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Adopted December 7, 2006 On Several Fund-Raising Measures Setting Aside Of A Portion Of The Harvest 1998, 1999, 2000, 2002, 2004 And 2005 Claimed In Registered Designation Of Origin 'champagne '.

Original Language Title: Arrêté du 7 décembre 2006 relatif à plusieurs levées des mesures de mise en réserve d'une partie des récoltes 1998, 1999, 2000, 2002, 2004 et 2005 revendiquées en appellation d'origine contrôlée « Champagne »

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JORF n°295 of 21 December 2006 page 19269
text No. 69



Judgment of December 7, 2006 relating to several liftings of the measures to reserve part of the harvests 1998, 1999, 2000, 2002, 2004 and 2005 claimed in controlled label of origin " Champagne"

NOR: AGRP0602527A ELI: https://www.legifrance.gouv.fr/eli/arrete/2006/12/7/AGRP0602527A/jo/texte


Minister of Economy, Finance and Industry, Minister of Agriculture and Fisheries and Minister for Budget and State Reform, Government Spokesperson,
Having regard to Council Regulation (EC) No. 1493/1999 of 17 May 1999 concerning the joint organization of the wine market;
Having regard to the amended Act of 12 April 1941 establishing an inter-professional committee of Champagne wine;
Having regard to the decrees of 26 January 2001, 12 August 2002, 15 November 2002, 13 January 2004 and 4 April 2005 relating to the approval of decisions taken by the Inter-Professional Committee on Champagne Wine,
Stop:

Article 1


The provisions of the decisions V.2.2006, V.3.2006 and V.4.2006 adopted on 5 September 2006 by the inter-professional committee of the Champagne wine, relating to the lifting of the measures to reserve a part of the harvests 1998, 2000, 2002, 2004 and 2005 claimed in the controlled label of origin " Champagne", which are annexed to this decree in accordance with article 41 of the regulation (EC) n° 1493/1999 referred to above

Article 2


The Director General of Economic, European and International Policy, the Director General of Competition, Consumption and Suppression of Frauds and the Director General of Customs and Indirect Rights are responsible, each with respect to him, for the execution of this Order, which will be published in the Official Journal of the French Republic.


Annex



A N N E X E


DECISION V.2.2006 RELATING TO THE LAW OF MEASURES PART OF THE 1998, 1999, 2000, 2002, 2004 and 2005 REVENDIQUÉS EN APPELLATION D'ORIGINE CONTROLÉE « CHAMPAGNE », FAVEUR DES RÉCOLTANTs QUINMENT DE 13 000 KILOS DE RAISINS À L'HECTARE LORS DE LA VENDANGE 2006
The Interprofessional Committee of Champagne Wine,
Having regard to the amended Act of 12 April 1941 establishing the CIVC;
In the light of the Order of 20 July 1946, the Commissioner of the Government and the Advisory Committee of the CIVC;
Considering the decision of 20 February 1986 on the operation of the CIVC;
Having regard to Council Regulation (EC) No. 1493/1999 of 17 May 1999 concerning the joint organization of the wine market;
Considering the decision of CIVC No. 161 of 21 June 2000 on improving the functioning of the market;
Considering the decision of CIVC No. 163 of 21 June 2004 on improving the functioning of the market;
In view of the decisions of CIVC V.4.1998 of 8 September 1998 relating to the reserve of part of the harvest 1998, V.4.1999 of 7 September 1999 on the reserve of part of the harvest 1999, V.2.2000 of 4 September 2000 on the reserve of part of the harvest 2000, V.5.2002 of 3 September 2002 on the reserve of part of the harvest 2002, V.2.2004 of 8 September 2002
Based on the opinion of the CIVC Advisory Committee dated 5 September 2006,
Decides:


Article 1
Review of reserve measures


The measures taken to reserve part of the harvests 1998, 1999, 2000, 2002, 2004 and 2005, claimed in the label of origin "Champagne", fixed by the article 1st of the decision of CIVC V.4.1998 of 8 September 1998 referred to above, by the article 1st of the decision of CIVC V.4.1999 of 7 September 1999 referred to above, by the article 1st of the decision of CIVC V.2.
The lifting of the reserve measures applies first to the quantities from the 1998 harvest and, as appropriate, to those from the 1999 harvest, then from the 2000 harvest, 2002, 2004 and 2005.


Article 2
Recipients of the lifting of measures
reserve


1. Can benefit from the lifting of the reserve measures, under the conditions set out in section 3 below, those harvesters who obtained, at harvest 2006, a yield less than the yield of 13,000 kilos of grapes to the hectare and who sent to the CIVC, immediately after the end of the harvest (and no later than November 2, 2006), an individual request to lift the reserve measures. This lifting cannot be applied in favor of a harvester to compensate for a reduction of surface or harvest that was notified to it by the National Institute of the labels of origin following a control of the conditions of production.
2. Recipient recipients receive an individual notice of waiver of reserve measures, including the indication of the quantities involved.


Article 3
Conditions for the lifting of contingency measures


1. The quantities covered by the lifting of the reserve measures are equal to the number of kilos of grapes necessary to allow, to each harvester defined in article 2 above, to reach, with the kilos of grapes collected and claimed in the name Champagne to the harvest 2006, a total yield, determined for each harvester concerned, equal to a maximum of 13,000 kilos to the hectare on the basis of the harvest of the affected surface.
2. The lifting of reserve measures applies, in a proportional manner, to both quantities subject to a contractual obligation of sale and other quantities.


Article 4
Consequences of the lifting of reserve measures


1. The quantities referred to by the lifting of the reserve measures that are subject to a contractual obligation to sell and purchase must be sold, at the date defined in Article 1 above, by the relevant collectors or cooperatives and purchased by the trade-manipulants to whom they are intended under the contracts being contracted.
2. The quantities subject to the lifting of the reserve measures that are not subject to a contractual obligation of sale may be the subject of transactions in the 2006-07 market of clear wines from the opening date of this market.
3. The quantities subject to the lifting of the reserve measures may be drawn in bottles from 1 January 2007.


Article 5
Inter-professional contributions


The quantities subject to the lifting of the reserve measures are subject to interprofessional contributions that apply to grapes of the 2006 harvest.


Article 6
Application methods


The terms and conditions for the application of this decision are set out in a CIVC Circular.


Article 7
Penalties for offences


In the event of a breach of the mandatory provisions of this decision, the CIVC may apply the sanctions, as provided for in the Act of 12 April 1941 referred to above, which are in force on the date of the finding of each offence.
Done at Epernay, September 5, 2006.
DECISION V. 3.2006 RELATING TO THE LAW OF MEASURES FROM A PART OF THE 1998 RECOLATIONS, 1999, 2000, 2002, 2004 AND 2005, REVENDIQUÉES IN APPELLATION OF ORIGINA CONTROLED "ChaMPAGNE", IN FAVOR OF PERSONS who are NOT STATEMENT OF THE 2006 VENDANGE DECLARATION
The Interprofessional Committee of Champagne Wine,
Having regard to the amended Act of 12 April 1941 establishing the CIVC;
In the light of the Order of 20 July 1946, the Commissioner of the Government and the Advisory Committee of the CIVC;
Considering the decision of 20 February 1986 on the operation of the CIVC;
Having regard to Council Regulation (EC) No. 1493/1999 of 17 May 1999 concerning the joint organization of the wine market;
Considering the decision of CIVC No. 161 of 21 June 2000 on improving the functioning of the market;
Considering the decision of CIVC No. 163 of 21 June 2004 on improving the functioning of the market;
In view of the decision of CIVC V.4.1998 of 8 September 1998 on the reserve of part of the harvest 1998, V.4.1999 of 7 September 1999 on the reserve of part of the harvest 1999, V.2.2000 of 4 September 2000 on the reserve of part of the harvest 2000, V.5.2002 of 3 September 2002 on the reserve of part of the harvest 2002, V.2.2004 of 8 September 2002
Based on the opinion of the CIVC Advisory Committee dated 5 September 2006,
Decides:


Article 1
Review of reserve measures


The measures taken to reserve part of the harvests 1998, 1999, 2000, 2002, 2004 and 2005, claimed in the label of origin "Champagne", as determined by the article 1st of the decision of CIVC V.4.1998 of 8 September 1998 referred to above, by the article 1st of the decision of CIVC V.4.1999 of 7 September 1999 referred to above, by the article 1st of the decision of CIVC V.2.
The lifting of the reserve measures applies first to the quantities from the 1998 harvest and, as appropriate, to those from the 1999 harvest, then from the 2000 harvest, 2002, 2004 and 2005.


Article 2
Recipients of the lifting
of contingency measures


1. The lifting of reserve measures applies to all natural or legal persons:
- that did not sign a declaration of harvest after the harvest 2005;
and
- that have not transferred their winery to their spouse, whether it is natural persons, or to another legal entity, if it is legal persons, since the 2005 harvest.
2. The recipients receive an individual notice of lifting the reserve measures, including the indication of the quantities involved.


Article 3
Consequences of the lifting of reserve measures


1. The lifting of reserve measures applies, in a proportional manner, to both quantities subject to a contractual obligation of sale and other quantities.
2. The quantities referred to by the lifting of the reserve measures that are subject to a contractual obligation of sale and purchase must, at the date defined in Article 1 above, be sold by the relevant collectors or cooperatives and purchased by the trade-manipulants to whom they are intended under the contracted.
3. The quantities subject to the lifting of the reserve measures that are not subject to a contractual obligation of sale may be the subject of transactions in the 2006-07 market of clear wines from the opening date of this market.
4. The quantities subject to the lifting of the reserve measures may be drawn in bottles from January 22, 2007.


