CELEX: 31976R0567
Language: en
Date: 1976-03-15 00:00:00
Title: Council Regulation (EEC) No 567/76 of 15 March 1976 laying down general rules governing the distillation of table wines for which the distillation contract must be approved before 15 April 1976

15 . 3 . 76                             Official Journal of the European Communities                              No L 67/25
                                        COUNCIL REGULATION (EEC) No 567/76
                                                      of 15 March 1976
                  laying down general rules governing the distillation of table wines for which thp
                                distillation contract must be approved before 15 April 1976
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas it is necessary to lay down the conditions
                                                                   under which this operation should take place;
                                                                   whereas the price for wines to be distilled should
Having regard to the Treaty establishing the                       not act as an encouragement to the production of
European Economic Community,                                       wines primarily for the purpose of distillation, but
                                                                   should nevertheless be sufficiently attractive for the
                                                                   operation to be effective ;
Having regard to Council Regulation (EEC) No
816/70 of 28 April 1970 laying down additional
provisions for the common organization of the                      Whereas it is necessary to provide for a mechanism
market in wine (1 ), as last amended by Regulation                 to enable, in particular, part of the purchase price
(EEC) No 1932/75 (2), and in particular Article 7 ( 1 )            to be paid immediately in order to encourage
                                                                   producers who wish to have their wine distilled
thereof,
                                                                   to take a decision ;
Having regard to the proposal from the Commission,
                                                                   Whereas it is necessary to provide the possibility
                                                                   for producers who have entered into a distillation
Whereas Article 7 of Regulation (EEC) No 816/70                    contract to renounce this where the market situation
provides that measures may be adopted for the                      enables wine producers to obtain better returns ;
distillation of table wines if the granting of aid
for private storage alone is unlikely to be effective
in restoring price levels ;                                        Whereas, in order to limit the scope of the measure,
                                                                   its duration should be restricted ;
Whereas aid for the private storage of table wines
is at present granted for all types of table wines ;               Whereas the prices for wines to be distilled will not
whereas the prices for most of these wines are                     permit the products thereby obtained to be marketed
below the activating price ;                                       on normal terms ; whereas aid should therefore be
                                                                   paid and its amount determined, taking account of
                                                                   normal costs, at a level which will make it possible
Whereas the possibility of concluding nine-month                   to market the products of distillation ;
storage contracts for table wines of types R I, R II
and A I during the period 16 December 1975 to
15 February 1976 has still not brought about any                   Whereas in each Member State concerned there must
substantial restoration of price levels ;                          be a body responsible for applying the provisions
                                                                   in question,
Whereas the harvest for the current year and the
large stocks from the previous year have yielded
supplies in excess of the normal requirements of
this wine marketing year;                                          HAS ADOPTED THIS REGULATION :
Whereas the conditions for the commencement of
                                                                                          Article 1
a distillation operation are fulfilled ;
                                                                   1 . Producers who wish to have all or part of their
                                                                   harvest   of  table   wine   distilled   shall  conclude
H OJ No L 99, 5 . 5 . 1970, p . 1 .                                revocable delivery contracts with the distillers of
(2) OJ No L 198, 29. 7. 1975, p. 19.                               their choice before 31 March 1976 .
 ---pagebreak---  No L 67/26                             Official Journal of the European Communities                               15 . 3 . 76
 These contracts shall be valid only if they are                                              Article 4
 approved by the intervention agency before
 15 April 1976.                                                    If the weighted average price of table wines of
                                                                   type A I for a certain number of quotations exceeding
 2 . Under such contracts :                                        50% of the quantities quoted is higher than 90%
                                                                   of the activating price, it may be decided that
 ( a ) the distiller shall purchase the quantity of table          distillation contracts or a part of these may be
       wine stated in the contract ;                               annulled on request. Annulment of contracts shall
 ( b) the distiller shall distil such wine and shall pay           be permissible only in cases where the amount paid
       for it at a price which shall not be less than              by the intervention agency . and referred to in
       the price referred to in Article 2.                         Article 2 (3 ) is refunded.
