31976R3148

No L 354/20 Official Journal of the European Communities 24 . 12 . 76

COMMISSION REGULATION ( EEC) No 3148 /76

of 23 December 1976

on preventive distillation for the wine-growing year 1976/77

THE COMMISSION OF THE EUROPEAN sion should be made for approval to be in principle COMMUNITIES, withdrawn from the distiller ; save in case of force majeure or inevitable accidents, he fails to fulfil his Having regard to the Treaty establishing the European obligations ; Economic Community,

Whereas the intervention agencies referred to in Having regard to Council Regulation ( EEC) No Article 6 of Regulation ( EEC) No 1931 /76 and the 816/70 of 28 April 1970 laying down additional provi­ Commission should be informed of the progress of sions for the common organization of the market in the distillation operations and should in particular be wine ('), as last amended by Regulation (EEC) No informed of the quantities of wine distilled and of the 2842/76 (2), and in particular Articles 6b (4) and 35 quantities of alcohol obtained ; thereof,

Whereas Article 6b ( 1 ) of Regulation (EEC) No Whereas the measures provided for in this Regulation 816/70 provides that preventive distillation may be are in accordance with the opinion of the Manage­ decided on whether the quantity of table wines of all ment Committee for Wine , types under storage contracts exceeds 10 million hectolitres ; whereas this level has recently been exceeded ; whereas it therefore seems advisable to implement this measure, in view of the general situa­ HAS ADOPTED THIS REGULATION : tion on the wine market which is still in surplus ;

Whereas preventive distillation should be carried out Article 1 in accordance with the provisions of Council Regula­ tion (EEC) No 1931 /76 of 20 July 1976 laying down Distillation as provided for in the first subparagraph general rules governing the distillation of wines of Article 6b ( 1 ) of Regulation (EEC) No 816/70 is provided for in Articles 6b, 6c, 24a and 24b of Regula­ hereby authorized for the wine-growing year 1976/77 tion (EEC) No 81 6/70 (3), as amended by Regulation and shall be effected in accordance with the provi­ ( EEC) No 2688/76 (4) ; whereas in accordance with sions of Regulation ( EEC) No 1931 /76 and of this Articles 1 ( 1 ) and 4 of that Regulation time limits Regulation . should be fixed for the submission of applications for the approval of distillation contracts, for approval by the intervention agencies and for the distillation opera­ Article 2 tions ; whereas under Article 2 of the said Regulation aid is to be paid in an amount such as will enable the 1 . Applications for approval of the contracts products obtained to be disposed of ; referred to in Article 1 of Regulation (EEC) No Whereas it is also necessary to specify the additional 1931 /76 shall be submitted before 28 February 1977. particulars that must be contained in distillation contracts ; 2. The intervention agency as referred to in Article 6 of Regulation ( EEC) No 1931 /76 shall notify the Whereas the arrangements for the payment of aid set result of the application for approval to the out in Article 3 of Regulation ( EEC) No 1931 /76 contracting parties not later than 15 days after receipt provide for the aid to be paid to the producer in two thereof, and in any case before 15 March 1977. instalments ; whereas payment of the second instal­ ment should be made within a limited period, so as to 3 . Distillation operations shall take place between 1 ensure that the producer receives the entire amount of January 1977 and 31 July 1977 . the aid ; whereas, therefore, provision should be made for payment to be effected not more than 30 days after distillation ; Article J

Whereas technical requirements for the approval of 1 . The contracts referred to in Article 1 of Regula­ distiller should be laid down ; whereas, further, provi tion ( EEC) No 1931 /76 shall contain the following particulars : (') OJ No L 99 , 5 . 5 . 1970 , p. I. (') OJ No L .127, 26 . II . 1976, p. 2 . (3 ) OJ No L 21 1 , 5 . X. 1976, p. 5 . (a) the quantity, colour and actual alcoholic strength (4 ) OJ No L 304, 6 . 1 I. 1976, p. 2 . of the wine to be distilled ,

24 . 12 . 76 No L 354/ 21 Official Journal of the European Communities

(b) the name and address of the producer, Article 5

(c) the place of storage of the wine, 1 . To obtain approval within the meaning of (d) the name of the distiller or the business name of Article 5 of Regulation ( EEC) No 1931 /76, distillers 1 the distillery, must be capable of processing wine into a product (e) the address of the distillery. with an alcoholic strength of 86° or more or a product with an alcoholic strength of 85° or less. 2. ' Distiller' means the party for whom the distilla­ tion is carried out . 2. Approval shall be withdrawn if the distiller, except in the event of force majeure or inevitable acci­ Article 4 dent, does not pay the purchase price to the producer or fails to fulfil the obligations incumbent on him 1 . The purchase price as fixed in the second subpa­ pursuant to Community provisions. ragraph of Article 6b (2) of Regulation (EEC) No 816/70 shall be 1-25 units of account per degree per hectolitre . Article 6

2. The amount of the aid provided for in Article 2 1 . Member States shall inform the Commission not of Regulation (EEC) No 1931 /76 shall be : later than 15 April 1977 of the quantities of wine — 0-71 unit of account per degree per hectolitre if specified in approved distillation contracts. the wine is processed into a product as referred to in the first indent of Article 2 (3) of the said Regu­ 2. Distillers shall send to the intervention agency lation ; not later than the tenth day of each month a return of — 0-63 unit of account per degree per hectolitre if the quantities of wine distilled during the previous the wine is processed into a product as referred to month, stating the quantities, expressed in pure in the second indent of Article 2 (3) of the said alcohol , of the products obtained, and making a distinction between those referred to in the first Regulation . indent of Article 2 (3) of Regulation (EEC) No 3 . The payments referred to in Article 3 (2) and (3) 1931 /76 and those referred to in the second indent of of Regulation (EEC) No 1931 /76 shall be made not Article 2 (3) of that Regulation . later than 30 days after the conditions laid down have been complied with . 3 . Member States shall inform the Commission , by telex, not later than the twentieth day of each month 4. In the case referred to in Article 3 (5) of Regula­ in respect of the previous month , of the quantities of tion (EEC) No 1931 /76, payment of the minimum wine distilled and the quantities expressed . in pure purchase price shall be made not later than 30 days alcohol, of the products they have obtained, making after the total quantity of wine specified in the the distinction specified in paragraph 2 above . contract has been taken into the distillery.

4. Member States shall , not later than 30 June 5. In the case referred to in Article 3 (6) of Regula­ 1977, notify particulars of all cases of distillers who tion (EEC) No 1931 /76, payment of the minimum have failed to fulfil their obligations and of the purchase price shall be made not later than 30 days measures taken in consequence . after the total quantity of wine specified in the contract has been distilled . Where the competent intervention agency of a Member State has not Article 7 decided to make general use of the facility -provided for in the said Article 3 (6), the distiller must first This Regulation shall enter into force on the third day obtain the producer's agreement before making use of following its publication in the Official Journal of that facility. the European Communities.

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

Done at Brussels, 23 December 1976 .

For the Commission

P.J. LARDINOIS

Member of the Commission