CELEX: 31975R1933
Language: en
Date: 1975-07-22 00:00:00
Title: Regulation (EEC) No 1933/75 of the Council of 22 July 1975 on general rules governing the special distillation of table wines referred to in Article 33a of Regulation (EEC) No 816/70

No L 198 /20                          Official Journal of the European Communities                            29 . 7 . 75
                              REGULATION ( EEC) No 1933/75 OF THE COUNCIL
                                                      of 22 July 1975
               on general rules governing the special distillation of table wines referred to in
                                      Article 33a of Regulation (EEC) No 816/70
THE COUNCIL OF THE EUROPEAN                                      HAS ADOPTED THIS REGULATION :
COMMUNITIES,
Having regard to the Treaty establishing the European                                   Article 1
Economic Community ;
                                                                 1.    The decision to distil referred to in Article 33a
Having regard to Council Regulation (EEC) No                     of Regulation (EEC) No 816/70 shall be adopted
816/70 (l) of 28 April 1970 laying down additional               when the supply situation including imports of wine
provisions for the common organization of the market             from the Maghreb countries is such as to disturb the
in wine, as last amended by Regulation (EEC) No                  Community market within the meaning of paragraph
1932/75 (2), and in particular Article 33a (2) thereof ;         2 below. This situation shall be studied twice a year,
                                                                 the first time before 15 December, on the basis of the
Having regard to the proposal from the Commission ;              forward estimates, the second time before 1 5 April, on
                                                                 the basis of the corrected forwarded estimates. It may
Whereas Article 33a ( 1 ) of Regulation (EEC) No                 be decided, however, to carry out an additional assess­
816/70 provides for the special distillation of table            ment before 15 September if the quantities imported
wines, for producer associations only, when the total            between 15 april and the aforesaid date are abnor­
volume of supplies available in the Community                    mally high. The dates in question are hereinafter
                                                                 referred to as 'assessment' dates .
including imports of wine from Algeria, Morocco and
Tunisia — hereinafter referred to as the Maghreb
countries — is such as to disturb the Community                  2.    Disturbance of the Community market shall be
market ; whereas the conditions in which the special             deemed to have occurred when the average price of
distillation may take place should be defined ;                  table wine with an alcoholic strength of not less than
                                                                 11°, on representative markets to be determined,
                                                                 remains, for at least two consecutive weeks in a
Whereas the criteria for initiating distillation and in
particular the concept of disturbance of the market              month, below the average activating prices fixed for
should be defined ;                                              the table wines of types R I and R II .
Whereas the criteria for determining the quantities to
be distilled must also be laid down ;                                                    Article 2
Whereas the type of wine which is in direct competi­             The quantity of wines qualifying for special distilla­
tion with wines from the Maghreb should be deter­                tion shall correspond to the quantity imported from
mined ;                                                          the Maghreb countries between two assessment dates
                                                                 during the calendar months in which a disturbance
                                                                 within the meaning of Article 1 (2) has been ascer­
Whereas provision should be made for a method of                 tained .
calculation the quota of each producer association in
the total quantity to be distilled ;
                                                                 Where import statistics are not available, an estimate
Whereas the price to be paid for the distilled wine
                                                                 may be made on the basis of import licences issued.
should be specified ;
                                                                 This quantity shall be multiplied by a standard alco­
                                                                 holic strength of 12°.
Whereas, if this price does not allow the products
obtained from this operation to be marketed under
normal conditions, it will be necessary to provide aid ;
                                                                                         Article 3
Whereas an organization should be made responsible
for applying these provisions in each Member State                1 . Producer associations producing red wine with
concerned ,                                                      an alcoholic strength of not less than 11° wishing to
                                                                 take advantage of special distillation arrangements
(') OJ No L 99 , 5 . 5. 1970, p. 1 .                             shall make a declaration to the competent interven­
(2 ) See page 19 of this Official Journal .                      tion agency. The declaration shall specify :
 ---pagebreak--- 29 . 7. 75                          Official Journal of the European Communities                         No L 198 /21
— the average volume of wine with an alcoholic                (c) the place at which the wine is stored ;
     strength of 11° or over produced during a period         (d) the name of the distiller or the registered business
     to be determined ;                                            or company name of the distillery ;
— the average alcoholic strength of the wine in ques­         (e) the address of the distillery.
     tion .
2. The intervention agencies shall notify the                                          Article 5
Commission of declarations made, specifying the total
quantity broken down by tenths of a degree, the                1 . The minimum buying-in price for table wines
weighted total alcoholic strength and the total quan­         for special distillation shall be equal to the activating
tity expressed in degrees of pure alcohol .                   price for table wines of type R I.
3.     The authorization to distil shall be granted by        2. This price shall apply to unpacked goods, ex-pro­
the Commission as follows :                                   ducer's premises.
— in full for each declaration where the total quan­
                                                                                       Article 6
     tity of table wine resulting from the declarations
     submitted does not exceed the total quantity deter­      Products resulting from special distillation must have
     mined in accordance with Article 2 ;
                                                              an alcoholic strength of 95° or more with a tolerance
— with a pro rata reduction for each declaration              of 0-4° .
     where the total quantity of table wine resulting
     from the declarations submitted exceeds the quan­                                 Article 7
     tity determined in accordance with Article 2.
4. The authorization shall be expressed in degrees             1 . Aid shall be paid by the intervention agency for
of pure alcohol .                                             each degree/hectolitre of wine distilled .
                                                              2. The amount of the aid shall be fixed taking into
                         Article 4
                                                              account the difference between the activating price for
1 . Producer associations having obtained a certain           table wine of type R I and the price level of vinous
                                                              aicohol .
quota may conclude delivery contracts for table wines
produced by the said asssociations themselves for the
quantity in question, where appropriate through the                                    Article 8
intervention agency, with the distillers of their coice .
                                                               1 . The Member States concerned shall appoint an
2.      Under such contracts :                                intervention agency to apply the provisions of this
(a) the distiller shall purchase the quantity of table        Regulation .
     wine stated in the contract ;                            2. The intervention agency of the Member State in
(b) the distiller shall distil such wine and pay for it at    whose territory the distillation takes place shall be
     a price which shall not be less than the price           responsible for payment of the aid .
     referred to in Article 5 .
3.      The contracts shall specify :                                                  Article 9
(a) the quantity, colour and actual alcoholic strength        This Regulation shall enter into force on the third day
     of the table wines to be distilled ;                     following the day of its publication in the Official
(b) the name and address of the producer ;                    Journal of the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 22 July 1975.
                                                                           For the Council
                                                                            The President
                                                                            G. MARCORA
                                                                        I