31978R1862

4. 8 . 78 No L 215/ 14 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 1862/78

of 25 July 1978 amending for the second time Regulation (EEC) No 1930/76 on the distillation of the by-products of wine-making

THE COUNCIL OF THE EUROPEAN COMMUNITIES, where application of the fixed price leads to the difficulties referred to above ;

Having regard to the Treaty establishing the European Economic Community, Whereas recourse to this option must not increase the expenditure incurred by the intervention agency and, hence, by the European Agricultural Guidance Having regard to Council Regulation (EEC) No and Guarantee Fund; whereas it is therefore 816/70 of 28 April 1970 laying down additional necessary to correlate the prices differentiated provisions for the common organization of the depending on the origin of the alcohol and the fixed market in wine (*), as last amended by Regulation price; whereas this correlation must be such that the (EEC) No 1861 /78 (2), and in particular Article 24 (6) weighted average of the prices differentiated thereof, depending on the origin of the alcohol is not more than the fixed price,

Having regard to the proposal from the Commission,

HAS ADOPTED THIS REGULATION : Whereas Council Regulation (EEC ) No 1930/76 of 20 July 1976 on the distillation of the by-products of wine-making (3), as amended by Regulation (EEC) No 1676/77 (4), provides that the price to be paid by Article 1 intervention agencies to the distiller shall be fixed annually by the Council on the basis of certain costs and of technical losses ; whereas this price may be The following subparagraph is hereby added to differentiated according to whether marc, lees or Article 3 (2) of Regulation (EEC) No 1930/76 : wine is distilled in order to take into account, where necessary, the differing costs and losses ; '2. The price of the alcohol from wine deliveries shall be fixed as a single price on the basis of : Whereas a fixed price is satisfactory in several regions of the Community; whereas however in other regions the relation between quantities of marc and those of — the cost of distillation, wine and lees is such that the average distillation costs differ from those used to calculate the fixed — the cost of transport, price; whereas this situation makes or risks making it economically impossible in certain of these regions to — technical losses. achieve the objective of the obligation to distil the by-products of wine-making; However, it may be differentiated according to whether marc, lees or wine are distilled, in order to take into account, where necessary, the Whereas it is therefore essential to provide for the possibility that a fixed price be established at the differing costs and losses. same time as prices differentiated depending on the origin of the alcohol, while leaving it to the Member In the case referred to in the second subparagraph States to decide whether to apply the latter in regions above, differentiated prices shall be set at the same time as the fixed price. Member States may decide to apply differentiated prices where (») OJ No L 99, 5. 5. 1970, p. 1 . application of the fixed price makes or threatens (2) See page 1 of this Official Journal . to make it impossible in some regions of the (>) OJ No L 211 , 5. 8 . 1976, p. 1 . Community to distil one or more of the (4) OJ No L 187, 27. 7. 1977, p. 5. by-products of wine-making. The prices fixed for

4 . 8 . 78 Official Journal of the European Communities No L 215/ 15

alcohol derived from the various by-products Article 2 shall be such that their weighted average does not exceed the price of the alcohol from wine This Regulation shall enter into force on 1 September deliveries referred to in paragraph 1 above.' 1978 .

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

Done at Brussels, 25 July 1978 .

For the Council

The President

J. ERTL