31981R0409

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

( 2 ) OJ NO L 360 , 31 . 12 . 1980 , P . 18 .

( 3 ) OJ NO L 234 , 5 . 9 . 1980 , P . 17 .

( 4 ) OJ NO L 351 , 24 . 12 . 1980 , P . 15 .

COMMISSION REGULATION ( EEC ) NO 409/81

OF 18 FEBRUARY 1981

AMENDING FOR THE FOURTH TIME REGULATION ( EEC ) NO 2325/80 IN RESPECT OF THE DATE FOR SUBMITTING APPLICATIONS FOR APPROVAL OF CONTRACTS FOR DELIVERY FOR DISTILLATION

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 3456/80 ( 2 ), AND IN PARTICULAR ARTICLE 12 ( 4 ) AND ARTICLE 65 THEREOF ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 2325/80 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3347/80 ( 4 ), LAID DOWN THAT HOLDERS OF LONG-TERM STORAGE CONTRACTS FOR 1979/80 COULD CONCLUDE CONTRACTS FOR DELIVERY TO A DISTILLERY AND THAT APPLICATIONS FOR APPROVAL OF THE SAID CONTRACTS WERE TO BE SUBMITTED NOT LATER THAN 15 JANUARY 1981 ; WHEREAS SOME OF THE PRODUCERS CAPABLE OF QUALIFYING FOR THE MEASURE DID NOT TAKE THE NECESSARY STEPS IN GOOD TIME , AS THEY ANTICIPATED THAT MARKET RATES WOULD PICK UP ; WHEREAS THE RATES DID NOT PICK UP AND IT SEEMS PROPER , IN ORDER TO REDUCE THE PRESSURE OF SUPPLY ON THE MARKET , TO ALLOW THE SAID PRODUCERS EVEN WHERE THEY HAVE CONCLUDED FOUR-MONTH CONTRACTS TO SEND THEIR WINES TO BE DISTILLED , BY EXTENDING THE TIME LIMIT FOR SUBMITTING APPLICATIONS FOR APPROVAL OF CONTRACTS FOR DELIVERY FOR DISTILLATION ;

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 2325/80 IS HEREBY AMENDED AS FOLLOWS :

1 . IN ARTICLE 4 ( 1 ), ' 15 JANUARY 1981 ' IS REPLACED BY ' 28 FEBRUARY 1981 ' .

2 . IN ARTICLE 9 ( 1 ), ' 15 FEBRUARY 1981 ' IS REPLACED BY 31 MARCH 1981 .

3 . THE FOLLOWING ARTICLE IS INSERTED AFTER ARTICLE 4 :

' ARTICLE 4A

NOTWITHSTANDING THE PROVISIONS OF ARTICLE 2 AND ARTICLE 10 ( 3 ), PRODUCERS WHO HAVE CONCLUDED A STORAGE CONTRACT AS REFERRED TO IN ARTICLE 2 ( 2 ) ( B ) MAY CONCLUDE A CONTRACT FOR DELIVERY OF THE SAME WINE FOR DISTILLATION , WITHIN THE LIMITS REFERRED TO IN ARTICLE 1 ( 1 ) ( A ) AND ( 2 ) ( A ) OF REGULATION ( EEC ) NO 2391/80 .

IN THAT CASE :

- STORAGE CONTRACTS WHICH HAVE NOT YET EXPIRED SHALL BE TERMINATED IN RESPECT OF THE QUANTITY OF WINE WHICH MAY BE COVERED BY A CONTRACT FOR DELIVERY FOR DISTILLATION ; STORAGE AID SHALL BE DUE ONLY IN RESPECT OF THE QUANTITY OF WINE WHICH IS NOT COVERED BY A CONTRACT FOR DELIVERY FOR DISTILLATION ,

- STORAGE CONTRACTS WHICH HAVE EXPIRED SHALL BE CONSIDERED AS COVERING ONLY THE QUANTITY OF WINE WHICH IS NOT SUBJECT TO A CONTRACT FOR DELIVERY FOR DISTILLATION . '

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 JANUARY 1981 .

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

DONE AT BRUSSELS , 18 FEBRUARY 1981 .

FOR THE COMMISSION

POUL DALSAGER

MEMBER OF THE COMMISSION