31978R2609
No L 315/ 10 9 . 11 . 78 Official Journal of the European Communities
COUNCIL REGULATION (EEC) No 2609/78 of 30 October 1978 amending Regulation (EEC) No 1931 /76 as regards certain distillation operations in the wine sector
THE COUNCIL OF THE EUROPEAN 2. In Article 1 : COMMUNITIES, (a) in the first subparagraph of paragraph 1 the Having regard to the Treaty establishing the European expression '6d' shall be inserted after the expres Economic Community, sion '6c' ;
Having regard to Council Regulation (EEC) No (b) in paragraph 2 (b), the expression '6d (3)' shall 816/70 of 28 April 1970 laying down additional provi be inserted after the expression '6c (2)': sions for the common organization of the market in wine (1), as last amended by Regulation (EEC) No 3. In Article 2a the words 'second subparagraph of 1861 /78 (2), and in particular Articles 6b (3), 6c (3), 6d Article 6 (b) ( 1 )' shall be replaced by the words (4), 7 (1 ), 24a (5) and 24b (3) thereof, 'Article 6 (d) ( 1 )'. Having regard to the proposal from the Commission, 4. In Article 4, second subparagraph, the words 'Arti Whereas Regulation (EEC) No 1931 /76 (3) as last cles 6 (b) and 6 (c)' shall be replaced by the words amended by Regulation (EEC) No 1 675/77 (4), laid 'Articles 6 (b), 6 (c) and 6 (d)\ down general rules governing the distillation of wines provided for in Articles 6b, 6c, 24a and 24b of Regula tion (EEC) No 816/70 ;
Article 2 Whereas it is appropriate to bring up to date refer ences to certain Articles of Regulation (EEC) No 816/70 contained in Regulation (EEC) No 1931 /76 The following Article shall be inserted in Regulation following the amendments made by Regulation (EEC) (EEC) No 1931 /76 : No 1677/77 (5) ; 'Article 4a Whereas, on the basis of experience gained and pending the adoption of new rules in the matter, a certain margin should be allowed for the quantity of 1 . A margin of 10 % more or less than the wine indicated in certain contracts for the delivery of quantity of wine indicated in the contracts referred wines concluded during the 1976/77, 1977/78 and to in Article 1 shall be permitted. 1978/79 marketing years ; whereas moreover, provi sion should be made in chance circumstances or cases This margin shall not, however, be permitted in of force majeure, for aid to be paid in respect of the the case of contracts regarding the distillation quantity of wine which has actually been distilled ; referred to in Article 24a or for that referred to in Article 24b of Regulation (EEC) No 816/70. Whereas Regulation (EEC) No 1931 /76 should there fore be amended accordingly, 2. Where, due to chance circumstances or for reasons of force majeure, all or some of the wine HAS ADOPTED THIS REGULATION : covered by a contract referred to in Article 1 cannot be distilled, the distiller or the producer shall immediately so inform : Article 1 — the intervention agency of the Member State Regulation (EEC) No 1931 /76 is hereby amended as in whose territory the distillation premises are follows : located and, 1 . In the title the expression '6d' shall be inserted — if the producers winery is located in another after the expression '6c'. Member State, the intervention agency of the second Member State. («) OJ No L 99, 5 . 5 . 1970, p. 1 . (») OJ No L 215, 4. 8 . 1978, p. 1 . (J) OJ No L 211 , 5. 8 . 1976, p. 5. (♦) OJ No L 187, 27. 7. 1977, p. 3. 3. In the cases referred to in paragraphs 1 and 2 (») OJ No L 187, 27. 7. 1977, p. 6. the intervention agency shall pay the aid referred
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to in Article 2 (3) in respect of that quantity of Article 3 wine which has actually been distilled.
4. This Article shall apply to delivery contracts This Regulation shall enter into force on the day concluded during the 1976/77, 1977/78 and following its publication in the Official Journal of 1978/79 marketing years.' the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Luxembourg, 30 October 1978 .
For the Council
The President
J. ERTL