( TRADE ),
A DELEGATE OF COGNAC CELLAR WORKERS,
A WINE TECHNICIAN,
A VINEYARD WORKER .
NO PERSON CARRYING ON THE TRADE OF A DEALER, BROKER, DISTILLER OR A RELATED TRADE MAY REPRESENT PRODUCERS, AND VICE VERSA .
THE MEMBERS OF THE BOARD SHALL BE APPOINTED FOR THREE YEARS BY ORDER OF THE MINISTER FOR AGRICULTURE . THEY MAY BE REAPPOINTED .
THE FOLLOWING PERSONS SHALL ATTEND MEETINGS OF THE BOARD AND MAY TAKE PART IN DISCUSSIONS IN A CONSULTATIVE CAPACITY :
THE DIRECTORS OF AGRICULTURE AND OF TAXATION FOR CHARENTE AND CHARENTE-MARITIME;
THE DIVISIONAL INSPECTOR OF THE ANTI-FRAUD DEPARTMENT;
THE OFFICIALS RESPONSIBLE FOR THE ECONOMIC AND FINANCIAL CONTROL OF THE BOARD ."
4 ACCORDING TO THE INTERNAL RULES OF BNIC IN FORCE AT THE MATERIAL TIME, ITS MEMBERS ARE ORGANIZED IN TWO "FAMILIES" OR GROUPS, DEALERS AND WINE-GROWERS . AFTER EACH GROUP HAS ADOPTED ITS OWN POSITION BY QUALIFIED MAJORITY, FOLLOWING INTERNAL NEGOTIATIONS, THEY MAY, ACCORDING TO LAW NO 75-600 OF 10 JULY 1975 ON INTER-TRADE ORGANIZATION IN AGRICULTURE, SUPPLEMENTED AND AMENDED BY LAW NO 80-502 OF 4 JULY 1980, ENTER INTO AGREEMENTS INTENDED TO PROMOTE THE MONITORING OF SUPPLY AND DEMAND, THE ADJUSTMENT AND REGULARIZATION OF SUPPLY, THE IMPLEMENTATION, SUBJECT TO STATE CONTROL, OF MARKETING RULES, PRICES AND CONDITIONS OF PAYMENT, PRODUCT QUALITY, INTER-TRADE RELATIONS IN THE SECTOR CONCERNED AND THE SALE OF THE PRODUCT ON DOMESTIC AND EXTERNAL MARKETS .
5 BY VIRTUE OF THE COMBINED EFFECT OF ARTICLES 2 AND 5 OF THAT LAW, ON APPLICATION BY THE GENERAL ASSEMBLY OF BNIC THE AGREEMENT MAY BE MADE GENERALLY BINDING BY MINISTERIAL ORDER, AND THE EFFECT OF SUCH A MEASURE IS TO MAKE THE AGREEMENT BINDING UPON ALL MEMBERS OF THE TRADES MAKING UP THE TRADE ORGANIZATION CONCERNED .
6 THE FIRST PARAGRAPH OF ARTICLE 3 OF THE ABOVEMENTIONED LAW PROVIDES THAT :
"RECOGNIZED INTER-TRADE ORGANIZATIONS AS REFERRED TO IN ARTICLE 1 MAY CHARGE ALL MEMBERS OF PARTICIPATING TRADES LEVIES ESTABLISHED BY AGREEMENTS MADE GENERALLY BINDING ACCORDING TO THE PROCEDURE LAID DOWN IN THE PRECEDING ARTICLE; NOTWITHSTANDING THEIR BINDING NATURE, SUCH LEVIES REMAIN DEBTS SUBJECT TO PRIVATE LAW ".
7 ON 29 OCTOBER 1979, THE GOVERNMENT COMMISSIONER ATTACHED TO BNIC, ACTING ON THE BASIS OF THE DELIBERATIONS OF THAT BODY ON 18 OCTOBER 1979, ADOPTED A "DECISION" REGULATING CERTAIN MATTERS IN REGARD TO THE 1979/80 MARKETING YEAR . A PRODUCTION QUOTA CONSISTING OF A MARKETING QUOTA AND A STORAGE QUOTA FOR PURE ALCOHOL PER HECTARE WAS FIXED, TOGETHER WITH LEVIES TO BE PAID WHEN THOSE QUOTAS WERE EXCEEDED . THE FUNDS RAISED BY THE IMPLEMENTATION OF THAT DECISION WERE TO BE USED IN PART TO PAY SUBSIDIES TO WINE-GROWERS WHO HAD BEEN UNABLE TO SELL THEIR "MARKETING QUOTA" IN WHOLE OR IN PART AND WHO AGREED NOT TO PRODUCE COGNAC FROM IT ( FF 300 PER HECTOLITRE OF PURE ALCOHOL ), AND IN PART TO FINANCE, INTER ALIA, THE STUDY AND IDENTIFICATION OF OUTLETS ( OTHER THEN COGNAC AND PINEAU DES CHARENTES ) FOR MUSTS AND WINES