Article 4
Inter-professional contributions


The quantities subject to the lifting of the reserve measures are subject to interprofessional contributions that apply to grapes of the 2006 harvest.


Article 5
Application methods


The terms and conditions for the application of this decision are set out in a CIVC Circular.


Article 6
Penalties for offences


In the event of a breach of the mandatory provisions of this decision, the CIVC may apply the sanctions, as provided for in the Act of 12 April 1941 referred to above, which are in force on the date of the finding of each offence.
Done at Epernay, September 5, 2006.
DECISION V.4.2006 RELATING TO THE LAW OF MEASURES PART OF THE 1998, 1999, 2000, 2002, 2004 and 2005 REVENDIQUÉES IN APPELLATION OF ORIGINA CONTROLED "ChaMPAGNE", IN FAVOR OF THE CORRIGATES CONCERNED BY A REDUCTION (HORS ARRACHAGES DE VIGNES) OF THE SURFACE IN PRODUCTION EXPLANATORY 2006
The Interprofessional Committee of Champagne Wine,
Having regard to the amended Act of 12 April 1941 establishing the CIVC;
In the light of the Order of 20 July 1946, the Commissioner of the Government and the Advisory Committee of the CIVC;
Considering the decision of 20 February 1986 on the operation of the CIVC;
Having regard to Council Regulation (EC) No. 1493/1999 of 17 May 1999 concerning the joint organization of the wine market;
Considering the decision of CIVC No. 161 of 21 June 2000 on improving the functioning of the market;
Considering the decision of CIVC No. 163 of 21 June 2004 on improving the functioning of the market;
In view of the decision of CIVC V.4.1998 of 8 September 1998 on the reserve of part of the harvest 1998, V.4.1999 of 7 September 1999 on the reserve of part of the harvest 1999, V.2.2000 of 4 September 2000 on the reserve of part of the harvest 2000, V.5.2002 of 3 September 2002 on the reserve of part of the harvest 2002, V.2.2004 of 8 September 2002
Based on the opinion of the CIVC Advisory Committee dated 5 September 2006,
Decides:


Article 1
Review of reserve measures


The measures taken to reserve part of the harvests 1998, 1999, 2000, 2002, 2004 and 2005, claimed in the label of origin "Champagne", fixed by the article 1st of the decision of CIVC V.4.1998 of 8 September 1998 referred to above, by the article 1st of the decision of CIVC V.4.1999 of 7 September 1999 referred to above, by the article 1st of the decision of CIVC V.2.
The lifting of the reserve measures applies first to the quantities from the 1998 harvest and, as appropriate, to those from the 1999 harvest, then from the 2000 harvest, 2002, 2004 and 2005.


Article 2
Recipients of the lifting
of contingency measures


1. The lifting of the reserve measures shall apply, as long as the quantity concerned is equal to or greater than 500 kg, to the harvesters concerned by a reduction (excluding the removal of vines), between the harvest 2005 and the harvest 2006, of the surface in production that they operate.
2. Recipient recipients receive an individual notice of waiver of reserve measures, including the indication of the quantities involved.


Article 3
Consequences of lifting of measures
reserve


1. The lifting of reserve measures applies, in a proportional manner, to both quantities subject to a contractual obligation of sale and other quantities.
2. The quantities referred to by the lifting of the reserve measures that are subject to a contractual obligation of sale and purchase must, at the date defined in Article 1 above, be sold by the relevant collectors or cooperatives and purchased by the trade-manipulants to whom they are intended under the contracted.
3. The quantities subject to the lifting of the reserve measures that are not subject to a contractual obligation of sale may be the subject of transactions in the 2006-07 market of clear wines from the opening date of this market.
4. The quantities subject to the lifting of the reserve measures may be drawn in bottles from January 22, 2007.


Article 4
Inter-professional contributions


The quantities subject to the lifting of the reserve measures are subject to interprofessional contributions that apply to grapes of the 2006 harvest.


Article 5
Application methods


The terms and conditions for the application of this decision are set out in a CIVC Circular.


Article 6
Penalties for offences


In the event of a breach of the mandatory provisions of this decision, the CIVC may apply the sanctions, as provided for in the Act of 12 April 1941 referred to above, which are in force on the date of the finding of each offence.
Done at Epernay, September 5, 2006.


Done in Paris, December 7, 2006.


Minister of Agriculture and Fisheries,

For the Minister and by delegation:

By preventing the Director General

economic policies,

European and international:

The rural engineer,

Water and Forests,

E. Giry

Minister of Economy,

finance and industry,

For the Minister and by delegation:

The chief of duty,

L. Valade

Minister for Budget

and the reform of the state,

Government spokesperson,

For the Minister and by delegation:

The Deputy Director,

J.-P. Mazé


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