed by the Commission before the                the European Communities.
    beginning of each financial year, taking account of
    the difference between the buying-in price and the         This Regulation shall be binding in its entirety and
    foreseeable selling price.                                 directly applicable in all Member States.