Avis juridique important

Commission Regulation (EEC) No 2278/79 of 17 October 1979 amending for the third time Regulation (EEC) No 2015/76 with regard to the duration of storage contracts in respect of concentrated grape must Official Journal 262 , 18/10/1979 P. 0019

**** ( 1 ) OJ NO L 54 , 5 . 3 . 1979 , P . 1 . ( 2 ) OJ NO L 162 , 30 . 6 . 1979 , P . 28 . ( 3 ) OJ NO L 221 , 14 . 8 . 1976 , P . 20 . ( 4 ) OJ NO L 351 , 15 . 12 . 1978 , P . 18 . COMMISSION REGULATION ( EEC ) NO 2278/79 OF 17 OCTOBER 1979 AMENDING FOR THE THIRD TIME REGULATION ( EEC ) NO 2015/76 WITH REGARD TO THE DURATION OF STORAGE CONTRACTS IN RESPECT OF CONCENTRATED GRAPE MUST 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 AMENDED BY REGULATION ( EEC ) NO 1303/79 ( 2 ), AND IN PARTICULAR ARTICLES 8 ( 3 ) AND 9 ( 5 ) THEREOF , WHEREAS COMMISSION REGULATION ( EEC ) NO 2015/76 OF 13 AUGUST 1976 ON STORAGE CONTRACTS FOR TABLE WINE , GRAPE MUST AND CONCENTRATED GRAPE MUST ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2945/78 ( 4 ), LAYS DOWN THE CONDITIONS UNDER WHICH CONTRACTS MUST BE CONCLUDED ; WHEREAS DURING THE WINE-MAKING PERIOD A PRODUCER WHO HAS CONCLUDED A STORAGE CONTRACT IN RESPECT OF CONCENTRATED GRAPE MUST IS UNABLE , IN MOST CASES , TO USE HIS MUST FOR ENRICHING OPERATIONS ON ACCOUNT OF THE GAP BETWEEN THE BEGINNING OF WINE-MAKING OPERATIONS AND THE TIME AT WHICH STORAGE CONTRACTS EXPIRE ; WHEREAS , IN ORDER TO AVOID THIS DIFFICULTY , REGULATION ( EEC ) NO 2015/76 SHOULD BE AMENDED BY THE ADDITION OF THE POSSIBILITY OF ALLOWING STORAGE CONTRACTS IN RESECT OF CONCENTRATED GRAPE MUST TO BE TERMINATED WHERE THE WINE PRODUCER NEEDS TO USE HIS MUST IN ORDER TO ENRICH HIS CROPS ; 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 REGULATION ( EEC ) NO 2015/76 IS HEREBY AMENDED AS FOLLOWS : 1 . THE FOLLOWING ARTICLE 11A SHALL BE INSERTED : ' ARTICLE 11A AT THE BEGINNING OF THE WINE-GROWING YEAR THE POSSIBILITY OF TERMINATING LONG-TERM STORAGE CONTRACTS IN RESPECT OF CONCENTRATED GRAPE MUST MAY BE MADE AVAILABLE FOR PRODUCERS WHO NEED TO USE THESE PRODUCTS IN ORDER TO ENRICH THEIR CROP . ' 2 . ARTICLE 12 ( 2 ) SHALL BE REPLACED BY THE FOLLOWING : ' 2 . IN THE CASES REFERRED TO IN ARTICLES 10 ( 3 ) AND 11A , THE AID SHALL BE DUE IN PROPORTION TO THE ACTUAL DURATION OF THE CONTRACT . PAYMENT OF THIS AID SHALL BE MADE NO LATER THAN FOUR WEEKS FOLLOWING THE DAY ON WHICH THE CONTRACT EXPIRES . ' 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 8 OCTOBER 1979 . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 17 OCTOBER 1979 . FOR THE COMMISSION FINN GUNDELACH VICE-PRESIDENT

****

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

( 2 ) OJ NO L 162 , 30 . 6 . 1979 , P . 28 .

( 3 ) OJ NO L 221 , 14 . 8 . 1976 , P . 20 .

( 4 ) OJ NO L 351 , 15 . 12 . 1978 , P . 18 .

COMMISSION REGULATION ( EEC ) NO 2278/79

OF 17 OCTOBER 1979

AMENDING FOR THE THIRD TIME REGULATION ( EEC ) NO 2015/76 WITH REGARD TO THE DURATION OF STORAGE CONTRACTS IN RESPECT OF CONCENTRATED GRAPE MUST

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 AMENDED BY REGULATION ( EEC ) NO 1303/79 ( 2 ), AND IN PARTICULAR ARTICLES 8 ( 3 ) AND 9 ( 5 ) THEREOF ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 2015/76 OF 13 AUGUST 1976 ON STORAGE CONTRACTS FOR TABLE WINE , GRAPE MUST AND CONCENTRATED GRAPE MUST ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2945/78 ( 4 ), LAYS DOWN THE CONDITIONS UNDER WHICH CONTRACTS MUST BE CONCLUDED ;

WHEREAS DURING THE WINE-MAKING PERIOD A PRODUCER WHO HAS CONCLUDED A STORAGE CONTRACT IN RESPECT OF CONCENTRATED GRAPE MUST IS UNABLE , IN MOST CASES , TO USE HIS MUST FOR ENRICHING OPERATIONS ON ACCOUNT OF THE GAP BETWEEN THE BEGINNING OF WINE-MAKING OPERATIONS AND THE TIME AT WHICH STORAGE CONTRACTS EXPIRE ; WHEREAS , IN ORDER TO AVOID THIS DIFFICULTY , REGULATION ( EEC ) NO 2015/76 SHOULD BE AMENDED BY THE ADDITION OF THE POSSIBILITY OF ALLOWING STORAGE CONTRACTS IN RESECT OF CONCENTRATED GRAPE MUST TO BE TERMINATED WHERE THE WINE PRODUCER NEEDS TO USE HIS MUST IN ORDER TO ENRICH HIS CROPS ;

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

REGULATION ( EEC ) NO 2015/76 IS HEREBY AMENDED AS FOLLOWS :

1 . THE FOLLOWING ARTICLE 11A SHALL BE INSERTED :

' ARTICLE 11A

AT THE BEGINNING OF THE WINE-GROWING YEAR THE POSSIBILITY OF TERMINATING LONG-TERM STORAGE CONTRACTS IN RESPECT OF CONCENTRATED GRAPE MUST MAY BE MADE AVAILABLE FOR PRODUCERS WHO NEED TO USE THESE PRODUCTS IN ORDER TO ENRICH THEIR CROP . '

2 . ARTICLE 12 ( 2 ) SHALL BE REPLACED BY THE FOLLOWING :

' 2 . IN THE CASES REFERRED TO IN ARTICLES 10 ( 3 ) AND 11A , THE AID SHALL BE DUE IN PROPORTION TO THE ACTUAL DURATION OF THE CONTRACT . PAYMENT OF THIS AID SHALL BE MADE NO LATER THAN FOUR WEEKS FOLLOWING THE DAY ON WHICH THE CONTRACT EXPIRES . '

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 8 OCTOBER 1979 .

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

DONE AT BRUSSELS , 17 OCTOBER 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT