Keywords

Summary



Keywords

1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - WINE - PRIVATE STORAGE AID FOR TABLE WINE - CONDITIONS FOR THE GRANT THEREOF - MINIMUM QUANTITY REQUIRED - STORAGE IN A SINGLE PLACE OF STORAGE - NO

( REGULATION ( EEC ) NO 816/70 OF THE COUNCIL ; COMMISSION REGULATION ( EEC ) NO 2015/76 , ART . 5 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - WINE - MEMBER STATES - IMPLEMENTATION OF THE COMMUNITY REGULATIONS - PRIVATE STORAGE AID FOR TABLE WINE - CONTROL PROCEDURE - DISCRETION - DETERMINATION OF THE MAXIMUM DISPERSION OF THE PLACES OF STORAGE - CRITERIA

( COMMISSION REGULATION ( EEC ) NO 2015/76 , ART . 7 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - WINE - MEMBER STATES - IMPLEMENTATION OF THE COMMUNITY REGULATIONS - PRIVATE STORAGE AID FOR TABLE WINE - CONTROL PROCEDURE - DISCRETION - DETERMINATION OF THE MAXIMUM DISPERSION OF THE PLACES OF STORAGE - CRITERIA

( COMMISSION REGULATION ( EEC ) NO 2015/76 , ART . 4 ( 2 ) ( C ) AND ART . 14 )

Summary

1 . IT FOLLOWS BOTH FROM THE RECITALS OF THE PREAMBLE TO REGULATION NO 816/70 OF THE COUNCIL LAYING DOWN ADDITIONAL PROVISIONS FOR THE COMMON ORGANIZATION OF THE MARKET IN WINE AND COMMISSION REGULATION NO 2015/76 ON STORAGE CONTRACTS FOR TABLE WINE , GRAPE MUST AND CONCENTRATED GRAPE MUST AND FROM THE WORDING OF ARTICLE 5 OF THE LATTER REGULATION THAT THE OBJECTIVE OF PRIVATE STORAGE AID FOR TABLE WINE IS TO HAVE AN EFFECT ON MARKET PRICES BY MEANS OF A REDUCTION IN SUPPLY AND THAT STORAGE CONTRACTS MUST THEREFORE RELATE TO SIGNIFICANT QUANTITIES , IN OTHER WORDS QUANTITIES SUFFICIENT TO HAVE AN EFFECT ON MARKET PRICES ; FOR THIS REASON THE CONTRACTS MUST RELATE TO A MINIMUM QUANTITY OF 100 HECTOLITRES . THE ATTAINMENT OF THAT OBJECTIVE IS NOT HOWEVER LINKED TO THE STORAGE IN A SINGLE PLACE OF THE QUANTITIES TEMPORARILY REMOVED FROM THE MARKET . ON THE CONTRARY , THE DUTY TO STORE THE WINE IN A SINGLE STORAGE PLACE MIGHT FORM AN OBSTACLE TO THE ATTAINMENT OF THE ABOVE-MENTIONED OBJECTIVE , IN PARTICULAR WHERE THE WINES ARE THOSE OF VARIOUS PRODUCERS WHO HAVE FORMED A GROUP .

2 . THE INTERVENTION AGENCIES ARE NOT OBLIGED TO CONCLUDE STORAGE CONTRACTS NO MATTER HOW DISPERSED THE PLACES IN WHICH THE WINES ARE STORED . BY GIVING THE MEMBER STATES THE TASK OF AND RESPONSIBILITY FOR ADOPTING ' ' ALL MEASURES TO ENSURE THAT THE NECESSARY CHECKS ARE MADE ' ' , ARTICLE 7 OF REGULATION NO 2015/76 GRANTS THOSE MEMBER STATES A MARGIN OF DISCRETION IN DETERMINING , HAVING REGARD TO THE SPECIFIC CONDITIONS OF THE WINE-GROWING ZONES IN QUESTION , TO WHAT EXTENT A MULTIPLICATION OF THE PLACES OF STORAGE WOULD BE LIKELY TO JEOPARDIZE THE EFFECTIVENESS OF THE CHECK OR TO INCREASE ITS COSTS OUT OF PROPORTION TO THE OBJECTIVE SOUGHT AND THUS JUSTIFY A REFUSAL TO CONCLUDE A STORAGE CONTRACT .

3 . THE EXPRESSION ' ' PLACE OF STORAGE ' ' USED IN ARTICLE 4 ( 2 ) ( C ) AND ARTICLE 14 OF REGULATION NO 2015/76 CANNOT BE INTERPRETED AS OBLIGING THE NATIONAL INTERVENTION AGENCIES TO REFUSE TO CONCLUDE A STORAGE CONTRACT WITH A PRODUCER OR GROUPS OF PRODUCERS OF TABLE WINE OF THE SOLE GROUND THAT THE QUANTITY FORMING THE SUBJECT-MATTER OF THE CONTRACT SOUGHT IS NOT STORED IN A SINGLE PLACE , THAT IS TO SAY ON ONE AND THE SAME PLOT OF LAND . HOWEVER IT IS FOR THE COMPETENT NATIONAL AUTHORITIES TO DETERMINE , HAVING REGARD TO THE SPECIFIC CONDITIONS IN THE WINE-GROWING ZONES IN QUESTION , TO WHAT EXTENT A MULTIPLICATION OF THE PLACES OF STORAGE , WHICH IS LIKELY TO JEOPARDIZE THE EFFECTIVENESS OF THE CHECK ON STORAGE OPERATIONS OR TO MAKE THEM ABNORMALLY EXPENSIVE , ALLOWS THE CONCLUSIONS OF STORAGE CONTRACTS TO BE REFUSED .