Commission Regulation (EC) No 573/1999 of 16 March 1999 amending Regulation (EC) No 2486/98 introducing preventive distillation as provided for in Article 38 of Council Regulation (EEC) No 822/87 for the 1998/99 wine year
Date: 1999-03-16
Institutions: European Commission
Subjects: France, Italy, distillation, product quality, production quota, table wine

L 70/18

EN

Official Journal of the European Communities

17. 3. 1999

COMMISSION REGULATION (EC) No 573/1999

of 16 March 1999

amending Regulation (EC) No 2486/98 introducing preventive distillation as
provided for in Article 38 of Council Regulation (EEC) No 822/87 for the 1998/99
wine year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 822/87 of
16 March 1987 on the common organisation of
the
market in wine (1), as last amended by Regulation (EC) No
1627/98 (2), and in particular Article 38(5) thereof,

Whereas Commission Regulation (EC) No 2486/98 (3), as
last amended by Regulation (EC) No 520/1999 (4), intro-
duces preventive distillation as provided for in Article 38
of Regulation (EEC) No 822/87;

the final date for

Whereas, after
the submission of
contracts, it was found that there were still limited quant-
ities of wine unsuitable for the market but adversely
affecting it in the Charentes region of France as a result of
the continuing crisis in the cognac sector and in Italy;
whereas, under the circumstances, those wines should be
withdrawn from the market by reintroducing preventive
distillation for a limited volume with a view to improving
the quality of
the wines that should remain on the
market;

Whereas, where the overall volume exceeds the quantities
provided for, Member States must apply a single rate of
reduction to all new contracts submitted;

Whereas, with a view to the sound management of the
quantities in question, it is necessary to derogate from
certain provisions of Commission Regulation (EEC) No
2721/88 of 31 August 1988 laying down detailed rules for
voluntary distillation as provided for in Articles 38, 41
and 42 of Regulation (EEC) No 822/87 (5), as
last
amended by Regulation (EEC) No 2181/91 (6), and to
provide that the quantities applied for in the contracts
and declarations may be reduced;

Whereas, to improve the effectiveness of the measure,
distillation should take place over a short timescale and
the Member States should be permitted to impose more
restrictive measures, in particular the introduction of a
security to accompany the submission of the contract or
declaration;

(1) OJ L 84, 27. 3. 1987, p. 1.
(2) OJ L 210, 28. 7. 1998, p. 8.
(3) OJ L 309, 19. 11. 1998, p. 18.
(4) OJ L 61, 10. 3. 1999, p. 29.
(5) OJ L 241, 1. 9. 1988, p. 88.
(6) OJ L 202, 25. 7. 1991, p. 16.

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

In Regulation (EC) No 2486/98 the following Article 1 a
is added:

‘Article 1a

1.
Preventive distillation of table wine and wine
suitable for yielding table wine as referred to in Article
38 of Regulation (EEC) No 822/87 is reintroduced for
the 1998/99 wine year in the region of Charentes in
France and in Italy for quantities restricted to 50 000
hl and 500 000 hl respectively.

2.
All producers who have produced table wine or
wine suitable for yielding table wine may, by 16 April
1999 at
sign a preventive distillation
contract or declaration with the competent authorities
of the Member State for a quantity restricted to 20 hl
per hectare, specifying in particular:

the latest,

(a) the surname, forename and address of the ap-

plicant;

(b) the quantity of the wine he has produced and
wishes
the
in
Community rules on the quality of the products to
be delivered for distillation;

accordance with

distil

to

(c) the name and address or company name of the

distillery.

The distillation contract or declaration shall be
accompanied by a copy of the production declaration
submitted to the competent authorities for the 1998/
99 wine year.

Applicants shall also provide proof that they hold the
wine in question. The Member States may limit the
number of distillation contracts that a producer may
sign under this Article.

The Member States shall establish the reduction
3.
rate to be applied to the above contracts and declara-
tions if the total quantity exceeds the quantity estab-
lished. They shall take the administrative measures

17. 3. 1999

EN

Official Journal of the European Communities

L 70/19

later than 21 May 1999,

necessary to approve the above contracts or declara-
tions not
indicating the
reduction rate applied and the quantity of wine
accepted per contract or declaration. The Member
States shall notify the Commission of the quantities
contracted for before 4 June 1999.

4. Deliveries to the distilleries must be made by 30
July 1999 at the latest.

the
The Member States may stipulate that
5.
contract or declaration be accompanied by proof that

a security has been lodged as provided for in Article
1(3).

Regulation (EEC) No 2721/88 shall

6.
except for Article 6(1) and (4).'

apply,

Article 2

This Regulation shall enter into force on the third day
following 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 Brussels, 16 March 1999.

For the Commission

Franz FISCHLER

Member of the Commission