31978R2776

30 . 11 . 78 No L 333/ 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EEC) No 2776/78 of 23 November 1978 amending for the second time Regulation (EEC) No 1162/76 on measures designed to adjust wine-growing potential to market requirements

THE COUNCIL OF THE EUROPEAN tion and the prohibition on new planting covers COMMUNITIES, almost all the areas under vines, the exemption referred to in Article 2 (2) (b) of Regulation (EEC) No 1162/76 endangers the effectiveness of that prohibi­ Having regard to the Treaty establishing the European tion ; whereas, therefore, this exemption should no Economic Community, and in particular Article 43 longer be provided for the Member States concerned, thereof,

Having regard to Council Regulation (EEC) No 816/70 of 28 April 1970 laying down additional provi­ sions for the common organization of the market in wine (!), as last amended by Regulation (EEC) No HAS ADOPTED THIS REGULATION : 1861 /78 (2), and in particular Article 17 (5) thereof,

Having regard to the proposal from the Commission, Article 1 Having regard to the opinion of the European Parlia­ ment (3), 1 . In Article 2 ( 1 ) of Regulation (EEC) No 1162/76, the date '30 November 1978' shall be replaced by '30 Whereas Article 5 ( 1 ) of Council Regulation (EEC) No November 1979'. 1162/76 of 17 May 1976 on measures designed to adjust wine-growing potential to market require­ ments (4), as amended by Regulation (EEC) No 2. Article 2 (2) of Regulation (EEC) No 1162/76 3140/76 (5), provided that the Council should adopt, shall be replaced by the following : by 1 October 1978 , the measures necessary to ensure that wine-growing potential is adapted to market '2. However, the following shall be exempt requirements ; whereas, since the Council has been from the prohibition referred to in paragraph 1 : unable to adopt the said measures by that date, a later date should be fixed ; whereas it is also advisable, in (a) in Member States whose production of quality the absence of appropriate measures to ensure the wines psr was less than 50 % of the total wine equilibrium of the wine market and control of wine­ production during the 1972/73, 1973/74 and growing potential, to extend the prohibition on new 1974/75 wine-growing years : planting referred to in Article 2 ( 1 ) of Regulation (EEC) No 1162/76 ; — new planting intended for the production of quality wines psr, Whereas experience has shown that, in the Member — new planting carried out under develop­ States where the production of quality wines psr ment plans which meet the conditions laid constitutes the predominant part of total wine produc­ down in Directive 72/ 159/ EEC ; (!) OJ No L 99, 5. 5. 1970, p. 1 . (2) OJ No L 215, 4. 8 . 1978 , p. 1 . (b) new planting carried out in Member States (3) Opinion delivered on 17 November 1978 (not yet which produce less than 5 000 hectolitres of published in the Official Journal). (4) OJ No L 135, 24. 5. 1976, p. 32. wine annually using grapes harvested on their (5) OJ No L 354, 24. 12. 1976, p. 4. territory ;

No L 333/2 Official Journal of the European Communities 30 . 11 . 78

(c) new planting carried out after re-allocation 2. In Article 5 (2) of Regulation (EEC) No 1162/76, measures or measures concerning expropria­ the date '1 December 1978' shall be replaced by '1 December 1979'. tion in the public interest adopted under current national legislation.'

Article 2 Article 3 1 . In Article 5 ( 1 ) of Regulation (EEC) No 1162/76, the date '1 October 1978' shall be replaced by '1 This Regulation shall enter into force on 1 December October 1979'. 1978 .

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

Done at Brussels, 23 November 1978 . For the Council The President

J. ERTL