31970R1437

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;

Whereas intervention measures should be extended Having regard to Council Regulation (EEC) No 816/701 of 28 April 1970 laying down additional only to products which influence the development of market prices ; whereas only wines in bulk should provisions for the common organisation of the 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 requires that they should only apply to wines of a of Article 5 (6), Article 6 (4), Article 35 and Article 37 thereof; reasonably high quality; whereas, for the same reason, application of these measures should be limited to wines the preparation of which is already Whereas the intervention measures provided for by 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 market, marketing and certain actions preparatory intervention agencies and producers applying for them ; whereas Community rules should be adopted thereto should be prohibited during the period for which the contract is concluded ; so that these contracts may be concluded on the same basis throughout the Community; Whereas it is necessary for Community administration of contracts that they should be Whereas, taking into account the fact that contracts concluded according to a formula which is broadly are concluded solely with producers of table wine, it should be laid down that a contract may "be the same throughout the Community and sufficiently precise to allow identification of the wine in concluded only for a wine of which the producer is also the owner and which has been produced by, or question ; on the responsibility of, the producer or producers Whereas the amount of private storage aid should concerned; whereas, in order to ensure that the conclusion of contracts has an influence on the take into account technical storage costs and interest; whereas these costs differ very little according to the development of prices on the market, it should be type of wine while interest does vary in view of the provided that a contract may be concluded only for different values of wines ; whereas, to take account of an appreciable quantity; this situation and simplify administration, the amount of aid should be fixed per day and per hectolitre, Whereas it is necessary to keep an effective check on separating table wine into two groups ; the quantities which are the subject of storage 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

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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 30 June 1971 . Whereas, so that application may not vary as 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 Until Community provisions on the control of wines that these wines meet the requirements set out in which are the subject of a storage contract enter into Article 27 (2) ( b) of that Regulation ; force, the intervention agency of a Member State may conclude a contract only for a wine stored in the Whereas the measures provided for in this Regulation 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.

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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 Articles 13 and 14. Article 7­

1 . Member States shall take all measures to 3 . Member States may : provide the necessary inspection and in particular to ( a) require additional information to indentify the permit the identity of the wine which is the subject of 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 (b ) as regards white wine, dispense with particulars allow the inspection referred to in paragraph 1 at any 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 2 . During that period, the wine which is the date of the first racking of the wine in question. 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 subject of a contract may not be drawn off into copies . One copy shall be for the producer, the other containers of less than 50 litres capacity. shall be kept by the intervention agency.

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 .

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Article12¶

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.

However, where the contract is terminated on a date 1 . Contracts shall stipulate that the intervention which does not coincide with the last day of a agency will terminate the payment of aid and the quarter, the last instalment shall be paid not more corresponding obligations of the producer when the than four weeks after the expiry date of the contract. conditions referred to in the second subparagraph of 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 validity of the contract shall be made not more than The contract shall terminate on the date on which 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) No 816/70 and in this Regulation . 3 . The intervention agency may, on the basis of 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.

Official Journal of the European Communities 473

Article18¶

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 Franco M. MALFATTI directly applicable in all Member States.