31976R0567

15 . 3 . 76 Official Journal of the European Communities No L 67/25

COUNCIL REGULATION (EEC) No 567/76

of 15 March 1976

laying down general rules governing the distillation of table wines for which thp distillation contract must be approved before 15 April 1976

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas it is necessary to lay down the conditions under which this operation should take place; whereas the price for wines to be distilled should not act as an encouragement to the production of Having regard to the Treaty establishing the wines primarily for the purpose of distillation, but European Economic Community, should nevertheless be sufficiently attractive for the operation to be effective ; Having regard to Council Regulation (EEC) No 816/70 of 28 April 1970 laying down additional Whereas it is necessary to provide for a mechanism provisions for the common organization of the to enable, in particular, part of the purchase price market in wine (1 ), as last amended by Regulation to be paid immediately in order to encourage (EEC) No 1932/75 (2), and in particular Article 7 ( 1 ) producers who wish to have their wine distilled thereof, to take a decision ;

Having regard to the proposal from the Commission, Whereas it is necessary to provide the possibility for producers who have entered into a distillation contract to renounce this where the market situation Whereas Article 7 of Regulation (EEC) No 816/70 enables wine producers to obtain better returns ; provides that measures may be adopted for the distillation of table wines if the granting of aid for private storage alone is unlikely to be effective Whereas, in order to limit the scope of the measure, in restoring price levels ; its duration should be restricted ;

Whereas aid for the private storage of table wines Whereas the prices for wines to be distilled will not is at present granted for all types of table wines ; permit the products thereby obtained to be marketed whereas the prices for most of these wines are on normal terms ; whereas aid should therefore be below the activating price ; paid and its amount determined, taking account of normal costs, at a level which will make it possible Whereas the possibility of concluding nine-month to market the products of distillation ; storage contracts for table wines of types R I, R II and A I during the period 16 December 1975 to Whereas in each Member State concerned there must 15 February 1976 has still not brought about any substantial restoration of price levels ; be a body responsible for applying the provisions in question,

Whereas the harvest for the current year and the large stocks from the previous year have yielded supplies in excess of the normal requirements of this wine marketing year; HAS ADOPTED THIS REGULATION :

Whereas the conditions for the commencement of Article 1 a distillation operation are fulfilled ;

1 . Producers who wish to have all or part of their harvest of table wine distilled shall conclude H OJ No L 99, 5 . 5 . 1970, p . 1 . revocable delivery contracts with the distillers of their choice before 31 March 1976 . (2) OJ No L 198, 29. 7. 1975, p. 19.

No L 67/26 Official Journal of the European Communities 15 . 3 . 76

These contracts shall be valid only if they are Article 4 approved by the intervention agency before 15 April 1976. If the weighted average price of table wines of type A I for a certain number of quotations exceeding 2 . Under such contracts : 50% of the quantities quoted is higher than 90% of the activating price, it may be decided that ( a ) the distiller shall purchase the quantity of table distillation contracts or a part of these may be wine stated in the contract ; annulled on request. Annulment of contracts shall ( b) the distiller shall distil such wine and shall pay be permissible only in cases where the amount paid for it at a price which shall not be less than by the intervention agency . and referred to in the price referred to in Article 2. Article 2 (3 ) is refunded.

3 . The contracts shall specify : Article 5 (a) the quantity, colour and actual alcoholic strength of the table wines to be distilled ; Products of the distillation of table wines may have an alcoholic strength : ( b) the name and address of the producer ; — of 86° or more, (c) the place at which the wine is stored ; — of 85° or less, (d) the name of the distiller or the registered business or company name of the distillery ; with a tolerance of 0-4% above or below.

(e) the address of the distillery.

Article 6 Article 2 1 . For each hectolitre of distilled wine aid shall 1 . The minimum buying-in price for table wines be paid by the intervention agency of the Member to be distilled is fixed at 1-40 units of account per State where distillation took place. degree and per hectolitre. 2. The amount of aid is hereby fixed at : 2. The price referred to shall apply in respect of an unaltered product, ex-producer's premises. — 0-95 unit of account per degree and per hectolitre if the wine was processed into a product referred 3 . Within 15 days of approval the intervention to in Article 5 , first indent ; agency shall pay to the producer 40% of the buying­ — 0-81 unit of account per degree and per in price of the quantity of wine indicated in the hectolitre if the wine was processed into a product approved contract referred to in Article 1 ( 1 ), to be referred to in Article 5 , second indent. deducted from the aid provided for in Article 6 (2).

4. When the quantity of wine indicated in the 3 . Without prejudice to Article 4, the difference contract referred to in Article 1 ( 1 ) reaches the referred to in Article 2 (5 ) shall be paid when proof distillery, the latter shall pay to the producer the has been furnished that the full amount of the wine difference between the minimum buying-in price indicated in the contract has been distilled . referred to in paragraph 1 and the aid referred to in Article 6 (2). / 4. Where a Member State has exercised the option provided for in Article 2 (b ), the amount paid to 5 . When the conditions laid down in Article 6 (3 ) the producer by the distiller shall be refunded to are fulfilled, the intervention agency shall pay to the the distiller by the intervention agency at the same producer the difference between the aid referred to time as the amount referred to in paragraph 5 of in Article 6 (2) and the amount referred to in that Article is paid to the producer. paragraph 3 of this Article.

6. The Member States may decide that the payment Article 7 referred to in paragraph 3 shall be made by the distiller. 1 . Member States shall designate an intervention agency to be responsible for applying this Regulation. Article 3 2. The competent intervention agency shall be the Distillation may not take place before 1 April or agency of the State in whose territory distillation after 31 July 1976. takes place.

15 . 3 . 76 Official Journal of the European Communities No L 67/27

Article 8 adopted in accordance with the procedure laid down in Article 13 of Regulation (EEC) No 729/70. 1 . The measure provided for in this Regulation shall constitute intervention within the meaning of Article 3 ( 1 ) of Council Regulation (EEC) No 729/70 Article 9 of 21 April 1970 on the financing of the common agricultural policy (x ), as last amended by Council Regulation (EEC) No 2788/72 (2). This Regulation shall enter into force on the day 2. The detailed rules for the financing of the of its publication in the Official Journal of the measures provided for in this Regulation shall be European Communities.

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

Done at Brussels, 15 March 1976.

For the Council

The President

R. VOUEL

(*) OJ No L 94, 28 . 4. 1970, p. 13 . (2) OJ No L 295, 30. 12, 1972, p . 1 .