31975R0362

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 carried out . No 816/70, Council Regulation (EEC) No 267/75 (3) 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 3 . Where a decision is taken pursuant to Article 4 ment Committee for Wine, ( 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 .

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 following its publication in the Official Journal of that Article . 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