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( 1 ) OJ NO L 99 , 5 . 5 . 1970 , P . 1 .

( 2 ) OJ NO L 215 , 4 . 8 . 1978 , P . 1 .

( 3 ) SEE PAGE 28 OF THIS OFFICIAL JOURNAL .

COMMISSION REGULATION ( EEC ) NO 2394/78

OF 13 OCTOBER 1978

ON THE APPLICATION OF THE ADDITIONAL MEASURES APPLICABLE TO HOLDERS OF LONG-TERM STORAGE CONTRACTS FOR CERTAIN TABLE WINES FOR THE WINE-GROWING YEAR 1977/78

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 816/70 OF 28 APRIL 1970 LAYING DOWN ADDITIONAL PROVISIONS FOR THE COMMON ORGANIZATION OF THE MARKET IN WINE ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1861/78 ( 2 ), AND IN PARTICULAR ARTICLE 6C ( 4 ) THEREOF ,

WHEREAS THE MEASURES TO SUPPORT THE WINE MARKET WHICH WERE EMPLOYED DURING THE WINE-GROWING YEAR 1977/78 HAVE NOT IN ALL CASES GIVEN THE DESIRED RESULTS ; WHEREAS COMMISSION REGULATION ( EEC ) NO 2393/78 OF 13 OCTOBER 1978 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF THE ADDITIONAL MEASURES APPLICABLE TO HOLDERS OF LONG-TERM STORAGE CONTRACTS FOR TABLE WINE FOR THE WINE-GROWING YEAR 1977/78 ( 3 ) PROVIDES THAT THE PERIOD OF THREE CONSECUTIVE WEEKS REFERRED TO IN ARTICLE 6C ( 1 ) OF REGULATION ( EEC ) NO 816/70 SHALL FALL BETWEEN 1 AUGUST AND 30 NOVEMBER ; WHEREAS SINCE 1 AUGUST THE WEIGHTED AVERAGE PRICE FOR TABLE WINES OF TYPES AI , AII AND AIII HAS REMAINED LOWER THAN THE ACTIVATING PRICE FOR FIVE CONSECUTIVE WEEKS ; WHEREAS THE CONDITIONS LAID DOWN IN ARTICLE 6C ( 1 ) ARE THUS SATISFIED ; WHEREAS IT IS THEREFORE NECESSARY TO ADOPT THE MEASURES REFERRED TO IN THE SAID ARTICLE 6C ;

WHEREAS REGULATION ( EEC ) NO 2393/78 MAKES PROVISION FOR FIXING THE PERCENTAGE OF THE WINE UNDER CONTRACT WHICH MAY BE DISTILLED AND FIXING THE DURATION OF ANY STORAGE CONTRACTS ; WHEREAS , TAKING INTO ACCOUNT THE MARKET SITUATION INDICATED BY THE HARVEST FORECASTS AND THE LEVELS OF STOCKS AT THE END OF THE WINE-GROWING YEAR , THE SAID PERCENTAGE SHOULD BE 50 % AND THE SAID DURATION FOUR MONTHS ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR WINE ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

HOLDERS OF LONG-TERM STORAGE CONTRACTS FOR TABLE WINES OF TYPES AI , AII AND AIII AND FOR WINES WHICH ARE IN CLOSE ECONOMIC RELATIONSHIP THEREWITH MAY , IN ACCORDANCE WITH THE PROVISIONS OF REGULATION ( EEC ) NO 2393/78 :

( A ) CARRY OUT DISTILLATION IN RESPECT OF A QUANTITY OF WINE NOT EXCEEDING 50 % OF THE QUANTITY UNDER CONTRACT ;

( B ) IN RESPECT OF ALL OR PART OF THE QUANTITY WHICH IS NOT DISTILLED UNDER ( A ), CONCLUDE A STORAGE CONTRACT FOR A PERIOD OF FOUR MONTHS .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY WITH EFFECT FROM 16 SEPTEMBER 1978 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 13 OCTOBER 1978 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT