Commission Regulation (EEC) No 2847/79 of 17 December 1979 amending for the second time Regulations (EEC) No 2187/79 and (EEC) No 2281/79 on the application of the additional measures applicable to holders of long-term storage contracts for certain table wines for the 1978/79 wine-growing year

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

( 2 ) OJ NO L 297 , 24 . 11 . 1979 , P . 4 .

( 3 ) OJ NO L 252 , 6 . 10 . 1979 , P . 14 .

( 4 ) OJ NO L 262 , 18 . 10 . 1979 , P . 22 .

( 5 ) OJ NO L 290 , 17 . 11 . 1979 , P . 47 .

( 6 ) OJ NO L 252 , 6 . 10 . 1979 , P . 10 .

COMMISSION REGULATION ( EEC ) NO 2847/79

OF 17 DECEMBER 1979

AMENDING FOR THE SECOND TIME REGULATIONS ( EEC ) NO 2187/79 AND ( EEC ) NO 2281/79 ON THE APPLICATION OF THE ADDITIONAL MEASURES APPLICABLE TO HOLDERS OF LONG-TERM STORAGE CONTRACTS FOR CERTAIN TABLE WINES FOR THE 1978/79 WINE-GROWING YEAR

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 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2594/79 ( 2 ), AND IN PARTICULAR ARTICLE 12 ( 4 ) THEREOF ,

WHEREAS COMMISSION REGULATIONS ( EEC ) NO 2187/79 ( 3 ) AND ( EEC ) NO 2281/79 ( 4 ), AS AMENDED BY REGULATION ( EEC ) NO 2546/79 ( 5 ), PROVIDE , IN RESPECT OF THE HOLDERS OF LONG-TERM STORAGE CONTRACTS FOR CERTAIN TABLE WINES , THE OPTION OF DISTILLING A QUANTITY OF WINE UP TO 100 % OF THE QUANTITY COVERED BY THE CONTRACT ; WHEREAS ARTICLE 3 ( 2 ) OF COMMISSION REGULATION ( EEC ) NO 2186/79 ( 6 ) PROVIDES THAT , WHERE THE DISTILLATION RELATES TO WINES OTHER THAN THOSE UNDER STORAGE CONTRACT , THE TOTAL QUANTITY OF ALCOHOL CONTAINED IN THAT WINE MAY NOT BE GREATER THAN THAT CONTAINED IN THE QUANTITY OF WINE UNDER CONTRACT ;

WHEREAS IT SHOULD BE MADE CLEAR THAT , IN THE CASE OF THE DISTILLATION OF A WINE OTHER THAN THAT UNDER STORAGE CONTRACT , THE QUANTITY OF THAT WINE MAY EXCEED THAT OF THE WINE UNDER STORAGE CONTRACT PROVIDED THAT THE LIMITATION REFERRED TO ABOVE RELATING TO THE TOTAL QUANTITY OF ALCOHOL IS RESPECTED ;

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

THE FOLLOWING PARAGRAPH IS ADDED TO ARTICLE 1 OF REGULATION ( EEC ) NO 2187/79 :

' 3 . WHERE , IN ACCORDANCE WITH ARTICLE 3 ( 2 ) OF REGULATION ( EEC ) NO 2186/79 , A WINE OTHER THAN THAT UNDER CONTRACT IS THE SUBJECT OF DISTILLATION , THE QUANTITY OF WINE DELIVERED FOR DISTILLATION MAY BE GREATER THAN THE QUANTITY OF WINE UNDER CONTRACT , PROVIDED THAT THE TOTAL QUANTITY OF ALCOHOL CONTAINED IN THAT WINE IS NOT GREATER THAN THAT CONTAINED IN THE QUANTITY OF WINE UNDER CONTRACT ALLOWED FOR DISTILLATION . '

ARTICLE 2

THE FOLLOWING SECOND PARAGRAPH IS ADDED TO ARTICLE 1 OF REGULATION ( EEC ) NO 2281/79 :

' WHERE , IN ACCORDANCE WITH ARTICLE 3 ( 2 ) OF REGULATION ( EEC ) NO 2186/79 , A WINE OTHER THAN THAT UNDER CONTRACT IS THE SUBJECT OF DISTILLATION , THE QUANTITY OF WINE DELIVERED FOR DISTILLATION MAY BE GREATER THAN THE QUANTITY OF WINE UNDER CONTRACT , PROVIDED THAT THE TOTAL QUANTITY OF ALCOHOL CONTAINED IN THAT WINE IS NOT GREATER THAN THAT CONTAINED IN THE QUANTITY OF WINE UNDER CONTRACT ALLOWED FOR DISTILLATION . '

ARTICLE 3

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

IT SHALL APPLY WITH EFFECT FROM 16 SEPTEMBER 1979 .

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

DONE AT BRUSSELS , 17 DECEMBER 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT