CELEX: 31975R1036
Language: en
Date: 1975-04-21 00:00:00
Title: Regulation (EEC) No 1036/75 of the Council of 21 April 1975 laying down general rules governing the distillation of table wines during the period 7 June to 31 July 1975

23 . 4 . 75                              Official Journal of the European Communities                           No L 103 / 3
                               REGULATION ( EEC) No 1036/75 OF THE COUNCIL
                                                        of 21 April 1975
                 laying down general rules governing the distillation of table wines during the
                                                 period 7 June to 31 July 1975
THE COUNCIL OF THE EUROPEAN                                        Whereas account should also be taken of the technical
COMMUNITIES,                                                       possibilities of the distilleries in order not to jeopar­
                                                                   dize the restoration of market equilibrium ;
Having regard to the Treaty establishing the European
Economic Community ;                                               Whereas the prices for wines to be distilled will not
                                                                    permit the products thereby obtained to be marketed
Having regard to Council Regulation ( EEC) No                      on normal terms ; whereas aid should therefore be
8 1 6/70 ( ') of 28 April 1970 laying down additional               paid and its amount determined, taking account of
provisions for the common organization of the market                normal costs, at a level which will make it possible to
in wine, as last amended by Regulation ( EEC) No                    market the products of distillation ;
678/75 (2 ), and in particular Article 7(1 ) thereof ;
                                                                   Whereas in each Member State concerned there must
Having regard to the proposal from the Commission ;                be a body responsible for applying the provisions in
                                                                   question ,
Whereas Article 7 of Regulation (EEC) No 816/70
provides that measures may be adopted for the distilla­
tion of table wines if solely the granting of aid to
private storage is unlikely to be effective in restoring            HAS ADOPTED THIS REGULATION :
price levels ;
Whereas aids to private storage of table wines are at                                        Art ich 1
present granted for all types of table wines ; whereas
the prices for most of these wines are below the acti­
vating price ;                                                     The distillation of table wines shall be permitted
                                                                   subject to the conditions laid down by this Regula­
                                                                   tion .
Whereas the possibility of concluding nine-month
storage contracts for table wines of types R I , R II and
A I during the period 16 December 1974 to 15
                                                                                             Article 2
February 1975 has not brought about any substantial
restoration of price levels ;
                                                                    1.    Producers who wish to have all or part of their
Whereas the abundant harvest of 1974/75 has yielded                harvest of table wine distilled shall conclude delivery
supplies considerably in excess of the normal require­             contracts, where appropriate through the intervention
ments of this wine marketing year ;                                agency, with the distillers of their choice .
Whereas the conditions for the commencement of a                   2.      Under such contracts :
distillation operation are fulfilled ;
                                                                   (a) the distiller shall purchase the quantity of table
Whereas it is necessary to lay down the conditions                      wine stated in the contract ;
under which this operation should take place ;                     (b) the distiller shall distil such wine and shall pay for
whereas the price for wines to be distilled should not                  it at a price which shall not be less than the price
act as an encouragement to the production of wines                      referred to in Article 3 .
primarily for the purpose of distillation , but should
nevertheless be sufficiently attractive for the operation          3.     The contracts shall specify :
to be effective ;
                                                                   (a ) the quantity, colour and actual alcoholic strength
Whereas, in order to limit the scope of the measure,                    of the table wines to be distilled ;
its duration should be restricted ; whereas means must
also be found of bringing distillation operations to an            (b) the name and address of the producer ;
end if prices for table wines should rise above the acti­          (c) the place at which the wine is stored ;
vating price ;                                                     (d) the name of the distiller or the registered business
                                                                        or company name of the distillery ;
(') OJ No L 99, 5 . 5 . 1970, p. I.
(-) OJ No L 72, 20 . .5 . 1975, p . 43 .                           (e) the address of the distillery .
 ---pagebreak--- No L 103 /4                          Official Journal of the European Communities                              23 . 4. 75
                         Article 3                             — of 86° or more,
1 . The minimum purchase price for table wines to              — of 85° or less,
be distilled is fixed at 1-56. units of account per degree     with a tolerance of 0-4° above or below .
and per hectolitre.
2. The price referred to shall apply in respect of an                                   Article 6
unaltered product, ex-producer's premises .
                                                                1.    For each hectolitre of wine distilled aid shall be
                         Article 4                              paid by the intervention agency.
1 . Distillation may not take place before 7 June              2.     The amount of the aid is hereby fixed at :
1975 or after 31 July 1975, but the date 7 June 1975
may be brought forward, provided that the date 31              — 0-90 unit of account per degree and per hectolitre
July 1975 is also brought forward by the same                       if the wine was processed into a product referred
number of days .                                                    to in Article 5, first indent,
                                                               — 0-76 unit of account per degree and per hectolitre
2.    However, it may be decided to bring forward the
                                                                    if the wine was processed into a product referred
closing date for distillation , particularly if the average         to in Article 5, second indent .
prices for all the types of table wine on all markets
should for two consecutive weeks remain at a level
                                                               3 . The aid may be paid only upon production of a
above the activating price .                                   contract as referred to in Article 2 and upon proof
3 . Notwithstanding paragraphs 1 and 2, if, during             being given that distillation took place within the
the distillation period resulting from those paragraphs,        period during which such an operation was authorized
a distillery is obliged to suspend all distillation opera­      purusant to Article 4.
tions by order of the public authorities, it may be
decided that the distillation operations may be                                         Article 7
resumed in that distillery for a number of days such
that the total duration of the operations concerned             1 . Member States shall designate an intervention
does not exceed the maximum authorized duration .              agency to be responsible for applying the provisions
                                                               of this Regulation .
Distillation must, however, be completed not later
than 20 October 1975 .
                                                                2. The competent intervention agency shall be the
If use is made of this derogation , the distillation           agency of the State on whose territory distillation
contracts must be concluded not later than 1 July              takes place.
1975 and the distillery must take delivery of the wine
before that date .                                                                      Article 8
                         Article 5
                                                               This Regulation shall enter into force on the third day
Products of the distillation of table wines may have an        following the day of its publication in the Official
alcoholic strength :                                            Journal of the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Luxembourg, 21 April 1975 .
                                                                            For the Council
                                                                             The President
                                                                               R. RYAN