 3 . The contracts shall specify :
                                                                                              Article 5
 (a) the quantity, colour and actual alcoholic strength
       of the table wines to be distilled ;                        Products of the distillation of table wines may have
 ( b) the name and address of the producer ;                       an alcoholic strength :
 (c) the place at which the wine is stored ;                      — of 86° or more,
 (d) the name of the distiller or the registered business         — of 85° or less,
       or company name of the distillery ;                         with a tolerance of 0-4% above or below.
 (e) the address of the distillery.
                                                                                              Article 6
                           Article 2
                                                                   1 . For each hectolitre of distilled wine aid shall
1 . The minimum buying-in price for table wines                    be paid by the intervention agency of the Member
to be distilled is fixed at 1-40 units of account per              State where distillation took place.
degree and per hectolitre.
                                                                   2. The amount of aid is hereby fixed at :
2. The price referred to shall apply in respect of an
unaltered product, ex-producer's premises.                        — 0-95 unit of account per degree and per hectolitre
                                                                       if the wine was processed into a product referred
3 . Within 15 days of approval the intervention                        to in Article 5 , first indent ;
agency shall pay to the producer 40% of the buying­
in price of the quantity of wine indicated in the                 — 0-81 unit of account per degree and per
approved contract referred to in Article 1 ( 1 ), to be                hectolitre if the wine was processed into a product
deducted from the aid provided for in Article 6 (2).                   referred to in Article 5 , second indent.
4. When the quantity of wine indicated in the                     3 . Without prejudice to Article 4, the difference
contract referred to in Article 1 ( 1 ) reaches the               referred to in Article 2 (5 ) shall be paid when proof
distillery, the latter shall pay to the producer the              has been furnished that the full amount of the wine
difference between the minimum buying-in price                    indicated in the contract has been distilled .
referred to in paragraph 1 and the aid referred to in
Article 6 (2).       /                                            4. Where a Member State has exercised the option
                                                                  provided for in Article 2 (b ), the amount paid to
5 . When the conditions laid down in Article 6 (3 )               the producer by the distiller shall be refunded to
are fulfilled, the intervention agency shall pay to the           the distiller by the intervention agency at the same
producer the difference between the aid referred to               time as the amount referred to in paragraph 5 of
in Article 6 (2) and the amount referred to in                    that Article is paid to the producer.
paragraph 3 of this Article.
6. The Member States may decide that the payment
referred to in paragraph 3 shall be made by the                                              Article 7
distiller.
                                                                  1 . Member States shall designate an intervention
                                                                  agency to be responsible for applying this Regulation.
                           Article 3
                                                                  2. The competent intervention agency shall be the
Distillation may not take place before 1 April or                 agency of the State in whose territory distillation
after 31 July 1976.                                               takes place.
 ---pagebreak--- 15 . 3 . 76                            Official Journal of the European Communities                        No L 67/27
                          Article 8                               adopted in accordance with the procedure laid down
                                                                  in Article 13 of Regulation (EEC) No 729/70.
1 . The measure provided for in this Regulation
shall constitute intervention within the meaning of
Article 3 ( 1 ) of Council Regulation (EEC) No 729/70
                                                                                         Article 9
of 21 April 1970 on the financing of the common
agricultural policy (x ), as last amended by Council
Regulation (EEC) No 2788/72 (2).
                                                                  This Regulation shall enter into force on the day
2. The detailed rules for the financing of the                    of its publication in the Official Journal of the
measures provided for in this Regulation shall be                 European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 15 March 1976.
                                                                                       For the Council
                                                                                         The President
                                                                                           R. VOUEL
 (*) OJ No L 94, 28 . 4. 1970, p. 13 .
 (2) OJ No L 295, 30. 12, 1972, p. 1 .