31976R1931
5 . 8 . 76 Official Journal of the European Communities No L 211 /5
COUNCIL REGULATION (EEC) No 1931 /76 of 20 July 1976 laying down general rules governing the distillation of wines provided for in Articles 6b, 6c, 24a and 24b of Regulation (EEC) No 816/70
THE COUNCIL OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES ,
Having regard to the Treaty establishing the European Article 1 Economic Community, 1 . Producers undertaking the distillation of wine Having regard to Council Regulation (EEC) No pursuant to Articles 6b, 6c, 24a and 24b of Regulation 816/70 of 28 April 1970 laying down additional provi (EEC) No 816/70 shall conclude contracts for the sions for the common organization of the market in delivery of wine with an approved distiller before a date to be fixed . wine ('), as last amended by Regulation (EEC) No 1 167/76 (2), and in particular Articles 6b (3), 6c (3), 24a (5) and 24b (3) thereof, These contracts shall not be valid unless approved by the intervention agency before a date to be fixed. Having regard to the proposal from the Commission, 2. These contracts shall cover :
Whereas the conditions should be laid down under (a) the purchase by the distiller of the quantity of which the distillation operations provided for in Arti wine entered in the contract ; cles 6b, 6c, 24a and 24b of Regulation (EEC) No 816/70 are to be carried out ; (b) the obligation on the distiller to process the wine into a product with an alcoholic strength of 86° or more, or into a product with an alcoholic strength Whereas the different prices for wines for distillation of 85° or less and to pay for it at least the price laid down in the aforementioned Articles normally referred to in Articles 6b (2), 6c (2), 24a (3) or 24b render it impossible to market the products of distilla (2) of Regulation (EEC) No 816/70, as appropriate, tion at market prices ; whereas it is therefore necessary such price being applicable to unpacked goods ex to determine the criteria for fixing the amount of aid producer's premises. so as to enable the products obtained to be disposed of ;
Article 2 Whereas provision should be made for the minimum price guaranteed to the producer to be paid to him, as 1 . For each hectolitre of wine distilled the interven a general rule, within time limits which will enable tion agency shall pay an aid. him to obtain a profit comparable to that which he would have obtained from a commercial sale ; 2 . The amount of the aid shall be fixed on the basis of the minimum buying-in price referred to in Article Whereas provision should be made for producers to 1 (2) (b), the standard processing costs and the price of conclude contracts with distillers subject to approval products obtained by distillation so as to enable these by the intervention agency, in order to facilitate the products to be disposed of. control of the sequence of operations and of the obser vance of the obligations on both parties ; whereas this 3 . The amount of aid granted shall vary depending system would have the added advantage of making it on whether the products of distillation have an alco easier to monitor the quantitative effects of distillation holic strength of : on the market ; — 86 or more , or Whereas in order to ensure appropriate control of the — 85° or less . distillation provided for in Articles 6b, 6c, 24a and 24b of Regulation (EEC) No 816/70, distillers should be subject to a system of approval, However, the amount of aid granted for products with an alcoholic strength of 85° or less may not exceed (•) OJ No L 99, 5. 5. 1970, p. 1 . the amount of aid granted for products with an alco (2) OJ No L 135, 24 . 5. 1976, p . 42. holic strength of 86° or more.
No L 211 /6 Official Journal of the European Communities 5 . 8 . 76
Article 3 vention agency or the distiller in one payment after distillation of the total quantity of wine appearing in 1 . Within two weeks of approval of the contract the the contract . intervention agency shall pay the producer an amount equal to 30 % of the minimum buying-in price Article 4 referred to in Article 1 (2) (b) to be deducted from the aid provided for in Article 2. Distillation shall take place during periods to be fixed.
2. When the total quantity of wine in the contract Article 5 is delivered to the distillery, the distiller shall pay the producer at least the difference between the minimum For the purposes of this Regulation an approved buying-in price referred to in Article 1 (2) (b) and the distiller means a distiller included on a list to be aid provided for in Article 2. compiled by the competent authorities of the Member States. Under the conditions to be laid down as part of 3. When proof is supplied that the total quantity of wine in the contract has been distilled the interven the implementing arrangements, approval may be withdrawn by these authorities from distillers who do tion agency shall pay the producer the difference not fulfil their obligations under this Regulation. between the aid provided for in Article 2 and the amount referred to in paragraph 1 . Article 6 4. Member States may provide that the amount referred to in paragraph 1 shall be paid by the 1 . Member States shall appoint an intervention distiller. In such cases the intervention agency shall agency to be responsible for implementing this Regu lation . reimburse this amount to the distiller when the proof referred to in paragraph 3 is supplied . 2. The intervention agency responsible shall in 5. Where distillation takes place in a Member State every case be that located on the territory where distil other than the Member State where the producer is lation takes place . located, the minimum buying-in price referred to in Article 1 (2) (b) shall be paid by the distiller. Article 7 6. Notwithstanding paragraphs 1 and 4, the This Regulation shall enter into force on 1 September minimum buying-in price may be paid by the inter 1976 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 20 July 1976 . For the Council
The President A. P. L. M. M. van der STEE