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

( 2 ) OJ NO L 336 , 29 . 12 . 1979 , P . 9 .

( 3 ) OJ NO L 320 , 15 . 12 . 1979 , P . 54 .

( 4 ) OJ NO L 297 , 24 . 11 . 1979 , P . 15 .

COMMISSION REGULATION ( EEC ) NO 339/80

OF 13 FEBRUARY 1980

AMENDING REGULATION ( EEC ) NO 2831/79 AS REGARDS THE POSSIBILITY OF TERMINATING SHORT-TERM STORAGE CONTRACTS FOR GRAPE MUST AND CONCENTRATED GRAPE MUST AT THE TIME OF THE CONCLUSION OF A LONG-TERM CONTRACT

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 2961/79 ( 2 ), AND IN PARTICULAR ARTICLES 8 ( 3 ) AND 9 ( 5 ) THEREOF ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 2831/79 ( 3 ) PROVIDED THE POSSIBILITY OF CONCLUDING LONG-TERM STORAGE CONTRACTS FOR GRAPE MUST AND CONCENTRATED GRAPE MUST ;

WHEREAS , IN ORDER TO CLEAR THE MARKET MORE PERMANENTLY AND TO AVOID FRESH DIFFICULTIES AFTER THE EXPIRY OF SHORT-TERM STORAGE CONTRACTS ALREADY CONCLUDED , IT APPEARS APPROPRIATE TO ALLOW A LONG-TERM STORAGE CONTRACT TO BE CONCLUDED IN RESPECT OF MUST WHICH IS SUBJECT TO A SHORT-TERM STORAGE CONTRACT WHICH HAS NOT YET EXPIRED ON THE DATE WHEN REGULATION ( EEC ) NO 2831/79 WAS APPLIED ;

WHEREAS , IN VIEW OF THE PERIOD LAID DOWN FOR THE CONCLUSION OF LONG-TERM STORAGE CONTRACTS , IT IS NECESSARY TO ALLOW SHORT-TERM STORAGE CONTRACTS EXPIRING AFTER 16 DECEMBER 1979 TO BE CONSIDERED AS HAVING BEEN TERMINATED ON THAT DATE , AND LONG-TERM STORAGE CONTRACTS IN RESPECT OF THE SAME PRODUCTS TO BE CONSIDERED AS HAVING BEEN CONCLUDED FOR A PERIOD BEGINNING ON THE SAME DATE ; WHEREAS , IN ORDER TO DO THIS , IT IS NECESSARY TO DEROGATE FROM ARTICLE 8 OF COMMISSION REGULATION ( EEC ) NO 2600/79 ( 4 );

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

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE FOLLOWING ARTICLE 2A IS INSERTED IN REGULATION ( EEC ) NO 2831/79 :

' ARTICLE 2A

SHORT-TERM STORAGE CONTRACTS SHALL , AT THE REQUEST OF THE PARTY CONCERNED , BE TERMINATED IN RESPECT OF THE VOLUME FOR WHICH THE PARTY CONCERNED CONCLUDES AT THE SAME TIME A LONG-TERM STORAGE CONTRACT .

WHERE THE FIRST SUBPARAGRAPH IS APPLIED AND BY WAY OF DEROGATION FROM ARTICLE 8 OF REGULATION ( EEC ) NO 2600/79 , THE TERMINATION OF SHORT-TERM STORAGE CONTRACTS AND THE BEGINNING OF THE PERIOD FOR WHICH LONG-TERM STORAGE CONTRACTS ARE CONCLUDED SHALL BE CONSIDERED AT THE REQUEST OF THE PARTY CONCERNED AS HAVING OCCURRED ON 16 DECEMBER 1979 .

IN SUCH CASE , IN RESPECT OF THE VOLUME THUS MADE SUBJECT TO A LONG-TERM STORAGE CONTRACT , ENTITLEMENT TO SHORT-TERM STORAGE AID SHALL BE RETAINED FOR THE PERIOD DURING WHICH IT HAS BEEN MADE SUBJECT TO SUCH A CONTRACT ' .

ARTICLE 2

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 DECEMBER 1979 .

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

DONE AT BRUSSELS , 13 FEBRUARY 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT