1. 5. 84 Official Journal of the European Communities No L 115/77 COUNCIL REGULATION (EEC) No 1208/84 of 27 April 1984 amending Regulation (EEC) No 337/79 on the common organization of the market in wine THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the proposal from the Commis- sion ('), Having regard to the opinion of the European Parliament (?), Having regard to the opinion of the Economic and Social Committee (%), Whereas experience has shown that the ratio between the guide price and the activating price referred to in Articles 2 and 3, respectively, of Regulation (EEC) No 337/79 (*), as last amended by Regulation (EEC) No 1595/83 (%), has remained fairly steady from one year to another ; whereas the buying-in price for wine deli- vered for the various distillation operations is a per- centage of the guide price fixed by the Council; whereas, therefore, instead of activating prices being fixed annually, an appropriate constant ratio between the two prices should be laid down ; Whereas the system of short-term private storage aid for table wine and must, which was intended to stabilize the market at a period when supply and demand were more or less in balance, plays practically no role in the situation of constant surpluses which has prevailed in the wine sector since 1979 ; whereas the measure’s effectiveness no longer justifies the appreciable financial burden it entails and the measure should therefore be abolished ; Whereas the second subparagraph of Article 11 (2) of Regulation (EEC) No 337/79 lays down that the buying-in price for wine delivered for preventive distil- lation as provided for in that Article is to be raised from 60 to 65 % of the guide price where compulsory distillation as referred to in Article 41 has not been decided upon ; whereas the last two wine years have shown that the uncertainty as to whether distillation as (') OJ No C 338, 15. 12. 1983, p. 8 and O] No C 62, 5. 3. 1984, p. 29. () Opinion delivered on 13 April 1984 (not yet published in the Official Journal). () OJ No C 103, 16. 4. 1984, p. 40. () OJ No L 54, 5. 3. 1979, p. 1. () OJ No L 163, 22. 6. 1983, p. 48. referred to in Article 41 would be decided upon has tended to deter producers from concluding contracts for delivery into preventive distillation, thus jeopar- dizing the market; whereas these measures must be kept separate if they are to fulfil their purpose of improving the market situation; whereas the buying-in price for wines delivered for preventive distillation should be fixed at 65 % of the guide price, in order that the measure should possess the desired incentive effect; ' Whereas the situation should be avoided where, at the time of distillation, producers who increase the alco- holic strength of their wine by the addition of saccha- rose or grape must which has benefited from the aid referred to in Article 14 of Regulation (EEC) No 337/79 gain an undue economic advantage from such operation ; whereas, therefore, an abatement of the purchase price should be provided for, corresponding to the said advantage for all the distillations provided for, with the exception of those referred to in Articles 39 and 40 for which the price level justifies exemp- tion ; Whereas, in years where there is a surplus, the results achieved by preventive distillation play a major role in establishing balance on the market at the beginning of the marketing year ; whereas steps should be taken to ensure that all the quantities of wine covered by deli- very contracts are distilled ; whereas, therefore, where high-price distillation as referred to in Article 15 of Regulation (EEC) No 337/79 is decided upon, provi- sion should be made for restricting it to producers who have concluded contracts or made declarations of delivery for preventive distillation ; Whereas the fourth subparagraph of Article 17 (1) of Regulation (EEC) No 337/79 lays down that, where wines are presented in containers of two litres or less, the reference price is to be increased; whereas, in order for this measure to achieve its purpose, the price should also be increased where the wine is presented in containers of slightly more than two litres ; whereas provision should also be made for altering the reference price for those non-European geographical - areas of the Community whose distance involves addi- tional costs in bringing Community wines to the same marketing stage as imported wine ; Whereas, in order to make it possible to assess the yield per hectare of each wine producer, as laid down in Article 41 (3) of Regulation (EEC) No 337/79, even