31974R2981

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 — Tarn-et-Garonne , 816/70 (^ of 28 April 1970 laying down additional 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 2 . Under such contracts : the wine growing zone in which the grapes were harv­ 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 .

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 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 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.