OF ARTICLE 39 ( 4 ) OF REGULATION ( EEC ) NO 337/79 , THE PRODUCER MAY FREE HIMSELF FROM THE OBLIGATION TO DISTIL BY WITHDRAWING , UNDER SUPERVISION , THE BY-PRODUCTS WHICH HE HAS OBTAINED FROM WINE MAKING ; WHEREAS THAT POSSIBILITY IS JUSTIFIED BY THE FACT THAT MARC AND LEES CAN BE KEPT ONLY IN LARGE QUANTITIES AND UNDER CERTAIN TECHNICAL CONDITIONS AND BY THE FACT THAT THE TRANSPORT COSTS COULD THEREFORE BE DISPROPORTIONATE FOR PRODUCERS SITUATED AT A CONSIDERABLE DISTANCE FROM THE DISTILLERIES ;
WHEREAS THE OBLIGATION TO DISTIL REPRESENTS A CONSIDERABLE CONSTRAINT FOR THE ISOLATED PRODUCER WHO MAKES ONLY A SMALL QUANTITY OF WINE ; WHEREAS , AS A RESULT OF THAT OBLIGATION , HE WOULD INCUR TRANSPORT COSTS FOR HIS GRAPE MARC AND WINE LEES WHICH WOULD BE OUT OF ALL PROPORTION TO THE RETURN WHICH HE COULD HOPE TO OBTAIN ON THE ALCOHOL DISTILLED THEREFROM ; WHEREAS SUCH PRODUCERS SHOULD THEREFORE BE EXEMPTED FROM THE OBLIGATION TO DISTIL ; WHEREAS PROVISION SHOULD BE MADE FOR EXTENDING THIS EXEMPTION UNDER CONDITIONS TO BE DETERMINED ;
WHEREAS PRODUCERS WHO DELIVER THEIR GRAPE MARC FOR THE MANUFACTURE OF OENOCYANINE GENERALLY SUPPLY * FERMENTED GRAPE MARC ; WHEREAS THE TREATMENT WHICH SUCH MARC UNDERGOES FOR THE EXTRACTION OF OENOCYANINE MAKES IT UNSUITABLE FOR FERMENTATION AND DISTILLATION THEREAFTER ; WHEREAS THOSE PRODUCERS SHOULD THEREFORE BE EXEMPTED IN PROPORTION TO THEIR PRODUCTION OF GRAPE MARC ; WHEREAS THIS EXEMPTION CANNOT BE CALCULATED EXACTLY ; WHEREAS , THIS BEING THE CASE , IT IS PREFERABLE TO PROVIDE FOR A FIXED REDUCTION IN THE GENERAL RATE ;
WHEREAS , IN ACCORDANCE WITH ARTICLE 11 ( 1 ) OF COUNCIL REGULATION ( EEC ) NO 338/79 OF 5 FEBRUARY 1979 LAYING DOWN SPECIAL PROVISIONS RELATING TO QUALITY WINES PRODUCED IN SPECIFIED REGIONS ( 5 ) , A YIELD PER HECTARE IS FIXED FOR EACH OF THE QUALITY WINES PSR , WHICH FACILITATES OBSERVANCE OF THE PROHIBITION AGAINST THE PRESSING OF WINE LEES AND OVER-PRESSING OF GRAPES ; WHEREAS , MOREOVER , THE MARCS AND LEES OF QUALITY WHITE WINES PSR CONTAIN LITTLE ALCOHOL ; WHEREAS , THEREFORE , A REDUCED RATE SHOULD BE APPLIED TO THESE PRODUCTS ;
WHEREAS SUPERVISION OF THE FULFILMENT OF THE OBLIGATION SPECIFIED IN ARTICLE 39 ( 2 ) OF REGULATION ( EEC ) NO 337/79 REQUIRES OBLIGATIONS TO BE IMPOSED ON DISTILLERS ALSO ; WHEREAS , IN ORDER TO ENSURE THAT THOSE OBLIGATIONS ARE FULFILLED , DISTILLERS SHOULD BE SUBJECT TO A SYSTEM OF APPROVAL ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
1 . THE PERSON SUBJECT TO THE OBLIGATION LAID DOWN IN ARTICLE 39 ( 2 ) OF REGULATION ( EEC ) NO 337/79 , HEREINAFTER CALLED " THE PRODUCER " , SHALL FULFIL HIS OBLIGATIONS BY DELIVERING MARC , LEES AND , WHERE APPLICABLE , WINES TO AN APPROVED DISTILLER FREE AT DISTILLERY .
2 . THE DISTILLER SHALL BE REQUIRED :
( A ) TO FURNISH THE PRODUCER WITH PROOF THAT THE LATTER HAS