2001R0442 — EN — 26.06.2001 — 001.001 — 1
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►B COMMISSIONREGULATION(EC)No442/2001
of2March2001
openingcrisisdistillationasprovidedforinArticle30ofCouncilRegulation(EC)No1493/1999for
tablewinesinPortugal
(OJ L 63, 3.3.2001, p. 52)
Amended by:
OfficialJournal
No page date
►M1 Commission Regulation (EC) No 1233/2001 of 22 June 2001 L 168 11 23.6.2001
▼B
COMMISSIONREGULATION(EC)No442/2001
of2March2001
opening crisis distillation as provided for in Article 30 of Council
Regulation(EC)No1493/1999fortablewinesinPortugal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to CouncilRegul ation (EC) No 1493/1999 of 17 May
1999 on the common organisation of the market in wine (1), as last
amended by Regulation (EC) No 2826/2000 (2), and in particular
Articles 30 and 33 thereof,
Whereas:
(1) Article 30 of Regulation (EC) No 1493/1999 provides for the
possibility of opening crisis distillation in the event of exceptionalmarket disturbance caused by major surpluses. Such measures
may be limited to certain categories of wine and/or certain areas
of production and may apply to quality wines psr at the request ofthe Member State.
(2) The Portuguese Government has requested that crisis distillationbe triggered for table wines produced on its territory.
(3) Wine production in Portugal was 6,1 million hectolitres in 1997/98 and 3,8 million hectolitres in 1998/99. It stood at 7,8 millionhectolitres in 1999/2000 and 5,6 million hectolitres in 2000/01.
(4) Stocks of table wine at the start of the marketing year were 3,614million hectolitres in 1998 and 3,437 million hectolitres in 1999,falling to 3,026 million hectolitres in 2000. In 2001, they haverisen sharply to 4,039 million hectolitres, an increase of around33 %. This has had a negative impact on prices, which have fallen
by around 11 % over the current wine year compared with the
same period last year.
(5) Since the conditions laid down in Article 30(5) of Regulation(EC) No 1493/1999 are satisfied, crisis distillation covering amaximum of 450 000 hectolitres of table wine should betriggered. That volume should make it possible to reduce stocksof table wine to an acceptable level. The measure applies for alimited period with a view to maximum effectiveness. No ceiling
should be set on the quantity that individual producers can have
distilled because stocks may vary substantially from one producerto another and depend on sales to a greater extent than on theindividualproducer's annualoutput.
(6) The mechanism to be introduced is provided for in CommissionRegulation (EC) No 1623/2000 of 25 July 2000 laying downdetailed rules for implementing Regulation (EC) No 1493/1999on the common organisation of the market in wine with regard to
market mechanisms (
3), as last amended by Regulation (EC) No
2786/2000 (4). As well as the Articles of this Regulation which
refer to the distillation measures provided for in Article 30 ofRegulation (EC) No 1493/1999, other provisions of Regulation(EC) No 1623/2000 apply, in particular those concerning thedelivery of alcohol to intervention agencies and the payment of an
advance.
(7) The buying-in price to be paid by the distiller to the producershould provide a solution to the problems while allowing
producers to take advantage of the possibility afforded by thismeasure. That price should not, however, be such that it adversely2001R0442 — EN — 26.06.2001 — 001.001 — 2
(1) OJ L 179, 14.7.1999, p. 1.
(2) OJ L 328, 23.12.2000, p. 2.
(3) OJ L 194, 31.7.2000, p. 45.
(4) OJ L 323, 20.12.2000, p. 4.
▼B
affects the application of distillation as provided for in Article 29
of Regulation (EC) No 1493/1999.
(8) The product of crisis distillation must be raw alcohol or neutral
alcohol for compulsory delivery to the intervention agency in
order to avoid disturbing the market for potable alcohol, which issupplied largely by distillation under Article 29 of Regulation(EC) No 1493/1999.
(9) The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
Article 1
Crisis distillation as provided for in Article 30 of Regulation (EC) No
1493/1999 is opened for a maximum of 450 000 hectolitres of tablewines in Portugal.
Article 2
As well as the provisions of Regulation (EC) No 1623/2000 which refer
to Article 30 of Regulation (EC) No 1493/1999, the following provisions
of Regulation (EC) No 1623/2000 shall also apply to the measure
provided for herein:
— Article 62(5) with respect to the payment by the intervention agency
of the price referred to in Article 6(2) of this Regulation,
— Articles 66 and 67 with respect to the advance referred to in Article
6(2) of this Regulation.
Article 3
Producers may conclude contracts as provided for in Article 65 of
Regulation (EC) No 1623/2000 from 5 March 2001 to 12 April 2001.
Such contracts shall entail the lodging of a security equal to EUR 5 perhectolitre. Such contracts may not be transferred.
Article 4
1. The Member State shall determine the rate of reduction to be
applied to the above contracts where the overall quantity covered bycontracts presented exceeds that laid down in Article 1.
2. The Member State shall adopt the administrative provisions
needed to approve the above contracts by 27 April2001, shal lspecifythe rate of reduction applied and the quantity of wine accepted percontract and shall stipulate that the producer can cancel the contract
where the quantity to be distilled is reduced. The Member State shall
notify the Commission before 4 May 2001 of the quantities of such winecovered by contracts approved.
3. The wine shall be delivered to the distilleries by ►
M120 July
2001◄at the latest. The alcohol obtained shall be delivered to the
intervention agency by 30 November 2001 at the latest.
4. Securities shall be released in proportion to the quantities delivered
where the producer provides proof of delivery to the distillery.
5. The security shall be forfeit where no delivery is made within the
time limit laid down.
6. The Member State may limit the number of contracts that
individual producers can conclude under the distillation operation inquestion.
Article 5
The minimum buying-in price for wine delivered for distillation under
this Regulation shall be EUR 1,914 per % vol per hectolitre.2001R0442 — EN — 26.06.2001 — 001.001 — 3
▼B
Article 6
1. Distillers shall deliver the product obtained from distillation to the
intervention agency. That product shall be of an alcoholic strength of at
least 92 % vol.
2. The price to be paid to the distiller by the intervention agency for
raw alcohol delivered shall be EUR 2,2812 per % vol per hectolitre. Thedistiller may receive an advance on that amount in the form of aidamounting to EUR 1,1222 per % vol per hectolitre. The aid shall in thatcase be deducted from the price actually paid.
Article 7
This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Communities .
It shall apply from 5 March 2001.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.2001R0442 — EN — 26.06.2001 — 001.001 — 4