Avis juridique important

Council Regulation (EEC) No 1988/80 of 22 July 1980 amending Regulation (EEC) No 337/79 with regard to the additional intervention measures reserved for holders of long-term private storage contracts in the wine sector Official Journal L 195 , 29/07/1980 P. 0001 - 0002 Greek special edition: Chapter 03 Volume 29 P. 0244 Spanish special edition: Chapter 03 Volume 18 P. 0227 Portuguese special edition Chapter 03 Volume 18 P. 0227

**** ( 1 ) OJ NO C 25 , 1 . 2 . 1980 , P . 11 . ( 2 ) OJ NO C 147 , 16 . 6 . 1980 , P . 33 . ( 3 ) OJ NO C 146 , 16 . 6 . 1980 , P . 19 . ( 4 ) OJ NO L 54 , 5 . 3 . 1979 , P . 1 . ( 5 ) OJ NO L 57 , 29 . 2 . 1980 , P . 32 . COUNCIL REGULATION ( EEC ) NO 1988/80 OF 22 JULY 1980 AMENDING REGULATION ( EEC ) NO 337/79 WITH REGARD TO THE ADDITIONAL INTERVENTION MEASURES RESERVED FOR HOLDERS OF LONG-TERM PRIVATE STORAGE CONTRACTS IN THE WINE SECTOR THE COUNCIL OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY AND IN PARTICULAR ARTICLES 42 AND 43 THEREOF , HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ), HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ), HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ), WHEREAS ARTICLE 12 OF COUNCIL REGULATION ( EEC ) NO 337/79 OF 5 FEBRUARY 1979 ON THE COMMON ORGANIZATION OF THE MARKET IN WINE ( 4 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 459/80 ( 5 ), LAID DOWN UNTIL THE 1979/80 MARKETING YEAR ADDITIONAL INTERVENTION MEASURES RESERVED FOR HOLDERS OF LONG-TERM PRIVATE STORAGE CONTRACTS ; WHEREAS THE APPLICATION OF THESE MEASURES HAS SHOWN THAT IT IS A DEVICE MAKING FOR SOUND MANAGEMENT , THE QUANTITATIVE SCOPE OF WHICH MAY , HOWEVER , PROVE DIFFICULT TO CONTROL ; WHEREAS THE APPLICATION OF STRUCTURAL MEASURES TO ADAPT WINE-GROWING POTENTIAL TO MARKET REQUIREMENTS ON A LASTING BASIS WILL REQUIRE SEVERAL MORE YEARS TO YIELD RESULTS ; WHEREAS IT HAS PROVED NECESSARY FOR THIS REASON TO TAKE , FOR A TRANSITIONAL PERIOD , CERTAIN MEASURES TO STRENGTHEN THE SYSTEM OF MARKET SUPPORT FOR TABLE WINES ; WHEREAS THE LEVEL OF SUCH AID MUST NOT , HOWEVER , CONSTITUTE A BARRIER TO THE ATTAINMENT OF THE AIM OF THE STRUCTURAL MEASURES ; WHEREAS IT APPEARS ADVISABLE FOR THESE REASONS TO APPLY FOR THREE ADDITIONAL WINE-GROWING YEARS THE ABOVEMENTIONED ADDITIONAL MEASURES , WHILE LIMITING BOTH THE QUANTITIES AND THE GUARANTEED PRICE LEVEL OF WINE WHICH MAY BE DISTILLED , HAS ADOPTED THIS REGULATION : ARTICLE 1 THE FOLLOWING ARTICLE SHALL BE INSERTED INTO REGULATION ( EEC ) NO 337/79 : ' ARTICLE 12A 1 . WHERE THE MARKET SUPPORT MEASURES REFERRED TO IN THIS REGULATION ARE INADEQUATE AND WHERE THE REPRESENTATIVE PRICE OF A TYPE OF TABLE WINE REMAINS LOWER THAN THE ACTIVATING PRICE FOR THREE CONSECUTIVE WEEKS , ADDITIONAL MEASURES APPLICABLE TO HOLDERS OF LONG-TERM STORAGE CONTRACTS FOR THE TYPE OF TABLE WINE IN QUESTION SHALL BE TAKEN . 2 . THE ADDITIONAL MEASURES REFERRED TO IN PARAGRAPH 1 SHALL BECOME APPLICABLE AT THE NORMAL DATE OF EXPIRY OF THE STORAGE CONTRACTS CONCERNED AND IN RESPECT OF WINES WHICH , WHEN TAKEN OUT OF STORAGE , COMPLY WITH CONDITIONS TO BE LAID DOWN . THESE MEASURES MAY CONSIST IN PARTICULAR : - IN STORAGE OF THE WINES IN QUESTION DURING A PERIOD TO BE DETERMINED IN ACCORDANCE WITH THE CONDITIONS LAID DOWN FOR LONG-TERM STORAGE , - IN THE DISTILLATION OF THESE WINES , OR OF A CORRESPONDING QUANTITY THEREOF . SUCH MEASURES MAY BE COMBINED . 3 . AS REGARDS THE MEASURE REFERRED TO IN THE SECOND INDENT OF THE SECOND SUBPARAGRAPH OF PARAGRAPH 2 AND IN RESPECT OF THE HOLDER OF A LONG-TERM STORAGE CONTRACT , THE QUANTITY OF TABLE WINE COVERED BY SUCH A CONTRACT WHICH MAY BE DISTILLED SHALL BE LIMITED TO A PERCENTAGE TO BE DETERMINED , WHICH MAY NOT EXCEED 18 % OF THE TOTAL QUANTITY OF THE TABLE WINE PRODUCED BY THAT SAME HOLDER FOR THE MARKETING YEAR IN WHICH THE LONG-TERM CONTRACT WAS CONCLUDED . THE PRICE OF THE WINE FOR DISTILLATION SHALL BE EQUAL TO THE FOLLOWING PERCENTAGES OF THE GUIDE PRICES OBTAINING WHEN THESE LONG-TERM STORAGE CONTRACTS ARE CONCLUDED : - 90 % FOR ALL WHITE TABLE WINES , - 91.5 % FOR ALL RED TABLE WINES . 4 . THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , SHALL ADOPT GENERAL RULES CONCERNING THE DISTILLATION REFERRED TO IN PARAGRAPH 2 AND IN PARTICULAR CONCERNING : - THE CONDITIONS UNDER WHICH DISTILLATION MAY BE CARRIED OUT , - THE CRITERIA FOR DETERMINING THE AMOUNT OF AID WHICH WILL ENABLE THE DISTILLED PRODUCT TO BE DISPOSED OF . 5 . THE DECISION TO INTRODUCE THE MEASURES REFERRED TO IN PARAGRAPH 1 AND THE DETAILED RULES FOR THE APPLICATION OF THIS ARTICLE SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 67 . 6 . THIS ARTICLE SHALL APPLY TO THE 1980/81 , 1981/82 AND 1982/83 WINE YEARS . ' 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 LUXEMBOURG , 22 JULY 1980 . FOR THE COUNCIL THE PRESIDENT C . NEY

