31976R2878

30 . 11 . 76 Official Journal of the European Communities No L 331 /3

COUNCIL REGULATION ( EEC) No 2878 /76 of 23 November 1976 amending Regulation (EEC) No 817/70 laying down special provisions relating to quality wines produced in specified regions

THE COUNCIL OF THE EUROPEAN When this yield is being fixed, particular account COMMUNITIES, shall be taken of the yields obtained over the preceding 10 years. Only harvests of satisfactory Having regard to the Treaty establishing the European quality from representative soils of the specified Economic Community, and in particular Article 43 region shall be considered. thereof, Having regard to the proposal from the Commission , The yield per hectare may be fixed at different levels for the same quality wine p.s.r. depending Having regard to the opinion of the European Parlia­ on : ment ('), — the sub-region, commune or part of a Having regard to the opinion of the Economic and commune, and Social Committee (2), — the vine variety or varieties, Whereas the experience gained in applying Council Regulation (EEC) No 817/70 of 28 April 1970 laying from which the grapes used are derived. down special provisions relating to quality wines produced in specified regions (3), as last amended by A yield so fixed may be adjusted by the Member State concerned . Regulation (EEC) No 1 161 /76 (4), shows that Article 10 thereof should be made more specific in particular 2. Use of the designation claimed shall be prohi­ as regards the measures which Member States may take, bited for the entire harvest if the yield referred to in paragraph 1 is exceeded, save where derogations are provided for on a general or individual basis by HAS ADOPTED THIS REGULATION : the Member States under conditions which they shall lay down , on the basis of wine-growing areas Article 1 if appropriate ; these conditions shall relate in particular to the use to which the wines or Article 10 of Regulation (EEC) No 817/70 shall be products in question are to be put.' amended to read as follows : Article 10 Article 2 1 . A yield per hectare expressed in quantities of grapes, of grape must or of wine shall be fixed for This Regulation shall enter into force on the third day each quality wine p.s.r. by the Member State following its publication in the Official Journal of concerned . the European Communities.

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

Done at Brussels, 23 November 1976 . For the Council The President

A. P. L. M. M. van der STEE

(■) OJ No C 238 , 11 . 10 . 1976, p. 48 . (2) Opinion delivered 30 September 1976 ( not yet published in the Official Journal). (3 ) OJ No L 99 , 5 . 5 . 1970 , p . 20 . (4 ) OJ No L 135, 24. 5 . 1976, p. 27.