31976R1281

2 . 6 . 76 Official Journal of the European Communities No L 144/ 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC) No 1281 / 76 of 1 June 1976 amending for the second time Regulation ( EEC) No 567/76 laying down general rules governing the distillation of table wines for which the distillation contract must be approved before 15 April 1976

THE COUNCIL OF THE EUROPEAN majeure, the intervention agency of the Member State COMMUNITIES, concerned should be in a position to authorize the distilleries concerned to resume distillation operations Having regard to the Treaty establishing the European for a number of days equal to the number of days Economic Community, during which distillation was suspended , Having regard to Council Regulation (EEC)> No 816/70 of 28 April 1970 laying down additional provi­ sions for the common organization of the market in HAS ADOPTED THIS REGULATION : wine ('), as last amended by Regulation ( EEC) No 1 160/76 (2), and in particular Article 7 ( 1 ) thereof,

Having regard to the proposal from the Commission , Article 1

Whereas Articles 1 ( 1 ) and 3 of Council Regulation Article 1 ( 1 ) of Regulation (EEC) No 567/76 shall be (EEC) No 567/76 of 15 March 1976 laying down replaced by the following paragraph : general rules governing the distillation of table wines for which the distillation contract must be approved ' 1 . For the first operation , producers who wish before 15 April 1 976 (3), as amended by Regulation to have all or part of their harvest of table wine ( EEC) No 798 /76 (4), laid down time limits for the ditilled shall conclude revocable delivery contracts conclusion of distillation contracts, their approval by with the distillers of their choice before 31 March intervention agencies and the progress of distillation ; 1976. These contracts shall be valid only if they whereas some producers who hesitated to avail them­ are approved by the intervention agency before 15 selves of the option created by the Regulation did not April 1976. submit an application in time ; whereas, therefore, a quantity smaller than that needed to clear the market For the second operation , producers who wish to will be distilled ; whereas provision should therefore have all or part of their harvest of table wine be made for a second distillation operation ; distilled shall conclude revocable delivery Whereas it is necessary to provide that, for the second contracts with the distillers of their choice before distillation operation , the minimum buying-in price 15 June 1976. These contracts shall be valid only can be paid by the intervention agency in one if they are approved by the intervention agency payment in order to minimize administrative pro­ before 30 June 1976.' cedures ;

Whereas the provision laying down a date by which Article 2 distillation operations must be terminated may create difficulties when unforeseen events compel distilleries Article 2 of Regulation ( EEC) No 567/76 shall be to suspend distillation for a certain period ; whereas, supplemented by the following paragraph : to ensure maximum distillation efficiency , it is advis­ able that in chance circumstances or in cases of force ' 7 . Within the framework of the second opera­ tion referred to in Article 1 ( 1 ), the minimum (') OJ No L 99 . 5 . 5 . 1970 , p . 1 . buying-in price may be paid by the intervention ( : ) O ) No L 135, 24. 5 . 1976 , p . I. (3 ) OJ No L 67, 15 . 3 . 1976, p . 25 . agency in one payment after distillation of the h) OJ No L 93, 8 . 4. 1976, p. 10 . total quantity of wine figuring in the contract.'

No L 144/ 2 Official Journal of the European Communities 2 . 6 . 76

Article 3 of the Member State concerned may authorize it to resume distillation for a number of days equal to Article 3 of Regulation (EEC) No 567/76 shall be the number of days during which distillation was replaced by the following : suspended . Distillation must, however, be ' 1 . During the first operation , distillation may completed by no later than 30 September 1976.' not take place before 1 April or after 31 July 1976.

During the second operation, distillation may not Article 4 take place before 15 June or after 30 September 1976 . This Regulation shall enter into force on the day of its publication in the Official Journal of the European 2. Should a distillery be compelled to suspend Communities. distillation operations as a result of chance circum­ stances or force majeure the intervention agency It shall be applicable from 1 June 1976.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 1 June 1976

For the Council

The President

G. THORN