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( 1 ) OJ NO C 25 , 1 . 2 . 1980 , P . 11 .

( 2 ) OJ NO C 147 , 16 . 6 . 1980 , P . 33 .

( 3 ) OJ NO C 146 , 16 . 6 . 1980 , P . 19 .

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

( 5 ) OJ NO L 57 , 29 . 2 . 1980 , P . 32 .

COUNCIL REGULATION ( EEC ) NO 1988/80

OF 22 JULY 1980

AMENDING REGULATION ( EEC ) NO 337/79 WITH REGARD TO THE ADDITIONAL INTERVENTION MEASURES RESERVED FOR HOLDERS OF LONG-TERM PRIVATE STORAGE CONTRACTS IN THE WINE SECTOR

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY AND IN PARTICULAR ARTICLES 42 AND 43 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ),

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ),

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ),

WHEREAS ARTICLE 12 OF COUNCIL REGULATION ( EEC ) NO 337/79 OF 5 FEBRUARY 1979 ON THE COMMON ORGANIZATION OF THE MARKET IN WINE ( 4 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 459/80 ( 5 ), LAID DOWN UNTIL THE 1979/80 MARKETING YEAR ADDITIONAL INTERVENTION MEASURES RESERVED FOR HOLDERS OF LONG-TERM PRIVATE STORAGE CONTRACTS ; WHEREAS THE APPLICATION OF THESE MEASURES HAS SHOWN THAT IT IS A DEVICE MAKING FOR SOUND MANAGEMENT , THE QUANTITATIVE SCOPE OF WHICH MAY , HOWEVER , PROVE DIFFICULT TO CONTROL ; WHEREAS THE APPLICATION OF STRUCTURAL MEASURES TO ADAPT WINE-GROWING POTENTIAL TO MARKET REQUIREMENTS ON A LASTING BASIS WILL REQUIRE SEVERAL MORE YEARS TO YIELD RESULTS ; WHEREAS IT HAS PROVED NECESSARY FOR THIS REASON TO TAKE , FOR A TRANSITIONAL PERIOD , CERTAIN MEASURES TO STRENGTHEN THE SYSTEM OF MARKET SUPPORT FOR TABLE WINES ; WHEREAS THE LEVEL OF SUCH AID MUST NOT , HOWEVER , CONSTITUTE A BARRIER TO THE ATTAINMENT OF THE AIM OF THE STRUCTURAL MEASURES ; WHEREAS IT APPEARS ADVISABLE FOR THESE REASONS TO APPLY FOR THREE ADDITIONAL WINE-GROWING YEARS THE ABOVEMENTIONED ADDITIONAL MEASURES , WHILE LIMITING BOTH THE QUANTITIES AND THE GUARANTEED PRICE LEVEL OF WINE WHICH MAY BE DISTILLED ,

