Commission Regulation (EC) No 761/2005 of 19 May 2005 opening crisis distillation as provided for in Article 30 of Council Regulation (EC) No 1493/1999 for certain wines in France
Date: 2005-05-19
Institutions: European Commission
Subjects: France, aid system, distillation, intervention agency, viticulture, wine, wine of superior quality

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Official Journal of the European Union

20.5.2005

COMMISSION REGULATION (EC) No 761/2005

of 19 May 2005

opening crisis distillation as provided for in Article 30 of Council Regulation (EC) No 1493/1999 for
certain wines in France

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1493/1999 of
17 May 1999 on the common organisation of the market in
wine (1), and in particular Article 33(1)(f) thereof,

Whereas:

Article 30 of Regulation (EC) No 1493/1999 provides
for the possibility of a crisis distillation measure in the
event of exceptional market disturbance due to major
surpluses. Such measures may be limited to certain cate-
gories of wine and/or certain areas of production, and
may apply to quality wines psr at the request of the
Member State concerned.

By letter of 18 February 2005, the French Government
requested that crisis distillation be opened for quality still
wine produced in specified regions (psr) in its territory.
Further information was forwarded on 25 February and
25 March 2005.

Considerable surpluses have been recorded on the French
market in quality still wine psr, which are reflected in a
fall in prices and a worrying rise in stocks towards the
end of the current marketing year. In order to reverse
this negative trend, and so remedy the difficult market
situation, stocks of quality still wine psr should be
reduced to a level that can be regarded as normal
in
terms of covering market requirements.

market in wine with regard to market mechanisms (2) as
regards the distillation measure provided for in Article 30
of Regulation (EC) No 1493/1999. Other provisions of
Regulation (EC) No 1623/2000 must also apply,
in
particular those concerning the delivery of alcohol to
intervention agencies and the payment of advances.

(6)

(7)

The price distillers must pay producers should be set at a
level that permits the market disturbance to be dealt with
by allowing producers to take advantage of the possi-
bility afforded by this measure.

The product of crisis distillation must be raw or neutral
alcohol only, for compulsory delivery to the intervention
agency in order to avoid disturbing the market
for
potable alcohol, which is supplied largely by the distil-
lation provided for in Article 29 of Regulation (EC)
No 1493/1999.

(8)

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

Crisis distillation as provided for in Article 30 of Regulation
(EC) No 1493/1999 is hereby opened for a maximum of 1.5
million hectolitres of quality still wine produced in specified
regions (psr) in France,
in accordance with the provisions of
Regulation (EC) No 1623/2000 concerning this type of distil-
lation.

Since the conditions laid down in Article 30(5) of Regu-
lation (EC) No 1493/1999 are satisfied, a crisis distil-
lation measure should be opened for a maximum of
1.5 million hectolitres of quality still wine psr.

Producers may conclude contracts as provided for in Article 65
of Regulation (EC) No 1623/2000 (hereinafter referred to as ‘the
contract’) from 23 May 2005 to 15 July 2005.

Article 2

The crisis distillation opened by this Regulation must
comply with the conditions laid down by Commission
Regulation (EC) No 1623/2000 of 25 July 2000 laying
down detailed rules for implementing Regulation (EC)
the
No 1493/1999 on the common organisation of

Contracts shall be accompanied by proof that a security equal
to EUR 5 per hectolitre has been lodged.

Contracts may not be transferred.

(1) OJ L 179, 14.7.1999, p. 1. Regulation last amended by the Act of

(2) OJ L 194, 31.7.2000, p. 45. Regulation last amended by Regulation

Accession of 2003.

(EC) No 616/2005 (OJ L 103, 22.4.2005, p. 15.)

(1)

(2)

(3)

(4)

(5)

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Official Journal of the European Union

L 127/7

Article 3

Article 5

1.
If the total quantity covered by the contracts submitted to
the intervention agency exceeds the quantity laid down in
Article 1, France shall determine the rate of reduction to be
applied to the above contracts.

France shall

2.
take the administrative steps necessary to
approve the above contracts by 15 August at the latest. The
approval shall specify any rate of reduction applied and the
quantity of wine accepted per contract and shall stipulate that
the producer may cancel the contract where the quantity to be
distilled is reduced.

France shall notify the Commission before 1 September of the
quantities of wine covered by approved contracts.

France may limit the number of contracts that individual

3.
producers may conclude under this Regulation.

Article 4

1.
The quantities of wine covered by approved contracts
shall be delivered to the distilleries by 15 December at the
latest. The alcohol obtained must be delivered to the inter-
vention agency in accordance with Article 6(1) by 15 March
at the latest.

The security shall be released for the quantities delivered

2.
when the producer presents proof of delivery to a distillery.

The minimum price paid for wine delivered for distillation
under this Regulation shall be EUR 3.35/% vol/hl.

Article 6

1.
Distillers shall deliver the product obtained from distil-
lation to the intervention agency. That product shall be of an
alcoholic strength of at least 92 % vol.

2.
The price the intervention agency must pay distillers for
raw alcohol delivered shall be EUR 3.717/% vol/hl. The
payment shall be made in accordance with Article 62(5) of
Regulation (EC) No 1623/2000. However, payment may be
made only from 16 October 2005.

Distillers may receive an advance of EUR 2.558/% vol/hl. on
that amount. In that case the advance shall be deducted from
the price actually paid. Articles 66 and 67 of Regulation (EC)
No 1623/2000 shall apply. However, payment may be made
only from 16 October 2005.

Article 7

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

The security shall be forfeit where no delivery is made within
the time limit laid down in paragraph 1.

It shall apply from 23 May 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 May 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission