CELEX: 31970R1437
Language: en
Date: 1970-07-20 00:00:00
Title: Regulation (EEC) No 1437/70 of the Commission of 20 July 1970 on storage contracts for table wine

Official Journal of the European Communities                                    469
No L 160/ 16                        Official Journal of the European Communities                                22.7.70
                             REGULATION (EEC) No 1437/70 OF THE COMMISSION
                                                     of 20 July 1970
                                          on storage contracts for table wine
THE COMMISSION           OF     THE EUROPEAN       COM­         provide in particular that an intervention agency of a
MUNITIES ,                                                      Member State may conclude contracts only in respect
                                                                of quantities stored on the territory of that Member
Having regard to the Treaty establishing the                    State, and that it must be informed of any change
European Economic Community ;.                                  concerning the wihe in storage;
Having regard to Council Regulation (EEC) No                    Whereas intervention measures should be extended
816/701 of 28 April 1970 laying down additional                 only to products which influence the development of
provisions for the common organisation of the                   market prices ; whereas only wines in bulk should
market in wine, as amended by Regulation (EEC) No               therefore qualify for private storage aid ; whereas,
1253/70,2 and in particular the second subparagraph             moreover, the purpose of intervention measures
of Article 5 (6), Article 6 (4), Article 35 and Article         requires that they should only apply to wines of a
37 thereof;                                                     reasonably high quality; whereas, for the same
                                                                reason, application of these measures should be
Whereas the intervention measures provided for by               limited to wines the preparation of which is already
                                                                advanced and there should be no interference with
Regulation (EEC) No 816/70 consist normally in the
                                                                any oenological treatments or processes necessary to
granting of aid for the private storage of table wines;         ensure the keeping quality of a wine which is the
whereas, in accordance with Article 5 (5 ) of
                                                                subject of a storage contract;
Regulation (EEC) No 816/70, the granting of aid is
subject to the conclusion of storage contracts;
whereas Article 6 (1 ) of that Regulation provides              Whereas, however, in order to prevent wines which
that such contracts are to be concluded between the             are the subject of a contract from affecting the
intervention agencies and producers applying for                market, marketing and certain actions preparatory
them; whereas Community rules should be adopted                 thereto should be prohibited during the period for
so that these contracts may be concluded on the same            which the contract is concluded ;
basis throughout the Community;
                                                                Whereas it is necessary for Community
Whereas, taking into account the fact that contracts            administration of contracts that they should be
are concluded solely with producers of table wine, it           concluded according to a formula which is broadly
should be laid down that a contract may "be                     the same throughout the Community and sufficiently
concluded only for a wine of which the producer is              precise to allow identification of the wine in
also the owner and which has been produced by, or               question ;
on the responsibility of, the producer or producers
concerned; whereas, in order to ensure that the                 Whereas the amount of private storage aid should
conclusion of contracts has an influence on the                 take into account technical storage costs and interest;
development of prices on the market, it should be               whereas these costs differ very little according to the
provided that a contract may be concluded only for              type of wine while interest does vary in view of the
an appreciable quantity;                                        different values of wines ; whereas, to take account of
                                                                this situation and simplify administration, the amount
Whereas it is necessary to keep an effective check on           of aid should be fixed per day and per hectolitre,
the quantities which are the subject of storage                 separating table wine into two groups ;
contracts ; whereas, for this purpose, it is necessary to
                                                                Whereas, to be able to take account of the
                                                                development of the market situation, provision
1 OJ No L 99, 5.5.1970 , p. 1 .                                 should be made for amending certain conditions of
 2 OJ No L 145 , 1.7.1970 , p. 1 .                              contracts during the period for which the contracts
 ---pagebreak--- 470                                  Official Journal of the European Communities
were concluded, in particular the amount of aid and                                     Article 3
 the duration of the contract;
                                                                 1 . Intervention agencies shall conclude contracts
Whereas the duration of the contract should be                  only for table wines .
 curtailed, in particular, if and appreciable change in
 the quality of the wine which is the subject of the            However, until 15 May 1971 , intervention agencies
 contract makes it necessary for the wine to be sold            shall conclude contracts also for wines meeting the
immediately or renders it unfit for consumption in              requirements set out in Article 27 (2) (b) of
that state ;                                                    Regulation (EEC ) No 816/70.
Whereas , if at the time of the termination of a                Where a long-term contract has been concluded for a
contract the conditions for the conclusion of a new             wine referred to in the preceding subparagraph, the
contract exist . and the producer applies for it, the           period of validity of that contract may not, by way of
conclusion formalities may be simplified;                       derogation from the second subparagraph of Article
                                                                5 (5 ) of Regulation (EEC) No 816/70, extend beyond
Whereas, so that application may not vary as                    30 June 1971 .
between Member States, time limits for the payment
of aid due to the producer should be provided for ;             2 . Intervention agencies shall conclude a contract
                                                                only for a quantity of 100 hectolitres or more.
Whereas, to prevent a possible fall in the prices of
table wine on the Community market, certain wines               However, Member States may fix a higher limit.
made before the entry into force of Regulation (EEC)
No 816/70 and which do not conform to the
                                                                                        Article 4
definition   of table wine should, for a transitional
period, be   eligible for storage contracts on condition
that these    wines meet the requirements set out in            Until Community provisions on the control of wines
Article 27   (2) ( b) of that Regulation ;                      which are the subject of a storage contract enter into
                                                                force, the intervention agency of a Member State may
Whereas the measures provided for in this Regulation            conclude a contract only for a wine stored in the
                                                                territory of that Member State.
are in accordance with the Opinion of the
Management Committee for Wine ;
                                                                                        Article 5
                                                                1.    Only wines in bulk at the time of the conclusion
HAS ADOPTED THIS REGULATION :
                                                                of a contract may be the subject of that contract.
                                                               2. Only wines which are of sound and fair
                          Article 1                             marketable quality may be the subject of a contract.
This Regulation lays down detailed rules for the               An analysis report, dated not more than a month
conclusion of the storage contracts referred to in             previously, shall accompany the application for the
Articles 5 and 6 of Regulation (EEC) No 816/70                  conclusion of a contract. This report shall include the
( hereinafter called 'contracts').                              information specified in Article 9 (2) (c).
                                                               3 . The Member States may provide for additional
                          Article 2                             requirements concerning the quality of wines which
                                                                may be the subject of a contract.
1.    Intervention agencies shall conclude contracts
only with producers, whether as individuals or in                                      Article 6
groups .
                                                               1 . The amount of aid for storing table wines shall
For the purposes of this Regulation, 'producer' means          be uniform throughout the Community. It shall be at
any natural or legal person who turns fresh grapes,            fixed rates per day and per hectolitre.
grape must or grape must in fermentation into wine.
                                                               2.     The amount of aid shall be fixed for the
2. A producer may conclude a contract only for a               contracts concluded during the period from 1
wine produced by him or on his responsibility and of           December of one year to 30 November of the
which he is still the owner.                                   following year.
 ---pagebreak---                                      Official Journal of the European Communities                                    471
During that period it may be altered for future                       — the quantity,
contracts .
                                                                      — the colour,
3.     For the period ending 30 November 1970 the                     — thè total alcoholic strength,
amount of aid shall be fixed:
                                                                      — the actual alcoholic strength,
(a) for table wines of types R I, R II, R III and A I                 — the total acidity content, expressed in g/1,
      and for table wines which stand in close
      economic relationship to those types of table                   — the volatile acidity content, expressed in g/1,
      wine : at 0-004 units of account;
                                                                      — the total sulphur dioxide content, expressed
(b) for table wines of types A II and A III and for                        in mg/1 ;
     table wines which stand in close economic
     relationship to those types of table wine : a 0-005        (d). the amount of aid;
     units of account.
                                                                (e) the dates between which the contract is in
                                                                       operation, taking into account the provisions of
                         Article 7­                                    Articles 13 and 14.
1.     Member States shall take all measures to                 3.      Member States may :
provide the necessary inspection and in particular to
permit the identity of the wine which is the subject of         (a) require additional information to indentify the
the contract to be verified and to ensure that the                     wine, in particular : .
volume of wine stored agrees with what is stated in                    — the vine variety,
the contract.
                                                                       — the production region of the grapes; and
2. The producer shall be under the obligation to
allow the inspection referred to in paragraph 1 at any          (b) as regards white wine, dispense with particulars
                                                                       of the volatile acidity content.
time during the period for which the contract is
concluded .
                                                                                          Article 10
                         Article 8
                                                                1.      During the period for which the contracts is
1 . A contract may not be concluded for a period                valid, the producer may not put up for sale, sell, or
beginning before the date of the conclusion of the              market in any other way, the wine which is the
contract .
                                                                subject of the contract.
 2.     A contract may not be concluded before the
 date of the first racking of the wine in question.
                                                                2.      During that period, the wine which is the
                                                                subject of the contract may undergo only such
                                                                oenological treatments or processes as are necessary
                          Article 9                             for its preservation.
 1.     The contract shall be drawn up in at least two          3 . During that period, the wine which is the
 copies. One copy shall be for the producer, the other          subject of a contract may not be drawn off into
 shall be kept by the intervention agency.                      containers of less than 50 litres capacity.
 2.     The    contract shall    include   the   following
 informaftion :                                                                           Article 11
  (a) the name and address of the producer/s
       concerned;                                               The producer shall inform the intervention agency in
                                                                 advance of any change made during the period for
 (b) the name and address of the intervention agency;            which the contract is concluded as regards :
 (c) as regards the wine for which it is concluded:               ( a) the place of storage; or
       — the place of storage,                                   (b) the drawing off of the wine, if such a change
      — particulars enabling the containers in which                    means an increase in the number of containers in
          the wine is stored to be identified;                          which the wine is stored .
 ---pagebreak---   472                                  Official Journal of the European Communities
                          Article 12                                                         Article 15
  1 . If, at the end of a period for which a contract              1.      The intervention agency shall pay the amount
  has been concluded, the conditions for the conclusion            of the aid :
  of contracts are still fulfilled with regard to both the
  price situation and the requirements referred to in              ( a) in the case of a short-term contract, not more
  this Regulation, a new contract may be concluded for                   than four weeks after the expiry date of the
  the same wine.
                                                                         contract ;
  2 . In such case, intervention agencies may, on                  ( b ) in the case of a long-term contract, in instalments
  application by the producer, extend the old contract                   paid not more than four weeks after the last day
  for the further period by amending the wording of                      of each quarter. A 'quarter' means the period of
  that contract.                                                         three months following the date on which the
                                                                         contract took effect. The amount to be paid shall
                          Article 13                                     be that due for the last quarter.
  1.    Contracts shall stipulate that the intervention           However, where the contract is terminated on a date
 agency will terminate the payment of aid and the                 which does not coincide with the last day of a
 corresponding obligations of the producer when the                quarter, the last instalment shall be paid not more
 conditions referred to in the second subparagraph of             than four weeks after the expiry date of the contract.
 Article 6 (2) of Regulation .(EEC) No 816/70 are
 fulfilled .                                                      The amount to be paid shall be that due for the
                                                                  period from the last day of the previous quarter to
                                                                  the expiry date of the contract.
 2. If such is the case, the intervention agency shall,
 by any appropriate means, inform the producers
 concerned thereof without delay.                                 2. If the contract is curtailed, the payment of the
                                                                  proportionate amount due for the actual period of
 The contract shall terminate on the date on which                validity of the contract shall be made not more than
 the conditions referred to above are fulfilled .                 four weeks after the expiry date of the contract.
                                                                  3 . However, in respect of contracts terminating
                         Article 14                               before 1 September 1971 , a period of eight weeks
                                                                  shall be substituted for the period of four weeks
                                                                  referred to in the preceding paragraphs .
 1 . If, during the period for which a contract is
 concluded, there is an appreciable change in the
 quality of the wine which is the subject of the
 contract, the producer shall inform the intervention                                       Article 16
 agency without delay. The information must be
 supported by an analysis report.'                                1.      Except in a case of force majeure, if the
                                                                 producer does not fulfil his obligations under the
2. If, at the time of an inspection carried out by                contract, the aid shall not be paid.
the intervention agency or any other inspecting
agency, it appears that a wine which is the subject of           2 . In a case of force majeure, the intervention
a contract has, during the period for which the                   agency shall determine the measures which it
contract was concluded, undergone an appreciable                  considers necessary under the circumstances invoked .
change in quality, the inspecting agency, if it is not
the intervention agency itself, shall inform the latter
of such a change.
                                                                                            Article 17
The intervention agency shall inform the producer
without . delay. This information must be supported              1 . Each Member State - shall appoint an
by an analysis report.                                           intervention agency to implement the measures
                                                                 provided for in Articles 5 and 6 of Regulation (EEC)
3 . The intervention agency may, on the basis of                 No 816/70 and in this Regulation .
the information available to it, decide that the
contract shall be terminated. It may, for this purpose,          2.       It shall inform the Commission without delay of
call for such information to be rechecked.                       the name and address of that agency.
 ---pagebreak---                                   Official Journal of the European Communities                                473
                       Article 18                            Done at Brussels, 20 July 1970.
This Regulation shall enter into force on the third
day following its publication in the Official Journal                                        For the Commission
of the European Communities.
                                                                                                The President
This Regulation shall be binding in its entirety and
directly applicable in all Member States.                                                  Franco M. MALFATTI