31978R0314

17 . 2 . 78 Official Journal of the European Communities No L 46/9

COMMISSION REGULATION ( EEC) No 314/ 78 of 16 February 1978 on the distillation for the 1977/78 wine year of wines suitable for producing certain potable spirits obtained from wine with a registered designation of origin

THE COMMISSION OF THE EUROPEAN with an alcoholic strength of 86 or more ; whereas COMMUNITIES , this provision should be applied, since the market in potable spirits is at present oversupplied and may be Having regard to the Treaty establishing the European disturbed if products with an alcoholic strength of 85° Economic Community, or less are produced as a result of these distillation operations ; Having regard to Council Regulation (EEC) No 816/70 of 28 April 1970 laying down additional provi­ Whereas, in order to allow producers to receive the sions for the common organization of the market in whole of the buying-in price with the minimum wine ('), as last amended by Regulation (EEC) No delay, there should be provision requiring the 2560/77 (2), and in particular Article 6d (5) thereof, payments referred to in Article 3 ( 1 ) and (3) of Regula­ tion (EEC) No 1931 /76 to be made within 30 days after the conditions laid down therein have been Whereas Article 6d ( 1 ) of Regulation (EEC) No fulfilled ; 816/70 provides that in years in which the harvest of wine suitable for producing certain potable spirits obtained from wine with a registered designation of Whereas the prices of the wines intended for distilla­ origin exceeds by 1 000 000 hectolitres the volume of tion are not such as to permit the sale, under normal wine used for this purpose in the previous wine year, conditions, of the products obtained from such distilla­ it may be decided that the wines in question may be tion ; whereas it is therefore necessary to pay an aid distilled ; whereas this condition is fulfilled in the case and to fix its amounts at a level which , having regard of the 1977/78 wine year ; whereas distillation of these to normal costs, will permit its sale ; wines should therefore be permitted ;

Whereas technical criteria for the approval of distillers Whereas it should be made clear that this distilling should be laid down ; whereas provision should also operation which was formerly governed by Article 6b be made to enable approval in principle to be with­ of Regulation (EEC) No 816/70 , remains subject to drawn from the distiller in the event of default on his the provisions of Council Regulation (EEC) No part, except in cases of force majeure or inevitable 1931 /76 of 20 July 1976 laying down general rules accident ; governing the distillation of wines provided for in Arti­ cles 6b, 6c, 24a and 24b of Regulation (EEC) No 81 6/70 (3), as last amended by Regulation (EEC) No Whereas the intervention agencies referred to in 1 675/77 (4); Article 6 of Regulation (EEC) No 1931 /76 and the Commission must be informed of the progress of the distillation operations and must in particular receive Whereas, in accordance with Regulation ( EEC) No 1931 /76 and in order to facilitate control measures, information as to the quantities of table wine distilled and the quantities of alcohol obtained ; time limits must be laid down for the lodging of appli­ cations for approval, for the approval itself and for the distillation in question ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage­ Whereas those parties which have applied to enter ment Committee for Wine , into a distillation contract must be informed in good time of the outcome of the approval procedure ;

Whereas the items to be included in the distillation HAS ADOPTED THIS REGULATION : contracts should be specified ;

Whereas Article 2a of Regulation ( EEC) No 1931 /76 makes provision for limiting distillation to products Article 1

(') OJ No L 99, 5. 5 . 1970, p. 1 . Distillation as provided for in Article 6d ( 1 ) of Regula­ (2) OJ No L 303, 28 . 11 . 1977, p. 1 . (3) OJ No L 211 , 5 . 8 . 1976, p. 5. tion ( EEC) No 816/ 70 is hereby authorized for the (4) OJ No L 187, 27 . 7 . 1977, p. 3 . 1977/78 wine year in respect of wines suitable for

No L 46 / 10 17 . 2. 78 Official Journal of the European Communities

producing certain potable spirits obtained from wine total quantity of wine covered by the contract has with a registered designation of origin and shall be entered the distillery. carried out in accordance with Regulation ( EEC) No 1931 / 76 and with this Regulation . 5 . In the case referred to in Article 3 (6) of Regula­ tion (EEC) No 1931 /76, the minimum buying-in Applications for the approval of contracts shall be price shall be paid not later than 30 days after the lodged by 15 March 1978 . total quantity of wine covered by the contract has been distilled. Where the competent intervention agency of a Member State has not decided to apply Contracts must be approved by 31 March 1978 . the said Article 3 (6) generally, the distiller may apply it only after ascertaining that the producer is in agree­ Distillation operations must be carried out between 15 ment . February and 15 July 1978 .

Article4¶

1 . No distiller shall be approved within the 1 . The intervention agency referred to in Article 6 meaning of Article 5 of Regulation (EEC) No 1931 /76 of Regulation ( EEC) No 1931 /76 shall inform the unless he is able to process the wine into a product contracting parties, not later than 15 days after the with an alcoholic strength of 92° or over. receipt of the application for approval of a distillation contract, of the outcome of the approval procedure . 2. Approval shall be withdrawn, except in cases of 2 . Each contract shall state : force majeure or inevitable accident, if the distiller does not pay the producer the buying-in price or if he does not fulfil his obligations under Community provi­ (a) the quantity, colour and actual alcoholic strength sions . of the wines to be distilled ; (b) the name and address of the producer ; (c) the place where the wine is stored ; Article 5 (d) the name of the distiller or the business name of the distillery ; 1 . Distillers shall send to the intervention agency not later than the 10th day of each month, a list of (e) the address of the distillery . the quantities of wine distilled during the previous month , indicating the quantities, expressed as pure 3 . ' Distiller' shall mean a person who distils wines alcohol , and the products which they have obtained. on his own account or for the account of other persons . 2 . Member States shall inform the Commission by telex, not later than the 20th day of each month in respect of the previous month : Article 3 — of the quantities of wine covered by approved 1 . The buying-in price as fixed in Article 6d (3) of distillation contracts, Regulation ( EEC) No 816/70 shall be 1-14 units of — of the quantities of wine distilled, and the quanti­ account per degree per hectolitre . ties, expressed as pure alcohol , of products which they have obtained . 2 . The amount of the aid provided for in Article 2 of Regulation ( EEC) No 1931 /76 shall be 0.70 unit of 3 . Member States shall communicate by 10 August account per degree per hectolitre if the wine has been 1978 particulars of any cases in which distillers have processed into a product with an alcoholic strength of 92° or over . not fulfilled their obligations and of any measures taken as a result .

3 . Payments under Article 3 ( 1 ) and (3) of Regula­ tion ( EEC) No 1931 / 76 shall be made not later than Article 6 30 days after the prescribed conditions are met.

4. In the case referred to in Article 3 (5) of Regula­ This Regulation shall enter into force on the third day tion ( EEC) No 1931 /76, the minimum buying-in following its publication in the Official Journal of price shall be paid not later than 30 days after the the European Communities.

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

Done at Brussels , 16 February 1978 . For the Commission Finn GUNDELACH Vice-President