31977R0142
26 . 1 . 77 Official Journal of the European Communities No L 22/23
COMMISSION REGULATION ( EEC) No 142/ 77 of 25 January 1977 fixing an additional rate for determining the quantities of alcohol to be deliv ered as part of the wine deliveries for the 1976/ 77 wine-growing year
THE COMMISSION OF THE EUROPEAN Whereas the distillation of wines which enables the COMMUNITIES , additional rate to be applied should take place in accordance with Council Regulation (EEC) No 1931 /76 of 20 July 1976 laying down general rules governing the distillation of wines provided for in Arti Having regard to the Treaty establishing the European cles 6b, 6c, 24a and 24b of Regulation (EEC) No Economic Community, 81 6/70 (4), as amended by Regulation (EEC) No 2688 /76 (5) ; whereas Articles 1 ( 1 ) and 4 thereof require time limits to be fixed for the submission of Having regard to Council Regulation ( EEC) No applications for approval of distillation contracts, for 816/70 of 28 April 1970 laying down additional provi the approval by the intervention agencies and for the sions for the common organization of the market in distillation operations ; whereas under Article 2 wine ('), as last amended by Regulation ( EEC) No thereof aid should be granted of such an amount as to 2842/76 (2), and in particular Articles 24a (6) and 35 enable the products obtained to be disposed of ; thereof,
Whereas Article 24a ( 1 ) of Regulation ( EEC) No Whereas certain additional particulars need to be 816/70 permits an increase in the quantities of specified in distillation contracts ; alcohol contained in the products subject to the compulsory distillation provided for in Article 24 thereof ; whereas any such increase depends on the Whereas the method of payment of aid referred to in forward estimate ; Article 3 of Regulation (EEC) No 1931 /76 provides that the aid is to be paid to the producer in two instal ments ; whereas payment of the second instalment Whereas the forward estimate shows that the quanti should be made within a limited period to enable the ties available exceed normal requirements for the producer to collect the total amount of the aid ; current wine-growing year ; whereas the said Article whereas , therefore, it should be provided that payment 24a ( 1 ) should therefore be applied ; must be made at the latest 30 days after distillation ;
Whereas the level of the additional rate must depend Whereas technical conditions must be laid down for on the amount of the quantities available surplus to the approval of distillers ; whereas provision should be requirements ; whereas, with respect to table wines, made for withdrawing approval from distillers if they the present situation of the wine market requires that do not fulfil their obligations, except in cases of force the additional rate should be so fixed pursuant to the majeure or accident ; third subparagraph of Article 24a ( 1 ), that distillation operations apply mainly to wines of lower quality ;
Whereas both the intervention agencies referred to in Whereas Article 3 of Commission Regulation ( EEC) Article 6 of Regulation ( EEC) No 1931 /76 and the No 2051 /76 of 19 August 1976 laying down detailed Commission should be informed of the progress of rules for the distillation of the by-products of wine distillation operations and should in particular be making in respect of the 1976/77 wine-growing informed of the quantities of table wine distilled and year (3), has already fixed the alcoholic strengths to be the quantities of alcohol obtained ; taken into consideration for the 1976/ 77 wine growing year for the purpose of determining the volume of alcohol contained in products to be deliv ered for distillation pursuant to Article 24 (2) of Regu Whereas the measures provided for in this Regulation lation ( EEC) No 816/70 ; are in accordance with the opinion of the Manage ment Committee for Wine , (') OJ No L 99, 5 . 5 . 1970, p . 1 . (2 ) OJ No L 327, 26 . 11 . 1976, p. 2 . (4 ) OJ No L 211 , 5 . 8 . 1976, p . 5. h) OJ No L 228 , 20. 8 . 1976, p. 11 . (5 ) OJ No L 304, 6 . 11 . 1976, p . 2.
No L 22/24 Official Journal of the European Communities 26 . 1 . 77
HAS ADOPTED THIS REGULATION : — 0*62 unit of account per degree per hectolitre if the wine is processed into a product referred to in the first indent of Article 2 (3) thereof, Article 1 — 0-54 unit of account per degree per hectolitre if the wine is processed into a product referred to in For the 1976/77 wine-growing year the additional rate the second indent of Article 2 (3) thereof. referred to in the second subparagraph of Article 24a ( 1 ) of Regulation (EEC) No 816/70 shall be 1 % . The 3 . Payments due under Article 3 (2) and (3) of Regu additional rate fixed, referred to in the third subpara lation (EEC) No 1931 /76 shall be made not later than graph of Article 24a ( 1 ), applicable to each producer 30 days after the requisite conditions have been met. for his own production, is set out in the Annex hereto.