HAS ADOPTED THIS REGULATION :

THE FOLLOWING ARTICLE SHALL BE INSERTED INTO REGULATION ( EEC ) NO 337/79 :

' ARTICLE 12A

1 . WHERE THE MARKET SUPPORT MEASURES REFERRED TO IN THIS REGULATION ARE INADEQUATE AND WHERE THE REPRESENTATIVE PRICE OF A TYPE OF TABLE WINE REMAINS LOWER THAN THE ACTIVATING PRICE FOR THREE CONSECUTIVE WEEKS , ADDITIONAL MEASURES APPLICABLE TO HOLDERS OF LONG-TERM STORAGE CONTRACTS FOR THE TYPE OF TABLE WINE IN QUESTION SHALL BE TAKEN .

2 . THE ADDITIONAL MEASURES REFERRED TO IN PARAGRAPH 1 SHALL BECOME APPLICABLE AT THE NORMAL DATE OF EXPIRY OF THE STORAGE CONTRACTS CONCERNED AND IN RESPECT OF WINES WHICH , WHEN TAKEN OUT OF STORAGE , COMPLY WITH CONDITIONS TO BE LAID DOWN .

THESE MEASURES MAY CONSIST IN PARTICULAR :

- IN STORAGE OF THE WINES IN QUESTION DURING A PERIOD TO BE DETERMINED IN ACCORDANCE WITH THE CONDITIONS LAID DOWN FOR LONG-TERM STORAGE ,

- IN THE DISTILLATION OF THESE WINES , OR OF A CORRESPONDING QUANTITY THEREOF .

SUCH MEASURES MAY BE COMBINED .

3 . AS REGARDS THE MEASURE REFERRED TO IN THE SECOND INDENT OF THE SECOND SUBPARAGRAPH OF PARAGRAPH 2 AND IN RESPECT OF THE HOLDER OF A LONG-TERM STORAGE CONTRACT , THE QUANTITY OF TABLE WINE COVERED BY SUCH A CONTRACT WHICH MAY BE DISTILLED SHALL BE LIMITED TO A PERCENTAGE TO BE DETERMINED , WHICH MAY NOT EXCEED 18 % OF THE TOTAL QUANTITY OF THE TABLE WINE PRODUCED BY THAT SAME HOLDER FOR THE MARKETING YEAR IN WHICH THE LONG-TERM CONTRACT WAS CONCLUDED .

THE PRICE OF THE WINE FOR DISTILLATION SHALL BE EQUAL TO THE FOLLOWING PERCENTAGES OF THE GUIDE PRICES OBTAINING WHEN THESE LONG-TERM STORAGE CONTRACTS ARE CONCLUDED :

- 90 % FOR ALL WHITE TABLE WINES ,

- 91.5 % FOR ALL RED TABLE WINES .

4 . THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , SHALL ADOPT GENERAL RULES CONCERNING THE DISTILLATION REFERRED TO IN PARAGRAPH 2 AND IN PARTICULAR CONCERNING :

- THE CONDITIONS UNDER WHICH DISTILLATION MAY BE CARRIED OUT ,

- THE CRITERIA FOR DETERMINING THE AMOUNT OF AID WHICH WILL ENABLE THE DISTILLED PRODUCT TO BE DISPOSED OF .

5 . THE DECISION TO INTRODUCE THE MEASURES REFERRED TO IN PARAGRAPH 1 AND THE DETAILED RULES FOR THE APPLICATION OF THIS ARTICLE SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 67 .

6 . THIS ARTICLE SHALL APPLY TO THE 1980/81 , 1981/82 AND 1982/83 WINE YEARS . '

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 LUXEMBOURG , 22 JULY 1980 .

FOR THE COUNCIL

THE PRESIDENT

C . NEY