31977R2205

6 . 10 . 77 Official Journal of the European Communities No L 255/ 11

COMMISSION REGULATION (EEC) No 2205/77 of 5 October 1977 on preventive distillation for the wine-growing year 1977/78

THE COMMISSION OF THE EUROPEAN sion should be made for approval to be in principle COMMUNITIES, withdrawn from distillers, save in case of force majeure or inevitable accident, where they fail to fulfil Having regard to the Treaty establishing the European their 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 (1), as last amended by Regulation (EEC) No informed of the quantities of wine distilled and of the 1 679/77 (2), and in particular Articles 6b (4) and 35 quantities of alcohol obtained ; thereof,

Whereas Article 6b ( 1 ) of Regulation (EEC) No Whereas the Management Committee for Wine has 816/70 provides that preventive distillation may be not delivered an opinion within the time limit set by decided on where the quantity of table wines of all its chairman, types under storage contracts is equal to or exceeds 7 million hectolitres ; whereas this level has largely been exceeded ; whereas it therefore seems advisable to HAS ADOPTED THIS REGULATION : implement this measure, in view of the general situa­ tion on the wine market, which is 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 1977/78 tion (EEC) No 81 6/70 (3), as last amended by Regula­ and shall be effected in accordance with the provi­ tion (EEC) No 1 675/77 (4) ; whereas in accordance sions of Regulation (EEC) No 1931 /76 and of this with 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 1 February 1978 . 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 February 1978 . 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 ensure that the producer receives the entire amount of 15 October 1977 and 31 July 1978 . the aid in good time ; whereas, therefore, provision should be made for payment to be effected not more than 30 days after distillation ; Article 3

Whereas technical requirements for the approval of 1 . The contracts referred to in Article 1 of Regula­ distillers 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. 1 . (2) OJ No L 187, 27. 7. 1977, p. 15. (3) OJ No L 211 , 5. 8 . 1976, p. 5. (a) the quantity, colour and actual alcoholic strength (4) OJ No L 187, 27. 7. 1977, p. 3 . of the wine to be distilled :

No L 255/ 12 Official Journal of the European Communities 6 . 10 . 77

(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 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 distillation is carried out. 2. Approval shall be withdrawn, except in the event of force majeure or inevitable accident, if the distiller Article 4 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 sub­ pursuant to Community provisions. paragraph of Article 6b (2) of Regulation (EEC) No 816/70 shall be 1-24 units of account per degree per hectolitre . Article 6

2. The amount of the aid provided for in Article 2 1 . Distillers shall send to the intervention agency of Regulation (EEC) No 1931 /76 shall be : not later than the 10th day of each month a return of the quantities of wine distilled during the previous — 0-80 unit of account per degree per hectolitre if month, stating the quantities, expressed in pure the wine is processed into a product as referred to in alcohol, of the products obtained, and making a the first indent of Article 2 (3) of the said Regulation ; distinction between those referred to in the first — 0-70 unit of account per degree per hectolitre if indent of Article 2 (3) of Regulation (EEC) No the wine is processed into a product as referred to in 1931 /76 and those referred to in the second indent the second indent of Article 2 (3) of the said Regula­ thereof. tion . 2. Member States shall inform the Commission, by 3. The payments referred to in Article 3 ( 1 ) and (3) telex, not later than the 20th day of each month in of Regulation (EEC) No 1931 /76 shall be made not respect of the previous month, of : later than 30 days after the conditions laid down have been complied with. — the quantities of wine specified in approved distil­ lation contracts, 4. In the case referred to in Article 3 (5) of Regula­ tion (EEC) No 1931 /76, payment of the minimum — the quantities of wine distilled and the quantities, purchase price shall be made not later than 30 days expressed in pure alcohol, of the products they after the total quantity of wine specified in the have obtained, making the distinction specified in contract has been taken into the distillery. paragraph 1 above.

5. In the case referred to in Article 3 (6) of Regula­ 3 . Member States shall, not later than 31 August tion (EEC) No 1931 /76, payment of the minimum 1978, notify particulars of all cases of distillers who purchase price shall be made not later than 30 days have failed to fulfil their obligations and of the after the total quantity of wine specified in the measures taken in consequence. 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, 5 October 1977.

For the Commission

Finn GUNDELACH Vice-President