31975R1933

No L 198 /20 29 . 7 . 75 Official Journal of the European Communities

REGULATION ( EEC) No 1933/75 OF THE COUNCIL of 22 July 1975 on general rules governing the special distillation of table wines referred to in Article 33a of Regulation (EEC) No 816/70

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

Having regard to the Treaty establishing the European Article 1 Economic Community ; 1 . The decision to distil referred to in Article 33a Having regard to Council Regulation (EEC) No of Regulation (EEC) No 816/70 shall be adopted 816/70 ( l) of 28 April 1970 laying down additional when the supply situation including imports of wine provisions for the common organization of the market from the Maghreb countries is such as to disturb the in wine, as last amended by Regulation (EEC) No Community market within the meaning of paragraph 1932/75 (2), and in particular Article 33a (2) thereof ; 2 below. This situation shall be studied twice a year, the first time before 15 December, on the basis of the Having regard to the proposal from the Commission ; forward estimates, the second time before 1 5 April, on the basis of the corrected forwarded estimates. It may be decided, however, to carry out an additional assess­ Whereas Article 33a ( 1 ) of Regulation (EEC) No ment before 15 September if the quantities imported 816/70 provides for the special distillation of table between 15 april and the aforesaid date are abnor­ wines, for producer associations only, when the total mally high. The dates in question are hereinafter volume of supplies available in the Community referred to as 'assessment' dates . including imports of wine from Algeria, Morocco and Tunisia — hereinafter referred to as the Maghreb countries — is such as to disturb the Community 2. Disturbance of the Community market shall be market ; whereas the conditions in which the special deemed to have occurred when the average price of distillation may take place should be defined ; table wine with an alcoholic strength of not less than 11°, on representative markets to be determined, remains, for at least two consecutive weeks in a Whereas the criteria for initiating distillation and in month, below the average activating prices fixed for particular the concept of disturbance of the market the table wines of types R I and R II . should be defined ;

Whereas the criteria for determining the quantities to Article 2 be distilled must also be laid down ;

The quantity of wines qualifying for special distilla­ Whereas the type of wine which is in direct competi­ tion shall correspond to the quantity imported from tion with wines from the Maghreb should be deter­ mined ; the Maghreb countries between two assessment dates during the calendar months in which a disturbance within the meaning of Article 1 (2) has been ascer­ Whereas provision should be made for a method of tained . calculation the quota of each producer association in the total quantity to be distilled ; Where import statistics are not available, an estimate may be made on the basis of import licences issued. Whereas the price to be paid for the distilled wine should be specified ; This quantity shall be multiplied by a standard alco­ holic strength of 12°. Whereas, if this price does not allow the products obtained from this operation to be marketed under normal conditions, it will be necessary to provide aid ; Article 3 Whereas an organization should be made responsible for applying these provisions in each Member State 1 . Producer associations producing red wine with concerned , an alcoholic strength of not less than 11° wishing to take advantage of special distillation arrangements (') OJ No L 99 , 5 . 5. 1970, p. 1 . shall make a declaration to the competent interven­ (2 ) See page 19 of this Official Journal . tion agency. The declaration shall specify :

29 . 7 . 75 No L 198 /21 Official Journal of the European Communities

— the average volume of wine with an alcoholic (c) the place at which the wine is stored ; strength of 11° or over produced during a period (d) the name of the distiller or the registered business to be determined ; or company name of the distillery ; — the average alcoholic strength of the wine in ques­ (e) the address of the distillery. tion .

2. The intervention agencies shall notify the Article 5 Commission of declarations made, specifying the total 1 . The minimum buying-in price for table wines quantity broken down by tenths of a degree, the for special distillation shall be equal to the activating weighted total alcoholic strength and the total quan­ price for table wines of type R I. tity expressed in degrees of pure alcohol . 3. The authorization to distil shall be granted by 2. This price shall apply to unpacked goods, ex-pro­ the Commission as follows : ducer's premises.

— in full for each declaration where the total quan­ Article 6 tity of table wine resulting from the declarations submitted does not exceed the total quantity deter­ Products resulting from special distillation must have mined in accordance with Article 2 ; an alcoholic strength of 95° or more with a tolerance — with a pro rata reduction for each declaration of 0-4° . where the total quantity of table wine resulting from the declarations submitted exceeds the quan­ Article 7 tity determined in accordance with Article 2. 1 . Aid shall be paid by the intervention agency for 4. The authorization shall be expressed in degrees each degree/hectolitre of wine distilled . of pure alcohol . 2. The amount of the aid shall be fixed taking into Article 4 account the difference between the activating price for table wine of type R I and the price level of vinous 1 . Producer associations having obtained a certain aicohol . quota may conclude delivery contracts for table wines produced by the said asssociations themselves for the Article 8 quantity in question, where appropriate through the intervention agency, with the distillers of their coice . 1 . The Member States concerned shall appoint an 2 . Under such contracts : intervention agency to apply the provisions of this Regulation . (a) the distiller shall purchase the quantity of table wine stated in the contract ; 2. The intervention agency of the Member State in (b) the distiller shall distil such wine and pay for it at whose territory the distillation takes place shall be a price which shall not be less than the price responsible for payment of the aid . referred to in Article 5 . Article 9 3 . The contracts shall specify : (a) the quantity, colour and actual alcoholic strength This Regulation shall enter into force on the third day of the table wines to be distilled ; following the day of its publication in the Official (b) the name and address of the producer ; Journal of the European Communities.

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

Done at Brussels, 22 July 1975 .

For the Council

The President

G. MARCORA

I