31977R1801

5 . 8 . 77 Official Journal of the European Communities No L 198 /9

COMMISSION REGULATION ( EEC) No 1801 /77 of 3 August 1977 laying down , for the wine-growing year 1977/78 , detailed rules governing the distillation of wines produced from table grapes

THE COMMISSION OF THE EUROPEAN from the distiller in the event of default by the latter COMMUNITIES , for reasons other than force majeure or unavoidable accident ; Having regard to the Treaty establishing the European Economic Community, Whereas the intervention agencies referred to in Article 6 of Council Regulation (EEC) No 1931 /76 Having regard to Council Regulation (EEC) No must be informed of the progress of the distillation 816/70 of 28 April 1970 laying down additional provi­ operations and must in particular know the quantities sions for the common organization of the market in of table wine distilled and the quantities of alcohol wine ( ! ), as last amended by Regulation (EEC) No obtained ; 1 679/77 (2), and in particular Article 24b (4) thereof,

Whereas Article 24b (4) of Regulation (EEC) No Whereas deadlines must be set for the submission of 816/70 lays down that the conditions under which the applications for approval pursuant to the second derogations provided for in paragraph 1 apply to the subparagraph of Article 1 ( 1 ) of Council Regulation varieties included in the classification for a given admi­ (EEC) No 1931 /76 of 20 July 1976 laying down nistrative unit as both wine grapes and table grapes general rules governing the distillation of wines as must ensure that the quantities of wine obtained from provided for in Articles 6b, 6c, 24a and 24b of Regula­ the said exempted varieties correspond to the quanti­ tion (EEC) No 81 6/70 (3), as last amended by Regula­ ties normally used for wine-making ; whereas Commis­ tion (EEC) No 1 675/77 (4) ; whereas deadlines should sion Regulation (EEC) No 2078/76 of 23 August 1976 also be set both for the approval itself and for the laying down, for the wine-growing year 1976/77, rules distillation operation in question, so as to facilitate for the distillation pursuant to Article 24b of Regula­ control measures ; tion (EEC) No 816/70 of wine made from table grapes (5) laid down that the Member States must Whereas those wishing to conclude a distillation determine those quantities by taking as a reference contract need to be informed in good time whether period the wine-growing years 1969/70 to 1975/76 ; their application has been approved ; whereas paragraph 4 of the said Article 24b being designed to maintain the existing state of affairs, the levels fixed by the Member States for the wine­ Whereas it is necessary to specify what points must be growing year 1976/77 in accordance with Regulation covered by the distillation contracts ; (EEC) No 2078/76 should be retained for the wine­ growing year 1977/78 ; Whereas the prices of wines which go for distillation are such as to prevent the normal marketing of the products obtained by such distillation ; whereas it is Whereas the Management Committee for Wine has therefore necessary to provide aid and to fix the not delivered an opinion within the time limit set by amount thereof, including normal costs, at a level its chairman , which enables such products to be marketed ;

Whereas under Article 3 of the aforesaid Regulation aid is to be paid to the producer in two instalments ; whereas, if the producer is to receive all the aid in HAS ADOPTED THIS REGULATION : good time, it should be stipulated that payment of the second instalment must be made within 30 days following the distillation ; Article 1 Whereas technical conditions for the approval of distillers must be laid down ; whereas it is also neces­ This Regulation lays down in respect of the wine­ sary to make provision for withdrawal of approval growing year 1977/78 detailed rules for the distillation pursuant to Article 24b of Regulation (EEC) No (!) OJ No L 99 , 5 . 5 . 1970 , p . 1 . 816/70 of wines produced from table grapes. I2) OJ No L 187, 27. 7. 1977, p . 15 . (3 ) OJ No L 211 , 5 . 8 . 1976, p . 5. (« OJ No L 187, 27 . 7. 1977, p . 3 . (5 ) OJ No L 233 , 24. 8 . 1976, p. 20 .

No L 198 / 10 5 . 8 . 77 Official Journal of the European Communities

Article 2 buying-in price shall be made at the latest 30 days after the total quantity of wine mentioned in the 1 . Applications for approval of the contracts contract has been distilled. If the competent interven­ referred to in Article 1 of Regulation (EEC) No tion agency of a Member State has not decided to 1931 /76 shall be submitted before 15 January 1978 . make general use of the option provided for in the said Article 3 (6), the distiller may make use of that 2. The intervention agency referred to in Article 6 opinion only after obtaining the producer's agree­ of Regulation (EEC) No 1931 /76 shall inform the ment. contracting parties, at the latest 1 5 days after receipt of the application for approval of the distillation contract, whether the application has been approved. Article 5

3 . Distillation operations shall take place between 1 . In order to be approved within the meaning of 15 September 1977 and 30 June 1978 . Article 5 of Regulation (EEC) No 1931 /76, distillers must be capable of processing the wine into a product Article 3 of an alcoholic strength of 86° or over, or into a product of an alcoholic strength of 85° or less. 1 . The contracts referred to in Article 1 of Regula­ tion (EEC) No 1931 /76 shall indicate : 2. Approval shall be withdrawn, except in cases of force majeure or unavoidable accident, if the distiller (a) the quantity, colour and actual alcoholic strength does not pay the buying-in price to the producer or of the wines to be distilled ; does not fulfil his obligations under Community provi­ (b) the name and address of the producer ; sions . (c) the place where the wine is stored ; (d) the name of the distiller or the business name of Article 6 the distillery ; (e) the address of the distillery. Those quantities of wine, as determined by the Member States for the wine-growing year 1976/77 in 2. ' Distiller' means the person on whose account distillation is carried out . accordance with Article 5 of Regulation (EEC) No 2078/76, which have been made from grapes of the varieties included in the classification for a given admi­ Article 4 nistrative unit as both wine grapes and table grapes shall be exempt from the obligation laid down in 1 . The buying-in price, as determined pursuant to Article 24b ( 1 ) of Regulation (EEC) No 816/70. the second subparagraph of Article 24b (2) of Regula­ tion (EEC) No 816/70, shall be 114 units of account per degree and per hectolitre. Article 7

2. The amount of the aid provided for in Article 2 The Member States shall take the necessary steps to of Regulation (EEC) No 1931 /76 shall be : ensure that the provisions of this Regulation are — 0-70 unit of account per degree and per hectolitre applied and in particular shall institute controls to if the wine has been processed into a product prevent wine produced from table grapes from being specified in the first indent of Article 2 (3) of that used for purposes other than distillation . To its end Regulation, any Member State may provide for separate vinifica­ tion and the use of an indicator. — 0-62 unit of account per degree and per hectolitre if the wine has been processed into a product specified in the second indent of Article 2 (3) of Article 8 that Regulation . 1 . Distillers shall send to the intervention agency, 3. Payment pursuant to Article 3 ( 1 ) and (3) of Regu­ at the latest by the 10th of each month, a return of lation (EEC) No 1931 /76 must be made at the latest the quantities of wine produced from table grapes 30 days after the requisite conditions have been fulfilled . distilled during the preceding month, indicating the quantities (expressed in terms of pure alcohol) and the 4. In the case referred to in Article 3 (5) of Regula­ products obtained, showing separately the products tion (EEC) No 1931 /76, payment of the minimum referred to in the first indent of Article 2 (3) of Regula­ buying-in price shall be made at the latest 30 days tion ( EEC) No 1931 /76 and those referred to in the after the total quantity of wine mentioned in the second indent of that paragraph. contract has entered the distillery. 2. Member States shall inform the Commission by 5. In the case referred to in Article 3 (6) of Regula­ telex, at the latest by the 20th of each month in tion (EEC) No 1931 /76, payment of the minimum respect of the preceding month, of :

5 . 8 . 77 Official Journal of the European Communities No L 198/ 11

— the quantities of wine covered by approved distilla­ fulfilled his obligation and the measures taken in tion contracts, consequence thereof. — the quantities of wine distilled and the quantities, expressed as pure alcohol, of products obtained, Article 9 separated in accordance with paragraph 1 .

3 . The Member States shall notify, at the latest by This Regulation shall enter into force on 1 September 31 July 1978, any case where a distiller has not 1977 .

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

Done at Brussels, 3 August 1977.

For the Commission

Finn GUNDELACH Vice-President