The distillation of wine which enables the additional 4. Where Article 3 (5) of Regulation (EEC) No rate referred to in the first subparagraph to be applied 1931 /76 applies, payment of the minimum buying-in shall take place in accordance with Regulation (EEC) price shall be made not later than 30 days after the No 1931 /76 and with this Regulation . total quantity of wine appearing in the contract has entered the distillery.
Article 2 5. Where Article 3 (6) of Regulation (EEC) No 1931 /76 applies, payment of the minimum buying-in 1 . Applications for approval of the contracts price shall be made not later than 30 days after the referred to in Article 1 of Regulation (EEC) No total quantity of wine appearing in the contract has 1931 /76 shall be submitted before 15 April 1977. been distilled. Where the competent intervention agency of a Member State has not decided to make 2. The intervention agency referred to in Article 6 general use of the facility provided for in the said of Regulation (EEC) No 1931 /76 shall, not later than Article 3 (6), the distiller may only make use of it after 1 5 days after the receipt of the application for he has obtained the agreement of the producer. approval of a contract and in any case before 30 April 1977, notify the contracting parties of the outcome of the approval procedure. Article 5
3. The distillation operations shall be carried out 1 . To be approved within the meaning of Article 5 between the date of entry into force of this Regulation of Regulation (EEC) No 1931 /76, distillers must be and 31 July 1977. able to process wine into a product having an alco holic strength of 86° or more, or a product having an alcoholic strength of 85° or less. Article J 2. Approval shall be withdrawn if the distiller, 1 . The contracts referred to in Article 1 of Regula except in the case of accident or force majeure, fails to tion (EEC) No 1931 /76 shall specify : pay the buying-in price to the producer or fails to (a) the quantity, colour, and actual alcoholic strength fulfil his obligations under Community provisions. of the wine to be distilled, (b) the name and address of the producer, Article 6 (c) the place of storage of the wine, (d) the name of the distiller or the business name of 1 . Member States shall inform the Commission , the distillery, not later than 31 May 1977, of the quantities of wine appearing in approved distillation contracts. (e) the address of the distillery .
2. ' Distiller' shall mean the party for whom the 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 wine distilled during the previous month and shall specify the quantities expressed in Article 4 pure alcohol of the products obtained, distinguishing between products referred to in the first indent of 1 . The buying-in price fixed in the second subpara Article 2 (3) of Regulation (EEC) No 1931 /76 and graph of Article 24a (3) of Regulation (EEC) No products referred to in the second indent thereof. 816/70 shall be 1-16 units of account per degree per hectolitre . 3 . Member States shall inform the Commission, by telex, not later than the 20th day of each month, in 2. The amount of« aid provided for in Article 2 of respect of the previous month, of the quantities of Regulation (EEC) No 1931 /76 shall be : wine distilled and the quantities expressed in pure
26 . 1 . 77 Official Journal of the European Communities No L 22/25
alcohol of the products obtained, making the same Article 7 distinction as in paragraph 2. 4 . Member States shall communicate to the Commission not later than 30 June 1977 all cases of This Regulation shall enter into force on the day of its distillers who have failed to respect their obligations publication in the Official Journal of the European and any measures taken in consequence. Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 25 January 1977 . For the Commission Finn GUNDELACH Vice-President
ANNEX
Applicable additional rate as referred to in Article 1
Certain regions in that part of France in Yield and colour of wine wine-growing Zone C where sucrose Other regions in that part of France Regions in wine-growing Zone B may be added pursuant to Article 19 (i) in wine-growing Zone C of Regulation ( EEC) No 816/70
150 hl/ ha or over (')(2 ) 6 % 6% 6%
100 hl / ha or over but less than 150 hl/ ha (') (2 ) 2 % 2 % 2%
Less than 100 hl / ha White (2) 2 % 2% 2% • Red / rosé — Less than 10° 2 % 1 -5 % 1-5% . — 10° or over 2 % 1-5 % 0 %
(') white, red or rose wines . {2 } Excluding wines suitable for producing certain potable wine spirits of registered designation of origin which are distilled for the production of such potable spirits or which are distilled pursuant to Regulation ( EEC) No 2804/ 76 .