31977R1675
27 . 7 . 77 Official Journal of the European Communities No L 187/ 3
COUNCIL REGULATION (EEC) No 1675/77
of 19 July 1977
amending Regulation (EEC) No 1931 /76 as regards the detailed rules for payments concerning the distillation of wines
THE COUNCIL OF THE EUROPEAN the producer at least the difference between the COMMUNITIES, minimum buying-in price referred to in Article 1 (2) (b) and the aid provided for in Article 2. Having regard to the Treaty establishing the European Economic Community, 2. Within two weeks of entry into the distillery Having regard to Council Regulation (EEC) No of the total quantity of wine in the contract, the 816/70 of 28 April 1970 laying down additional provi intervention agency shall pay the producer an sions for the common organization of the market in amount equal to 30 % of the minimum buying-in wine (! ), as last amended by Regulation (EEC) No price referred to in Article 1 (2) (b) to be deducted 528/77 (2), and in particular Articles 6b (3), 6c (3), 24a from the aid provided for in Article 2. In no case (5) and 24b (3) thereof, may this amount be greater than the said aid.
Having regard to the proposal from the Commission,
3 . When proof is supplied that the total quan Whereas Article 3 ( 1 ) of Council Regulation (EEC) No 1931 /76 of 20 July 1976 laying down general rules tity of wine in the contract has been distilled, the intervention agency shall pay the producer the governing the distillation of wines provided for in Arti difference between the aid provided for in Article cles 6b, 6c, 24a and 24b of Regulation (EEC) No 2 and the amount referred to in paragraph 2. 81 6/70 (3), as amended by Regulation (EEC) No 2688 /76 (4), provides that the intervention agency shall pay producers, within two weeks of approval of the 4. Member States may provide that the amount contract to supply wines, an amount equal to 30 % of referred to in paragraph 2 shall be paid : the minimum buying-in price, to be deducted from the aid ; — by the intervention agency to the producer Whereas the application of this provision has revealed within two weeks of approval of the contract, the risk that this amount may be collected by — by the distiller. producers who do not subsequently abide by the undertaking to carry out distillation ; whereas for this reason the mechanism for payment of the aid should In the latter case the intervention agency shall be changed to avoid the intervention agencies having reimburse this amount to the distiller when the to recover under difficult conditions amounts improp proof referred to in paragraph 3 is supplied . erly paid ;
Whereas it should be specified that, where the amount of the aid does not reach 30 % of the 5. Where distillation takes place in a Member State, other than the Member State where the minimum buying-in price, the advance to be paid by producer is located, the minimum buying-in price the intervention agency to the producer should be referred to in Article 1 (2) (b) shall be paid by the limited to the amount of the aid, distiller.
HAS ADOPTED THIS REGULATION : 6. By way of derogation from paragraphs 1 to 4, the minimum buying-in price may be paid by the Article 1 intervention agency or the distiller in one payment after distillation of the total quantity of Article 3 of Regulation (EEC) No 1931 /76 shall be wine appearing in the contract.' replaced by the following :
1 . When the total quantity of wine in the Article 2 contract enters the distillery, the distiller shall pay
(') OJ No L 99, 5 . 5. 1970 , p . 1 . This Regulation shall enter into force on the third day (2) OJ No L 69, 16. 3 . 1977, p. 1 . (3) OJ No L 211 , 5 . 8 . 1976, p. 5. following its publication in the Official Journal of (4 OJ No L 304, 6 . 11 . 1976, p. 2. the European Communities.
No L 187/4 27 . 7. 77 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 July 1977.
For the Council
The President
A. HUMBLET