31975R1036

23 . 4 . 75 Official Journal of the European Communities No L 103 / 3

REGULATION ( EEC) No 1036 /75 OF THE COUNCIL of 21 April 1975 laying down general rules governing the distillation of table wines during the period 7 June to 31 July 1975

THE COUNCIL OF THE EUROPEAN Whereas account should also be taken of the technical COMMUNITIES , possibilities of the distilleries in order not to jeopar­ dize the restoration of market equilibrium ; Having regard to the Treaty establishing the European Economic Community ; Whereas the prices for wines to be distilled will not permit the products thereby obtained to be marketed Having regard to Council Regulation ( EEC) No on normal terms ; whereas aid should therefore be 8 1 6/70 ( ') of 28 April 1970 laying down additional paid and its amount determined, taking account of provisions for the common organization of the market normal costs, at a level which will make it possible to in wine, as last amended by Regulation ( EEC) No market the products of distillation ; 678/75 (2 ), and in particular Article 7(1 ) thereof ; Whereas in each Member State concerned there must Having regard to the proposal from the Commission ; be a body responsible for applying the provisions in question , Whereas Article 7 of Regulation (EEC) No 816/70 provides that measures may be adopted for the distilla­ tion of table wines if solely the granting of aid to private storage is unlikely to be effective in restoring HAS ADOPTED THIS REGULATION : price levels ;

Whereas aids to private storage of table wines are at Art ich 1 present granted for all types of table wines ; whereas the prices for most of these wines are below the acti­ The distillation of table wines shall be permitted vating price ; subject to the conditions laid down by this Regula­ tion . Whereas the possibility of concluding nine-month storage contracts for table wines of types R I , R II and A I during the period 16 December 1974 to 15 Article 2 February 1975 has not brought about any substantial restoration of price levels ; 1 . Producers who wish to have all or part of their Whereas the abundant harvest of 1974/75 has yielded harvest of table wine distilled shall conclude delivery supplies considerably in excess of the normal require­ contracts , where appropriate through the intervention ments of this wine marketing year ; agency , with the distillers of their choice .

Whereas the conditions for the commencement of a 2 . Under such contracts : distillation operation are fulfilled ; (a ) the distiller shall purchase the quantity of table wine stated in the contract ; Whereas it is necessary to lay down the conditions under which this operation should take place ; (b ) the distiller shall distil such wine and shall pay for whereas the price for wines to be distilled should not it at a price which shall not be less than the price act as an encouragement to the production of wines referred to in Article 3 . primarily for the purpose of distillation , but should nevertheless be sufficiently attractive for the operation 3 . The contracts shall specify : to be effective ; (a ) the quantity, colour and actual alcoholic strength Whereas, in order to limit the scope of the measure , of the table wines to be distilled ; its duration should be restricted ; whereas means must (b) the name and address of the producer ; also be found of bringing distillation operations to an end if prices for table wines should rise above the acti­ (c) the place at which the wine is stored ; vating price ; (d ) the name of the distiller or the registered business or company name of the distillery ; (') OJ No L 99, 5 . 5 . 1970, p. I. (-) OJ No L 72, 20 . .5 . 1975, p . 43 . (e ) the address of the distillery .

No L 103 /4 23 . 4 . 75 Official Journal of the European Communities

Article 3 — of 86° or more, — of 85° or less, 1 . The minimum purchase price for table wines to be distilled is fixed at 1-56. units of account per degree with a tolerance of 0-4° above or below . and per hectolitre . 2. The price referred to shall apply in respect of an Article 6 unaltered product, ex-producer's premises . 1 . For each hectolitre of wine distilled aid shall be Article 4 paid by the intervention agency. 1 . Distillation may not take place before 7 June 2 . The amount of the aid is hereby fixed at : 1975 or after 31 July 1975 , but the date 7 June 1975 — 0-90 unit of account per degree and per hectolitre may be brought forward, provided that the date 31 if the wine was processed into a product referred July 1975 is also brought forward by the same to in Article 5, first indent, number of days . — 0-76 unit of account per degree and per hectolitre 2 . However, it may be decided to bring forward the if the wine was processed into a product referred closing date for distillation , particularly if the average to in Article 5, second indent . prices for all the types of table wine on all markets should for two consecutive weeks remain at a level 3 . The aid may be paid only upon production of a above the activating price . contract as referred to in Article 2 and upon proof being given that distillation took place within the 3 . Notwithstanding paragraphs 1 and 2, if, during period during which such an operation was authorized the distillation period resulting from those paragraphs, purusant to Article 4. a distillery is obliged to suspend all distillation opera­ tions by order of the public authorities, it may be decided that the distillation operations may be Article 7 resumed in that distillery for a number of days such that the total duration of the operations concerned 1 . Member States shall designate an intervention does not exceed the maximum authorized duration . agency to be responsible for applying the provisions of this Regulation . Distillation must, however, be completed not later than 20 October 1975 . 2. The competent intervention agency shall be the agency of the State on whose territory distillation If use is made of this derogation , the distillation takes place . contracts must be concluded not later than 1 July 1975 and the distillery must take delivery of the wine before that date . Article 8

Article 5 This Regulation shall enter into force on the third day Products of the distillation of table wines may have an following the day of its publication in the Official alcoholic strength : Journal of the European Communities.

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

Done at Luxembourg, 21 April 1975 .

For the Council

The President

R. RYAN