31974R2139

14 . 8 . 74 Official Journal of the European Communities No L 225 / 17

REGULATION (EEC) No 2139/74 OF THE COMMISSION of 13 August 1974 laying down detailed rules governing the distillation of table wines of type A II during the period 15 August to 31 October 1974

THE COMMISSION OF THE EUROPEAN HAS ADOPTED THIS REGULATION : COMMUNITIES,

Article 1 Having regard to the Treaty establishing the European Economic Community ; 1 . The conclusion of a contract for the delivery of wine for distillation under Regulation (EEC) No 1913/74 shall terminate any storage contract Having regard to Council Regulation (EEC) No concluded in respect of that wine under Article 6 of 816/70 (') of 28 April 1970 laying down additional Regulation (EEC) No 816/70 . The producer provisions for the common organization of the market concerned shall forthwith inform the intervention in wine , as last amended by Regulation ( EEC) No agency of such termination . 1 532/74 (2 ), and in particular Articles 7 (3) and 35 thereof ; 2 . However, no distillation aid may be paid in respect of any wine covered by a storage contract in Whereas, pursuant to Article 7 of Regulation (EEC) respect of which a re-storage aid has been paid. No 816/70 , Council Regulation (EEC) No 1913 / 74(3 ) of 22 July 1 974 laying down general rules governing Article 2 the distillation of table wines of type A II during the period 15 August to 31 October 1974 permits producers of table wines to have their wines distilled ; Member States may, for the purpose of ensuring that the price paid is at least equal to the minimum as fixed in Article 3 of Regulation (EEC) No 1913/74, Whereas, in order to support the market, it should require that contracts as referred to in Article 2 of that also be permitted to distil wines in respect of which Regulation be concluded through the intervention storage contracts have been concluded under Articles agency . 5 and 6 of Regulation ( EEC) No 816 / 70 ;

Article 3 Whereas producers who terminate storage contracts for this purpose must so inform the intervention 1 . The aid shall be paid to the distiller. agency ; Member States may, however, require that the aid be Whereas provision should be made to ensure that the assigned by the distiller to the producer, on condition price paid is at least equal to the minimum as fixed in that the latter receives a price which , with the aid Article 3 of Regulation ( EEC) No 1913 /74 ; whereas included , is not less than the minimum price as fixed Member States should in particular have the power to in Article 3 of Regulation ( EEC) No 1913 /74. require the distiller to assign the aid received by him to the producer as an advance against the contract 2 . The aid shall be paid not more than 30 days after distillation . price for the delivery of the wine ;

Whereas the competent agencies as referred to in Article 4 Article 7 of Regulation ( EEC) No 1913 / 74 and the Commission must be kept informed of the progress of 1 . Distillers shall not later than 1 September, 1 distillation operations and in particular of the quanti­ October and I November 1974 send to the competent ties of table wine distilled and the quantities of agency as referred to in Article 7 of Regulation ( EEC) alcohol obtained ; No 1913 /74 copies of all contracts concluded pursuant to that Regulation during the periods preceding such dates , together with details of the quan­ Whereas the measures provided tor in this Regulation tities of table wine distilled and of the quantities, are in accordance with the Opinion of the Manage­ ment Committee tor Wine , expressed as pure alcohol , of the products obtained therefrom , giving separate figures for products coming within the first indent of Article 5 of Regulation (') OJ No L 5 . 5 . 1970 , p . |. (■: ) O I No L 1 66 , 21 . 6 . 1974 , p. 1 . ( EEC) No 1913 / 74 and those coming within the (') O'l No L 202 , 24 . 7 . 1974. p. X. second indent of that Article .

No L 225/ 18 Official Journal of the European Communities 14 . 8 . 74

2 . Member States shall not later than 10 September, Article 5 10 October and 10 November 1974 communicate to the Commission by telex, as regards the respective periods preceding those dates, details of the quantities of wines distilled and of the quantities, expressed as This Regulation shall enter into force on the third day pure alcohol, of the products obtained therefrom, following its publication in the Official Journal of giving separate figures as provided in paragraph 1 . the European Communities.

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

Done at Brussels, 13 August 1974 . For the Commission

The President Francois-Xavier ORTOLI