CELEX: 31975R0362
Language: en
Date: 1975-02-13 00:00:00
Title: Regulation (EEC) No 362/75 of the Commission of 13 February 1975 laying down detailed rules governing the distillation of table wines to be completed by 6 June 1975

No L 40/44                             Official Journal of the European Communities                                14. 2. 75
                              REGULATION ( EEC) No 362/75 OF THE COMMISSION
                                                    of 13 February 1975
              laying down detailed rules governing the distillation of table wines fo be
                                                 completed by 6 June 1975
THE COMMISSION OF THE EUROPEAN                                   HAS ADOPTED THIS REGULATION :
COMMUNITIES,
                                                                                          Article 1
Having regard to the Treaty establishing the European
Economic Community ;                                             In order to ensure payment of the minimum price
                                                                 referred to in Article 3 of Regulation (EEC) No
                                                                 267/75, Member States may require that the contracts
Having regard to Council Regulation (EEC) No                     referred to in Article 2 of that Regulation be
816/70 (') of 28 April 1970 laying down additional               concluded through the intermediary of the interven­
provisions for the common organization of the market             tion agency.
in wine, as last amended by Regulation (EEC) No
3166/74 (2), and in particular Articles 7 (3) and 35
thereof ;                                                                                 Article 2
                                                                  1 . The aid shall be paid to the distiller. ' Distiller
whereas, pursuant to Article 7 of Regulation (EEC)               means the person on whose account distillation is
No 816/70, Council Regulation (EEC) No 267/75 (3)                carried out.
of 31 January 1975 laying down detailed rules
governing the distillation of table wines to be                  Member States may however require that the aid be
completed by 6 June 1975 authorizes producers of                 assigned to the producer, provided the latter receives a
table wines to have their wines distilled ;                      price which , inclusive of the aid, is not less than the
                                                                 minimum price referred to in Article 3 of Regulation
                                                                 (EEC) No 267/75.
Whereas provisions should be laid down to ensure
that the minimum price referred to in Article 3 of               2.     The aid shall be paid within 30 days following
Regulation (EEC) No 267/75 is in fact paid ; whereas,            distillation .
in particular, Member States should be able to require
the assignment of the aid from the distiller to the
producer as an advance against the contract price for                                     Article 3
the delivery of the wine ;
                                                                  1 . Applications for the distillation of table wines
                                                                 submitted to the intervention agencies must be accom­
Whereas Regulation (EEC) No 267/75 provides that a               panied by a copy of a contract concluded with a
decision may be taken to reduce proportionately the              distiller for the delivery of the table wines concerned
quantites in respect of which application for distilla­          as referred to in Article 2 ( 1 ) of Regulation ( EEC) No
tion are submitted ;                                             267/75 .
                                                                 2.      Member States shall communicate to the
Whereas the competent agencies referred to in Article            Commission on the basis of the information
7 of Regulation (EEC) No 267/75 and the Commis­                  contained in the contracts accompanying applica­
sion must be kept informed of the state of progress of           tions :
distillation operations and in particular of the quanti­
ties of table wine distilled and the quantities of               — the total quantity of table wine to be distilled,
alcohol obtained ;                                               — the respective quantities of (i) red and rose wines
                                                                       and (ii) white wines,
                                                                 — the average actual alcoholic strength .
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Manage­
ment Committee for Wine,                                          3 . Where a decision is taken pursuant to Article 4
                                                                 (2) of Regulation (EEC) No 267/75 to reduce the quan­
                                                                  tities of wine to be distilled the Member States shall
(>) OJ No L 99, 5. 5. 1970, p. 1 .
(2 ) OJ No L 338 , 17. 12. 1974, p. 1 .                           inform applicants of the percentage of the quantities
 3 ) OJ No L 30, 4. 2 . 1 97.5 , p. 2.                           specified in their applications which may be distilled .
 ---pagebreak--- 14 . 2 . 75                         Official Journal of the European Communities                           No L 40/45
                         Article 4                            telex in  respect of the previous month the quantities
                                                              of wine   distilled and the quantities, expressed as pure
1.     Distillers shall not later than the 10th day of        alcohol , of the products obtained therefrom , giving
each month send to the intervention agency a declara­         separate  figures as provided in paragraph 1 .
tion of the quantities of table wines distilled during
the previous month specifying the quantities,
expressed as pure alcohol, and the products obtained,                                  Article 5
giving separate figures for products coming within the
first indent of Article 5 of Regulation (EEC) No
                                                              1 . This Regulation shall enter into force on the day
267/75 and those coming within the second indent of
that Article .
                                                              following its publication in the Official Journal of
                                                              the European Communities.
2.    Member States shall not later than the 20th of
each month , communicate to the Commission by                 2.    It shall apply with effect from 6 February 1975.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 13 February 1975 .
                                                                        For the Commission
                                                                           P.J. LARDINOIS
                                                                   Member of the Commission