31976R2804
No L 320/ 22 20 . 11 . 76 Official Journal of the European Communities
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 distillation operations ; Having regard to Council Regulation (EEC) No 816/70 of 28 April 1970 laying down additional provi Whereas, under the procedure for paying the aid as sions for the common organization of the market in laid down in Article 3 of the said Regulation , the wine ('), as last amended by Regulation ( EEC) No producer receives the aid in two instalments ; whereas 11 67/76 (2), and in particular Article 6b (4) thereof, 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 it is therefore necessary to pay an aid and to Whereas Article 6b ( 1 ) provides for two different fix its amount having regard to fiormal costs at a level formulae for distillation operations, which are defined which will permit the products obtained to be sold ; in the first and second subparagraphs thereof ; whereas the criteria laid down for using the second Whereas technical conditions for the approval of formula are satisfied ; whereas under that formula distillation is to be carried out under the conditions distillers should be laid down ; whereas provision should also be made to enable approval in principle to laid down by the said Article 6b, including the obliga be withdrawn from the distiller in the event of his tion to observe the period laid down in the first subpa default, except in cases of force majeure or accident ; ragraph of paragraph 1 and also the provisions laid 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 Article 1 tion contracts should be specified ;
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 .
20 . 11 . 76 No L 320 / 23 Official Journal of the European Communities
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 ; 1 . Member States shall inform the Commission, by (d) the name of the distiller and of the distillery ; 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 the previous month, of the quantities of wine distilled shall be 116 units of account per degree per hectol 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 Article 7 total quantity of wine covered by the contract has 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.
No L 320/ 24 20 . 11 . 76 Official Journal of the European Communities
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