31979R0130

26 . 1 . 79 No L 19 / 17 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 130/79

of 25 January 1979

on the granting of aid for concentrated grape must used in wine-making during the 1978/79 wine year

THE COMMISSION OF THE EUROPEAN Whereas it is necessary to fix the aid at an amount COMMUNITIES, which takes account of the markeit price for concen­ trated grape must ; Having regard to the Treaty establishing the European Economic Community,

Whereas the cost price of grape must used in the Having regard to Council Regulation (EEC) No production of concentrated grape must depends on its 816/70 of 28 April 1970 laying down additional provi­ natural alcoholic strength ; whereas the market price sions for the common organization of the market in of grape must with a high natural alcoholic strength wine ('), as last amended by Regulation (EEC) No potential is higher than that of other musts ; whereas, 3065/78 (2), and in particular Article 6 (e) (2) thereof, in order to take this into account, it is essential to

graduate the amount of the aid by fixing a higher Having regard to Council Regulation (EEC) No amount for concentrated musts produced from grape 878/77 of 26 April 1977 on the exchange rates to be musts with the highest natural alcoholic strength ; applied in agriculture (3), as last amended by Regula­ whereas, since the concentration operations have tion (EEC) No 2580/78 (4), and in particular Articles 4 already been carried out, and since it is consequently (3) and 5 thereof, no longer possible to check the natural alcoholic strength of the musts used, it is necessary to restrict Whereas Article 6 (e) of Regulation (EEC) No 816/70 the higher amount of aid to the regions in the provides for the possibility of granting aid for concen­ Community which traditionally produce must with a trated grape must produced within the Community high natural alcoholic strength ; and used to increase the alcoholic strength of wines ;

Whereas the conditions which have marked the begin­ Whereas Article 4 ( 1 ) of Regulation (EEC) No 878/77 ning of the 1978/79 wine year call for the application provides that, as regards the effect on rights and obliga­ of this enrichment measure provided for in Article 18 tions existing at the moment when a representative of Regulation (EEC) No 816/70 ; rate is altered, the provisions in respect of an altera­ tion in the relationship between the parity of the Whereas enrichment operations by the addition of currency of a Member State and the value of the unit concentrated grape must and the quantities of that of account which are contained in Council Regulation product which are held must be declared to the (EEC) No 1134/68 of 30 July 1968 laying down rules competent authorities ; whereas the quantities of for the implementation of Regulation (EEC) No concentrated must which are or which have been used 653/68 on conditions for alterations to the value of for enrichment are known ; whereas the retroactive the unit of account used for the purposes of the application of the proposed measure does not there­ common agricultural policy (5) shall apply ; fore give rise to difficulties ;

Whereas in the wine-growing regions where the Whereas, under Article 4 (2) of Regulation (EEC) No natural alcoholic strength may be increased by the 1 134/68, sums referred to in the said Article are to be addition of saccharose, use of concentrated grape must paid on the basis of the conversion rate applicable at is the exception ; whereas it is therefore appropriate the time when the transaction or part-transaction was that producers in the said regions should not receive carried out ; whereas under Article 6 of the same Regu­ the aid ; lation the time when a transaction is carried out shall be considered as being the date on which the event, as Whereas, in order to give preference to those defined by Community rules or, in the absence of and producers most severely affected by a bad season, this pending adoption of such rules, by the rules of the aid should be restricted to those producers who are Member State concerned, occurs which gives entitle­ able to furnish proof of a yield lower than 70 hecto­ ment to the amount involved in the transaction ; litres per hectare ; whereas, however, by virtue of Article 4 (3) of Regula­ tion (EEC) No 878/77, derogations may be made from (>) OJ No L 99, 5. 5. 1970, p. 1 . the abovementioned provisions ; : (2) OJ No L 366, 28. 12. 1978, p. 9. ; (3) OJ No L 106, 29. 4. 1977, p. 27. > (<) OJ No L 309, 1 . 11 . 1978, p. 13. (») OJ No L 188, 1 . 8 . 1968, p. 1 .

No L 19 / 18 26 . 1 . 79 Official Journal of the European Communities

Whereas, pursuant to Article 2a (2) (e) of Regulation — 116 units of account for concentrated musts origi­ (EEC) No 878/77, the representative rates fixed by the nating in the Italian part of Zone C III and in said Regulation apply from 16 December 1978 in the Corsica, wine sector ; — 1-04 units of account for concentrated musts origi­ nating in other Community regions. Whereas it is necessary, in order to avoid any discrimi­ nation among the operators concerned, to provide for 2. Conversion into national currency of the the application of a single representative rate for all amounts referred to in paragraph 1 shall be carried payments relating to the enrichment operations out by means of the representative rates applicable in referred to in this Regulation ; whereas the enrich­ the wine sector on 15 September 1978 . ment operations referred to in this Regulation may be carried out by 31 December 1978 but whereas they were almost all carried out before 15 December 1978 ; Article 3 whereas, therefore, the representative rates used should be those prevailing in the wine sector on the date 1 . Producers wishing to take advantage of the aid from which this Regulation is applicable, namely 15 provided for in Article 1 shall apply to the competent intervention agency by 15 February 1979 at the latest. September 1978 ;

Whereas the measures provided for in this Regulation 2. Before paying aid, the intervention agencies shall are in accordance with the opinion of the Manage­ satisfy themselves that the conditions laid down in ment Committee for Wine, Article 1 are fulfilled.

HAS ADOPTED THIS REGULATION : Article 4

Article 1 The Member States shall communicate to the Commission by 15 June 1979 the number of Aid shall be granted on the terms laid down in this producers who have received aid, the quantities of Regulation to producers of wine grapes intended for wine subjected to enrichment and the quantities of the production of table wines who are able to furnish concentrated must used for this purpose expressed in proof of a yield lower than 70 hectolitres per hectare degrees of potential alcoholic strength per hectolitre. from the 1978 harvest and whose holdings are situated in wine-growing Zone C, with the exception of the Article 5 French regions where the increase in the natural alco­ holic strength may be achieved by the addition of The Member States shall designate an intervention saccharose pursuant to Article 19 (3) of Regulation agency to be responsible for applying this Regulation. (EEC) No 816/70.

Article2¶

1 . The amount of aid provided for in Article 1 is This Regulation shall enter into force on the day hereby fixed, for concentrated must used in the opera­ following its publication in the Official Journal of tions described in Articles 18 and 19 of Regulation the European Communities. (EEC) No 816/70, in units of account per degree of potential alcoholic strength per hectolitre at : It shall be applicable from 15 September 1978 .

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

Done at Brussels, 25 January 1979 .

For the Commission

Finn GUNDELACH

Vice-President