****

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

( 2 ) OJ NO L 305 , 14 . 11 . 1980 , P . 1 .

( 3 ) OJ NO L 324 , 20 . 12 . 1979 , P . 13 .

( 4 ) OJ NO L 233 , 4 . 9 . 1980 , P . 21 .

COMMISSION REGULATION ( EEC ) NO 3128/80

OF 3 DECEMBER 1980

AMENDING FOR THE FOURTH TIME REGULATION ( EEC ) NO 2872/79 IN RESPECT OF THE CHARACTERISTICS OF THE WINES SHOWN IN THE DELIVERY CONTRACTS

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 2930/80 ( 2 ), AND IN PARTICULAR ARTICLE 40 ( 5 ) THEREOF ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 2872/79 OF 19 DECEMBER 1979 FIXING AN ADDITIONAL RATE FOR DETERMINING THE QUANTITIES OF ALCOHOL TO BE DELIVERED FOR COMPULSORY DISTILLATION FOR THE 1979/80 WINE-GROWING YEAR ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2312/80 ( 4 ), PROVIDES IN ARTICLE 3 ( 1 ) ( A ) THAT DELIVERY CONTRACTS SHALL SPECIFY CERTAIN CHARACTERISTICS OF THE WINES TO BE DISTILLED ; WHEREAS THE CONTRACTS OFTEN COVER WINES OF RELATIVELY HIGH QUALITY ; WHEREAS THE QUANTITIES OF WINES OF THIS QUALITY AT PRESENT AVAILABLE ARE VERY LIMITED AND IT IS UNDESIRABLE TO REDUCE THEM FURTHER ; WHEREAS IT IS ACCORDINGLY DESIRABLE , WHILE ENSURING THAT PRODUCERS ' OBLIGATIONS ARE COMPLIED WITH , TO ALLOW THE WINE YET TO BE DISTILLED UNDER THE MEASURE REFERRED TO IN ARTICLE 40 OF REGULATION ( EEC ) NO 337/79 TO HAVE DIFFERENT CHARACTERISTICS FROM THOSE SPECIFIED IN THE DELIVERY CONTRACTS ;

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 SUBPARAGRAPH IS HEREBY ADDED TO ARTICLE 3 ( 1 ) OF REGULATION ( EEC ) NO 2872/79 :

' HOWEVER , THE CONTRACTS REFERRED TO IN THE FIRST SUBPARAGRAPH SHALL BE CONSIDERED AS BEING COMPLIED WITH , EVEN IF THE CHARACTERISTICS OF THE SAID WINES DIFFER FROM THOSE SPECIFIED IN THE CONTRACT , PROVIDED THAT THE TOTAL QUANTITY OF ALCOHOL CONTAINED IN THE SAID WINES IS NOT LOWER THAN THAT CONTAINED IN THE QUANTITY OF WINE SPECIFIED IN THE CONTRACT ' .

ARTICLE 2

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

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

DONE AT BRUSSELS , 3 DECEMBER 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT