31976R2078

No L 233/20 24 . 8 . 76 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 2078 /76 of 23 August 1976 laying down for the wine-growing year 1976/77 rules for the distillation pursuant to Article 24b of Regulation (EEC) No 816/70 of wine made from table grapes

THE COMMISSION OF THE EUROPEAN distillation ; whereas it is therefore necessary to pay COMMUNITIES, aid and to fix the amount thereof on the basis of normal costs at a level which will permit the Having regard to the Treaty establishing the European marketing of the products obtained ; Economic Community,

Whereas technical criteria for the approval of distillers Having regard to Council Regulation (EEC) No should be laid down ; whereas it is also necessary to 816/70 of 28 April 1970 laying down additional provi­ provide for cases in which approval should in prin­ sions for the common organization of the market in ciple be withdrawn from the distiller in the event of wine ('), as last amended by Regulation (EEC) No default by the latter, with the exception of cases of 11 67/76 (2), and in particular Article 24b (4) thereof, force majeure or accident ;

Having regard to Council Regulation (EEC) No 557/76 of 15 March 1976 on the exchange rates to be Whereas the intervention agencies referred to in applied in agriculture and repealing Regulation (EEC) Article 6 of Regulation (EEC) No 1931 /76 and the No 475/75 (3), as amended by Regulation (EEC) No Commission must be informed of the progress of the 1 020/76 (4), and in particular Article 3 ( 1 ) thereof, distillation operations and must know in particular the quantities of table wine distilled and the quantities Whereas it is necessary, in order to facilitate the of alcohol obtained ; control measures, to lay down time limits for the lodging of applications for approval in accordance with the second subparagraph of Article 1 ( 1 ) of Whereas a method should be laid down for deter­ Council Regulation (EEC) No 1931 /76 of 20 July mining the proportion of wine obtained from table 1976 laying down general rules relating to the wine grapes to be distilled pursuant to the second subpara­ distillation operations provided for in Articles 6b, 6c, graph of Article 24b (4) of Regulation (EEC) No 24a and 24b of Regulation (EEC) No 81 6/70 (5), for 816/ 70 ; the approval itself and for the distillation in question ;

Whereas parties who have applied to enter into a Whereas Article 3 of Commission Regulation (EEC) distillation contract must be informed in good time of No 571 /76 of 15 March 1976 laying down detailed the outcome of their applications ; rules for the application of Council Regulation (EEC) No 557/76 on the exchange rates to be applied in agri­ Whereas the information to be given in distillation culture and repealing Regulation ( EEC) No 475/75 (6), as last amended by Regulation (EEC) No 1 026/76 (7), contracts should be specified ; provides that, with regard to the distillation of the by-products of wine-making, a coefficient is to be Whereas, under the procedure for payment of aid laid applied in Italy from 1 September until 15 December down in Article 3 of the above Regulation , the 1976 to ensure that the amounts paid in connection producer receives the aid in two instalments ; whereas, with that operation remain the same for one harvest ; in order to ensure that the producer ultimately whereas the amendments to Regulation (EEC) No receives the entire amount of the aid , a time limit 816/70 which enter into force on 1 September 1976 should be laid down for the payment of the second require that provision to be adjusted ; whereas the instalment ; whereas it should therefore be provided provision in question should also be extended to that this should be paid not later than 30 days after apply to the other distillation operations provided for distillation ; in Articles 24a and 24b of the said Regulation which are carried out under similar economic conditions ; Whereas the prices of wines intended for distillation are such that it is not possible, under normal condi­ tions, to market the products obtained following such Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ (') OJ No L 99, 5 . 5 . 1970, p. 1 . ment Committee for Wine , (2) OJ No L 135, 24 . 5 . 1976, p . 42. b) OJ No L 67, 15. 3. 1976, p. 1 . O OJ No L 115, 1 . 5 . 1976, p. 66 . (o) OJ No L 68 , 15 . 3 . 1976, p . 1 . (5) OJ No L 211 , 5 . 8 . 1976, p. 5 . ( 7) OJ No L 1 1 6, 3 . 5 . 1 976, p. 1 .

24 . 8 . 76 No L 233 / 21 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : buying-in price shall be effected not later than 30 days after the total quantity of wine indicated in the contract has been distilled . Where the relevant inter­ Article 1 vention agency of a Member State has not decided to give general application to the provision contained in This Regulation lays down for the wine-growing year the said Article 3 (6), the distiller may apply that provi­ 1976/77 detailed rules for the distillation pursuant to sion only after ascertaining that the producer is in Article 24b of Regulation (EEC) No 816/70 of wine agreement. made from table grapes.

Article2¶

1 . The intervention agency referred to in Article 6 1 . In order to be approved within the meaning of of Regulation (EEC) No 1931 /76 shall inform the Article 5 of Regulation (EEC) No 1931 /76, distillers contracting parties, not later than two weeks after must be capable of processing the wine into a product receipt of the application for approval of a distillation of an alcoholic strength of 86° or over, or into a contract, of the result of the application . product of an alcoholic strength of 85° or less . / 2. Every contract shall state : 2. Approval shall be withdrawn , except in cases of force majeure or unavoidable accident, if the distiller (a) the quantity, colour and actual alcoholic strength does not pay the producer the buying-in price or if he of the wines to be distilled ; 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 5 the distillery ; (e) the address of the distillery. For the^ purposes of the second subparagraph of Article 24b (4) of Regulation ( EEC) No 816/70 , 3 . ' Distiller' means the person on whose account Member States shall determine , on the basis of the distillation is carried out . results of the last six wine-growing years prior to the year 1976/ 77, the proportion to be distilled in respect of wines produced from varieties listed in the classifi­ Article 3 cation for a particular administrative unit both as wine grapes and table grapes . 1 . The buying-in price, as determined in accor­ dance with the second subparagraph of Article 24b (2) of Regulation (EEC) No 816/70, shall be M6 units of Article 6 account per degree per hectolitre . Member States shall take such measures as are neces­ 2. The amount of the aid provided for in Article 2 sary to ensure that the provisions of this Regulation of Regulation (EEC) No 1931 /76 shall be : are applied and in particular shall institute controls to — 0-62 unit of account per degree per hectolitre if prevent wine made from table grapes from being used the wine has been processed into a product speci­ for purposes other than distillation . Member States fied in the first indent of Article 2 (3 ) of the said may to this end provide that such wine-making be Regulation , carried out separately and that an indicator be used . — 0-54 unit of account per degree per hectolitre if the wine has been processed into a product speci­ Article 7 fied in the second indent of Article 2 (3 ) of the said Regulation . Article 3 of Regulation ( EEC) No 571 /76 is amended to read as follows : 3 . The payments required under Article 3 (2) and (3) of Regulation (EEC) No 1931 /76 shall be effected The amounts to be paid under Articles 24, 24a not later than 30 days after fulfilment of the condi­ and 24b of Regulation ( EEC) No 816/70 shall , tions . from 1 September until 15 December 1976, in respect of Italy, be multiplied by the coefficient 4. In the case referred to in Article 3 ( 5) of Regula­ 1-12369 : tion ( EEC) No 1931 / 76 , payment of the minimum buying-in price shall be effected not later than 30 Article 8 days after the total quantity of wine indicated in the contract has entered the distillery . 1 . Member States shall inform the Commission , by 5 . In the case referred to in Article 3 (6) of Regula­ 30 November 1976 at the latest, of the quantities of tion ( EEC) No 1931 / 76, payment of the minimum wine indicated in approved distillation contracts .

No L 233/22 24. 8 . 76 Official Journal of the European Communities

2. Distillers shall send to the intervention agency, distilled and of the quantities, expressed as pure not later than the 10th of each month , a return of the alcohol, of products so obtained, distinguishing quantities of table wine distilled during the previous between them as provided in paragraph 2 hereof. month, indicating the quantities, expressed as pure 4 . Member States shall before 1 July 1977 inform alcohol, and products obtained by them, distin­ the Commission of any cases in which distillers have guishing those referred to in the first indent of Article not fulfilled their obligations and of the measures 2 (3) of Regulation (EEC) No 1931 /76 from those taken as a result . referred to in the second indent of that paragraph . Article 9 3 . Member States shall inform the Commission by telex, not later than the 20th of each month in respect This Regulation shall enter into force on 1 September • 1976 . of the previous month , of the quantities of wine

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

Done at Brussels, 23 August 1976.

For the Commission

Henri SIMONET Vice-President