CELEX: 31974R2981
Language: en
Date: 1974-11-26 00:00:00
Title: Regulation (EEC) No 2981/74 of the Council of 26 November 1974 laying down general rules governing the distillation of wine of quality lower than table wine and originating in certain areas affected by adverse weather conditions

28 . 11 . 74                           Official Journal of the European Communities                            No L 318/3
                               REGULATION (EEC) No 2981 /74 OF THE COUNCIL
                                                    of 26 November 1974
               laying down general rules governing the distillation of wine of quality lower
               than table wine and originating in certain areas affected by adverse weather
                                                          conditions
 THE COUNCIL OF THE EUROPEAN                                       Article 18 ( 1 ) of Regulation (EEC) No 816/70 and orig­
 COMMUNITIES,                                                      inating in certain yet to be defined parts of the
                                                                   following French departments :
 Having regard to the Treaty establishing the European
 Economic Community ;                                             — Gers,
                                                                  — Haute-Garonne,
 Having regard to Council Regulation (EEC) No
 816/70 (^ of 28 April 1970 laying down additional                — Tarn-et-Garonne ,
 provisions for the common organization of the market             — Tarn,
 in wine, as last amended by Regulation (EEC) No                  — Landes,
 1532/74 (2), and in particular Article 38 thereof ;
                                                                  — Aude,
 Having regard to the proposal from the Commission ;              affected by natural disasters during the 1974/75 wine­
                                                                  growing year.
Whereas Article 38 of Regulation (EEC) No 816/70
 provides that measures of derogation may be decided
upon to remedy an exceptional situation resulting                                            Article 2
 from natural disasters ;
                                                                  Wine offered for distillation may not have an alco­
Whereas in certain areas of the Community, in parti­              holic strength exceeding the minimum natural alco­
cular during August and September, the weather was                holic strength laid down for the wine-growing zone in
characterized by an almost total absence of sun and               question and may not be fortified .
abnormally high rainfall ; whereas, according to infor­
mation received, it rained almost every day ;
                                                                                             Article 3
Whereas good weather during those months is essen­
tial for a good harvest ; whereas, the abnormal climatic           1 . Producers who wish to have all or part of their
conditions referred to accordingly constitute a natural           wine distilled shall conclude delivery contracts, where
disaster ; whereas the result was that, exceptionally,            appropriate through the intervention agency, with the
the wine obtained in these areas did not achieve the              distillers of their choice .
minimum natural alcoholic strength prescribed for
the wine growing zone in which the grapes were harv­              2.      Under such contracts :
ested ;
                                                                  (a) the distiller shall purchase the quantity of wine
                                                                       stated in the contract ;
Whereas it is desirable to withdraw these products
from the market by the most appropriate method,                   (b) the distiller shall distil such wine and shall pay for
which is distillation ;                                                it a price not less than that referred to in Article 4.
Whereas the details should be based on the general                3.     The contracts shall specify :
rules relating to distillation already adopted in applica­
tion of Article 7 of Regulation (EEC) No 816/70,                  (a) the quantity, colour and actual alcoholic strength
                                                                       of the wine to be distilled ;
                                                                  (b) the name and address of the producer ;
HAS ADOPTED THIS REGULATION :                                     (c) the place at which the wine is stored ;
                                                                  (d) the name of the distiller or the registered business
                           Article 1                                   or company name of the distillery ;
                                                                  (e) the address of the distillery.
Distillation shall be authorized under the conditions
laid down in this Regulation in respect of wine not
reaching the minimum natural alcoholic strength for                                         Article 4
the wine-growing zone concerned as laid down in
                                                                  1 . The minimum purchase price for wine offered
(>) OJ No L 99, 5. 5. 1970, p. 1 .                                for distillation is hereby fixed at 1-32 units of account
(2 ) OJ No L 166, 21 . 6 . 1974, p. 1 .                           per degree and hectolitre .
 ---pagebreak--- No L 318/4                          Official Journal of the European Communities                            28 . 11 . 74
2.    The price referred to shall apply in respect of the      3 . The aid may be paid only upon production of a
unaltered product, ex-producer's premises.                     contract as referred to in Article 3 and upon proof
                                                               being given that :
                        Article 5
                                                              — such contract was concluded during the period
1 . The delivery contracts referred to in Article 3                referred to in Article 5 ( 1 ),
may not be concluded before 1 December 1974 or                — distillation took place during the period referred
after 15 December 1974 .                                           to in Article 5 (2).
2. Distillation may not take place before               1
December 1974 or after 31 January 1975.                                                 Article 8
                         Article 6                             1 . Member States shall designate an intervention
                                                               agency to apply the provisions of this Regulation.
Products of the distillation of wine may have an alco­
holic strength :                                               2. The competent intervention agency shall be the
— of 86° or more,
                                                               agency of the State on whose territory distillation
                                                               takes place.
— of 85° or less,
with a tolerance of 0-4° above or below.
                                                                                        Article 9
                         Article 7
                                                               Detailed rules for the application of this Regulation
1.    Aid shall be paid by the intervention agency for         and in particular the definition of the parts of depart­
each hectolitre of wine distilled .                            ments referred to in Article 1 shrill be adopted in
                                                               accordance with the procedure laid down in Article 7
2.    The amount of the aid is hereby fixed at :               of Regulation No 24 ( J ).
— 0-53 unit of account per degree and hectolitre if
    the wine was processed into a product referred to                                   Article 10
    in Article 6, first indent,
— 0-45 unit of account per degree and hectolitre if            This Regulation shall enter into force on the day of its
    the wine was processed into a product referred to          publication in the Official Journal of the European
    in Article 6, second indent.                               Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 26 November 1974 .
                                                                           For the Council
                                                                             The President
                                                                            J. LECANUET
                                                               (') OJ No 30 , 20 . 4. 1962, p. 989/ 62.