31974R1794

11 . 7 . 74 Official Journal of the European Communities No L 187/ 29

REGULATION (EEC) No 1794 /74 OF THE COUNCIL of 10 July 1974 laying down general rules governing the distillation of table wines during the period from 15 July 1974 to 30 September 1974

THE COUNCIL OF THE EUROPEAN Whereas, in order to limit the scope of the measure, COMMUNITIES, its duration should be restricted ; whereas means must also be found of bringing distillation operations to an Having regard to the Treaty establishing the European end if prices for the table wines referred to above Economic Community ; should rise above the activating price ;

Having regard to Council Regulation (EEC) No Whereas the prices for wines to be distilled will not 816/70 ( x ) of 28 April 1970 laying down additional permit the products thereby obtained to be marketed provisions for the common organization of the market on normal terms ; whereas aid should therefore be in wine , as last amended by Regulation ( EEC) No paid and its amount determined, taking account of 1 532/74 (2), and in particular Article 7 ( 1 ) thereof ; normal costs, at a level which will make it possible to market the products of distillation ; Having regard to Council Regulation No 129 (3) on the value of the unit of account and the exchange Whereas Council Regulation ( EEC) No 2958 /73 (5) of rates to be applied for the purposes of the common 31 October 1973 on the exchange rate applied in agri­ agricultural policy, as last amended by Regulation culture for the Italian lira, as last amended by Regula­ (EEC) No 2543/73 (4), and in particular Article 3 tion (EEC) No 1685/74 (6), laid down a new representa­ thereof ; tive rate for the Italian lira, which in respect of wine is to enter into effect on a date still to be determined ; Having regard to the proposal from the Commission ; whereas it must be ensured that if this date falls after the beginning of the distillation period the entire oper­ Whereas Article 7 of Regulation (EEC) No 816/70 ation is carried out in ' Italy under the same financial provides that measures may be adopted for the distilla­ conditions ; whereas the Monetary Committee will be tion of table wines if the granting of aid to private consulted on this question and whereas , in view of the storage alone is unlikely to be effective in restoring urgency of the matter, the measures envisaged should price levels ; be adopted under the conditions laid down in Article Whereas aids to private storage of table wines have 3 (2) of Regulation No 129 ; been granted since the end of 1973 for wines of types Whereas in each Member State concerned there must R I, R II, R III, A I and A II ; whereas the prices for be a body responsible for applying the provisions in some of these wines are below the activating price ; question , Whereas the possibility of concluding nine-month storage contracts for these types of wine during the period from 16 December 1973 to 15 February 1974 HAS ADOPTED THIS REGULATION : has not brought about any substantial restoration of price levels ; Article 1 Whereas the abundant harvest of 1973/74 has yielded The distillation of table wines shall be permitted supplies considerably in excess of the normal require­ subject to the conditions laid down by this Regula­ ments of this wine marketing year ; tion .

Whereas the conditions for the commencement of a distillation operation are fulfilled ; Article 2

Whereas it is necessary to lay down the conditions 1 . Producers who wish to have all or part of their under which this operation should take place ; harvest of table wine distilled shall conclude delivery whereas the price for wines to be distilled should not contracts, where appropriate through the intervention act as an encouragement to the production of wines agency, with the distillers of their choice . primarily for the purpose of distillation , but should nevertheless be sufficiently attractive for the operation 2 . Under such contracts : to be effective ; (a) the distiller shall purchase the quantity of table wine stated in the contract ; (■) OJ No L 99, 5. 5 . 1970, p. 1 . (2) OJ No L 166, 21 . 6 . 1974, p. 1 . (3) OJ No 106, 30 . 10 . 1962, p. 2553/62. (5) OJ No L 303, 1.11 . 1973 , p. 1 . (4) OJ No L 263 , 19 . 9 . 1973 , p. 1 . (6) OJ No L 176, 30 . 6 . 1974, p. 1 .

No L 187 / 30 Official Journal of the European Communities 11 . 7 . 74

(b) the distiller shall distill such wine and shall pay 2 . The amount of the aid is hereby fixed at : for it a price which shall not be less than the price referred to in Article 3 . — 0-48 unit of account per degree and per hectolitre if the wine was processed into a product referred 3 . The contracts shall specify : to in Article 5 , first indent , (a) the quantity, colour and actual alcoholic strength — 0-40 unit of account per degree and per hectolitre of the table wines to be distilled ; if the wine was processed into a product referred (b) the name and address of the producer ; to in Article 5 , second indent . (c) the place at which the wine is stored ; 3 . The aid may be paid only upon production of a (d) the name of the distiller or the registered business contract as referred to in Article 2 and upon proof or company name of the distillery ; being given that distillation took place within the (e) the address of the distillery. period during which such operation was authorized pursuant to Article 4. Article 3

1 . The minimum purchase price for table wines to Article 7 be distilled is hereby fixed at 1 -32 units of account per degree and per hectolitre . If in respect of wine a date falling after the beginning 2. The price referred to shall apply in respect of of the period referred to in Article 4 is fixed for the unaltered product, ex-producer's premises. entry into effect of the representative rate for the Italian lira referred to in Article 1 (2) (d) of Regulation Article 4 ( EEC) No 2958 /73 , this rate shall apply to the minimum purchase price referred to in Article 3 and 1 . Distillation may not take place before 15 July the amounts of the aid referred to in Article 6 with 1974 or after 30 September 1974. effect from 15 July 1974 . 2. However, it may be decided to bring forward the closing date for distillation , particularly if the average Article 8 prices for all the types of table wine on all markets should for two consecutive weeks remain at a level above the activating price . 1 . Member States shall designate an intervention agency to be responsible for applying the provisions Article 5 of this Regulation .

Products of the distillation of table wines may have an 2. The competent intervention agency shall be the alcoholic strength : agency of the State on whose territory distillation — of 86 ° or more , takes place . — of 85 ° or less, with a tolerance of 0-4 ° above or below . Article 9 Article 6 This Regulation shall enter into force on the day of its 1 . For each hectolitre of wine distilled aid shall be publication in the Official Journal of the European Communities. paid by the intervention agency.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 10 July 1974. For the Council The President

J. SAUVAGNARGUES