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( 1 ) OJ NO L 54 , 5 . 3 . 1979 , P . 1 .

( 2 ) OJ NO L 221 , 12 . 8 . 1978 , P . 9 .

( 3 ) OJ NO L 167 , 5 . 7 . 1979 , P . 19 .

COMMISSION REGULATION ( EEC ) NO 1513/79

OF 19 JULY 1979

AMENDING , IN RESPECT OF THE APPROVAL OF DISTILLERIES , REGULATION ( EEC ) NO 1945/78 LAYING DOWN , FOR THE WINE-GROWING YEAR 1978/79 , DETAILED RULES FOR THE DISTILLATION OF THE BY-PRODUCTS OF WINE-MAKING

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 337/79 OF 5 FEBRUARY 1979 ON THE COMMON ORGANIZATION OF THE MARKET IN WINE ( 1 ), AND IN PARTICULAR ARTICLE 39 ( 7 ) THEREOF ,

WHEREAS ARTICLE 6 OF COMMISSION REGULATION ( EEC ) NO 1945/78 ( 2 ), AS AMENDED BY REGULATION ( EEC ) NO 1391/79 ( 3 ), STIPULATES THAT , IN ORDER TO BE APPROVED FOR THE PURPOSES OF OBLIGATORY DISTILLATION , DISTILLERS MUST BE CAPABLE OF PRODUCING ALCOHOL WITH AN ALCOHOLIC STRENGTH OF MORE THAN 92 * ; WHEREAS , BECAUSE OF THIS MEASURE , CERTAIN GROWERS WHO HAVE OBTAINED THE STIPULATED QUANTITIES OF ALCOHOL CAN NOT BE DEEMED TO HAVE MET THEIR OBLIGATIONS ; WHEREAS , IN ORDER NOT TO PENALIZE THEM , THE DEFINITION OF DISTILLER SHOULD BE EXPANDED ; WHEREAS REGULATION ( EEC ) NO 1945/78 SHOULD THEREFORE BE AMENDED ;

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

ARTICLE 6 ( 1 ) OF REGULATION ( EEC ) NO 1945/78 IS HEREBY AMENDED TO READ AS FOLLOWS :

' 1 . IN ORDER TO BE APPROVED WITHIN THE MEANING OF ARTICLE 6 OF REGULATION ( EEC ) NO 349/79 , DISTILLERS MUST , EXCEPT AS REGARDS THE PRODUCTION OF POTABLE SPIRITS AS REFERRED TO IN ARTICLE 5 OF THAT REGULATION , BE CAPABLE OF PRODUCING EITHER DIRECTLY OR INDIRECTLY ALCOHOL WITH AN ALCOHOLIC STRENGTH OF NOT LESS THAN 92 % VOL . '

ARTICLE 2

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

IT SHALL APPLY WITH EFFECT FROM 1 SEPTEMBER 1978 .

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

DONE AT BRUSSELS , 19 JULY 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT