CELEX: 31974R1794
Language: en
Date: 1974-07-10 00:00:00
Title: Regulation (EEC) No 1794/74 of the Council of 10 July 1974 laying down general rules governing the distillation of table wines during the period from 15 July 1974 to 30 September 1974

11 . 7 . 74                                 Official Journal of the European Communities                            No L 187/ 29
                                 REGULATION (EEC) No 1794/74 OF THE COUNCIL
                                                            of 10 July 1974
                laying down general rules governing the distillation of table wines during the
                                       period from 15 July 1974 to 30 September 1974
THE COUNCIL OF THE EUROPEAN                                           Whereas, in order to limit the scope of the measure,
COMMUNITIES,                                                           its duration should be restricted ; whereas means must
                                                                       also be found of bringing distillation operations to an
Having regard to the Treaty establishing the European                  end if prices for the table wines referred to above
Economic Community ;                                                   should rise above the activating price ;
Having regard to Council Regulation (EEC) No                          Whereas the prices for wines to be distilled will not
816/70 ( x ) of 28 April 1970 laying down additional                   permit the products thereby obtained to be marketed
provisions for the common organization of the market                   on normal terms ; whereas aid should therefore be
in wine, as last amended by Regulation ( EEC) No                       paid and its amount determined, taking account of
 1 532/74 (2), and in particular Article 7 ( 1 ) thereof ;             normal costs, at a level which will make it possible to
                                                                       market the products of distillation ;
Having regard to Council Regulation No 129 (3) on
the value of the unit of account and the exchange                      Whereas Council Regulation (EEC) No 2958/73 (5) of
rates to be applied for the purposes of the common                     31 October 1973 on the exchange rate applied in agri­
agricultural policy, as last amended by Regulation                     culture for the Italian lira, as last amended by Regula­
(EEC) No 2543/73 (4), and in particular Article 3                      tion (EEC) No 1685/74 (6), laid down a new representa­
thereof ;                                                              tive rate for the Italian lira, which in respect of wine is
                                                                       to enter into effect on a date still to be determined ;
Having regard to the proposal from the Commission ;                    whereas it must be ensured that if this date falls after
                                                                       the beginning of the distillation period the entire oper­
Whereas Article 7 of Regulation (EEC) No 816/70
                                                                       ation is carried out in ' Italy under the same financial
provides that measures may be adopted for the distilla­
                                                                       conditions ; whereas the Monetary Committee will be
tion of table wines if the granting of aid to private
                                                                       consulted on this question and whereas, in view of the
storage alone is unlikely to be effective in restoring
                                                                       urgency of the matter, the measures envisaged should
price levels ;
                                                                       be adopted under the conditions laid down in Article
Whereas aids to private storage of table wines have                    3 (2) of Regulation No 129 ;
been granted since the end of 1973 for wines of types                 Whereas in each Member State concerned there must
R I, R II, R III, A I and A II ; whereas the prices for
                                                                       be a body responsible for applying the provisions in
some of these wines are below the activating price ;
                                                                       question ,
Whereas the possibility of concluding nine-month
storage contracts for these types of wine during the
period from 16 December 1973 to 15 February 1974                       HAS ADOPTED THIS REGULATION :
has not brought about any substantial restoration of
price levels ;                                                                                  Article 1
Whereas the abundant harvest of 1973/74 has yielded
                                                                      The distillation of table wines shall be permitted
supplies considerably in excess of the normal require­
                                                                       subject to the conditions laid down by this Regula­
ments of this wine marketing year ;                                    tion .
Whereas the conditions for the commencement of a
distillation operation are fulfilled ;                                                          Article 2
Whereas it is necessary to lay down the conditions                     1.     Producers who wish to have all or part of their
under which this operation should take place ;                         harvest of table wine distilled shall conclude delivery
whereas the price for wines to be distilled should not                 contracts, where appropriate through the intervention
act as an encouragement to the production of wines                     agency, with the distillers of their choice .
primarily for the purpose of distillation , but should
nevertheless be sufficiently attractive for the operation              2.     Under such contracts :
to be effective ;
                                                                      (a) the distiller shall purchase the quantity of table
                                                                             wine stated in the contract ;
(■) OJ   No  L 99, 5. 5 . 1970, p. 1 .
(2) OJ   No  L 166, 21 . 6 . 1974, p. 1 .
(3) OJ   No  106, 30 . 10 . 1962, p. 2553/62.                         (5) OJ No L 303, 1.11 . 1973 , p. 1 .
(4) OJ   No  L 263 , 19 . 9 . 1973 , p. 1 .                           (6) OJ No L 176, 30 . 6 . 1974, p. 1 .
 ---pagebreak--- No L 187/30                          Official Journal of the European Communities                                 11 . 7 . 74
(b) the distiller shall distill such wine and shall pay         2.    The amount of the aid is hereby fixed at :
     for it a price which shall not be less than the
     price referred to in Article 3 .                          — 0-48 unit of account per degree and per hectolitre
                                                                    if the wine was processed into a product referred
3 . The contracts shall specify :                                   to in Article 5 , first indent ,
(a) the quantity, colour and actual alcoholic strength
     of the table wines to be distilled ;                       — 0-40 unit of account per degree and per hectolitre
                                                                    if the wine was processed into a product referred
(b) the name and address of the producer ;                          to in Article 5 , second indent .
(c) the place at which the wine is stored ;
                                                                3 . The aid may be paid only upon production of a
(d) the name of the distiller or the registered business
                                                                contract as referred to in Article 2 and upon proof
     or company name of the distillery ;
                                                                being given that distillation took place within the
(e) the address of the distillery.                              period during which such operation was authorized
                                                                pursuant to Article 4.
                         Article 3
 1 . The minimum purchase price for table wines to                                        Article 7
be distilled is hereby fixed at 1 -32 units of account per
 degree and per hectolitre .
                                                                If in respect of wine a date falling after the beginning
 2.    The price referred to shall apply in respect of          of the period referred to in Article 4 is fixed for the
 unaltered product, ex-producer's premises.                     entry into effect of the representative rate for the
                                                                Italian lira referred to in Article 1 (2) (d) of Regulation
                         Article 4                              ( EEC) No 2958 /73 , this rate shall apply to the
                                                                minimum purchase price referred to in Article 3 and
 1.    Distillation may not take place before 15 July           the amounts of the aid referred to in Article 6 with
 1974 or after 30 September 1974.                               effect from 15 July 1974.
 2. However, it may be decided to bring forward the
 closing date for distillation , particularly if the average
 prices for all the types of table wine on all markets                                    Article 8
 should for two consecutive weeks remain at a level
 above the activating price .                                    1.    Member States shall designate an intervention
                                                                agency to be responsible for applying the provisions
                          Article 5                              of this Regulation .
 Products of the distillation of table wines may have an         2. The competent intervention agency shall be the
 alcoholic strength :                                            agency of the State on whose territory distillation
 — of 86 ° or more ,                                             takes place .
 — of 85 ° or less,
 with a tolerance of 0-4 ° above or below .
                                                                                          Article 9
                          Article 6
                                                                 This Regulation shall enter into force on the day of its
  1.   For each hectolitre of wine distilled aid shall be        publication in the Official Journal of the European
 paid by the intervention agency.                                 Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 10 July 1974.
                                                                               For the Council
                                                                                The President
                                                                           J. SAUVAGNARGUES