CELEX: 31977R1804
Language: en
Date: 1977-08-04 00:00:00
Title: Commission Regulation (EEC) No 1804/77 of 4 August 1977 laying down, in respect of the wine-growing year 1977/78, detailed rules for the distillation of the by-products of wine-making

No L 198 / 16                             Official Journal of the European Communities                                 5. 8 . 77
                                      COMMISSION REGULATION (EEC) No 1804/77
                                                          of 4 August 1977
                laying down, in respect of the wine-growing year 1977/78, detailed rules for the
                                       distillation of the by-products of wine-making
 THE COMMISSION OF THE EUROPEAN                                      gation in question ; whereas, in the absence of precise
 COMMUNITIES,                                                         information on the alcoholic strength of wines for the
                                                                     coming wine-growing year, this determination may be
 Having regard to the Treaty establishing the European                made by reference to the average strengths recorded
 Economic Community,                                                  in the wine-growing zones concerned in previous
                                                                      wine-growing years, taking into account improve­
 Having regard to Council Regulation (EEC) No                         ments in quality ;
 816/70 of 28 April 1970 laying down additional provi­
 sions for the common organization of the market in
                                                                      Whereas, in order to ensure that the distillation arran­
 wine (*), as last amended by Regulation (EEC) No
  1 679/76 (2), and in particular Articles 4 (3) (a), 24 (7)          gements are fully effective, provision should be made
 and 35 thereof,                                                      for certain time limits on the operations to be carried
                                                                      out by producers and distillers ; whereas it is also advis­
 Whereas, for the purpose of determining the quantity                 able to specify what constitutes proof in respect of the
 of alcohol to be contained in products delivered in                  delivery of marc, lees and wine to distillers, such proof
 pursuance of the obligation to distil the by-products                to vary according to whether the distiller is established
  of wine-making, provision must be made, in accor­                   in the same Member State as the producer or in some
                                                                      other Member State ;
 dance with Article 24 (3) of Regulation (EEC) No
  816/70, to fix the percentage which that quantity
  must represent in relation to the volume of alcohol                 Whereas certain conditions should be laid down for
  naturally contained in the products used for the                    the approval of distillers regarding the quality of the
  production of wine ; whereas it appears appropriate to              final product ;
  fix this percentage for the wine-growing year 1977/78
  at the maximum level laid down in the said Article ;
  whereas, in accordance with Article 9 of Council Regu­              Whereas steps should be taken to ensure that, in the
  lation (EEC) No 1930/76 of 20 July 1976 on the distil­              event of the supervised withdrawal of the by-products
  lation of the by-products of wine-making (3), as                    of wine-making, in accordance with Article 7 of Regu­
  amended by Regulation (EEC) No 1 676/77 (4),                        lation (EEC) No 1930/76, a balance is maintained vis­
  producers who deliver their grape marc for the manu­                 à-vis producers who meet the obligation referred to in
  facture of oenocyanine are subject to a reduced percen­             Article 24 (2) of Regulation (EEC) No 816/70 ;
  tage ; whereas, taking into account the fact that the
  alcohol contained in the marcs represents a substan­
  tial proportion of the quantity of alcohol to be deliv­             Whereas the need to improve the quality of wine
  ered, the reduced percentage in respect of the wine­                 requires that all marc and lees be distilled ; whereas it
  growing year 1977/78 should be fixed at 50 % of the                  is therefore advisable to prohibit the distillation of
  normal rate ; whereas pursuant to the second para­                   wine at the beginning of the wine growing year ;
  graph of the said Article, producers of white quality
  wines psr are subject to a reduced rate ; whereas experi­
  ence in the 1976/77 wine-growing year suggests that                  Whereas the second paragraph of Article 8 of Regula­
  this rate should be fixed at 50 % of the normal                      tion (EEC) No 1930/76 provides that the exemption
  percentage for the 1977/78 wine-growing year ;                       in respect of individual small-scale producers from the
                                                                       obligation contained in Article 24 (2) of Regulation
  Whereas, for the purpose of determining the quantity                 (EEC) No 816/70 may be raised to a maximum of
  of alcohol to be contained in the products delivered, it             25 hectolitres ; whereas the said maximum is appro­
  is also necessary to fix, in accordance with Article 24              priate for this wine-growing year in view of the admi­
  (3) of Regulation (EEC) No 816/70, a standard natural                nistrative situation in certain Member States ;
' alcoholic strength for each wine-growing year in each
  wine-growing zone ; whereas, however, by virtue of                   Whereas, so that the Commission may keep a general
  Article 24 (5) of Regulation (EEC) No 816/70,                        watch on compliance with the obligation to distil the
  producers in certain zones are not subject to the obli­              by-products of wine-making, it is necessary for the
                                                                       Member States concerned to notify it regularly of the
  (') OJ  No  L 99, 5. 5. 1970, p. 1 .
  (2) OJ  No  L  187, 27. 7. 1977, p. 15 .                             quantities delivered to intervention agencies and sold
  (3) OJ  No  L  211 , 5. 8 . 1976, p. 1 .                             by those agencies and of the quantities of grape marc
  (<) OJ  No  L  187, 27. 7. 1977, p. 5.                               spirit or wine spirit produced in that connection ;
 ---pagebreak--- 5 . 8 . 77                         Official Journal of the European Communities                          No L 198 / 17
whereas the Commission needs also to be informed of          cate stating the quantity and alcoholic strength of the
the measures taken by the Member States to ensure            products delivered.
that the obligations laid down in Article 24 (1 ) of
Regulation (EEC) No 816/70 are complied within ;              By way of derogation from the preceding subpara­
                                                             graph, if a producer subject to the obligation referred
Whereas Article 4a of Regulation (EEC) No 816/70             to in Article 24 (2) of Regulation (EEC) No 816/70 has
provides that only producers fulfilling the obligations      marc, lees, or wine distilled in another Member State,
laid down in Article 24 of that Regulation during a          the distiller shall request the intervention agency of
reference period to be determined may benefit from            the Member State in which distillation takes place to
the intervention measures ; whereas it is therefore          certify in Sections 23 of the document accompanying
necessary to fix this period ;                               the products for distillation that the distillery has
Whereas the measures provided for in this Regulation          taken the products into its charge. The distiller shall
are in accordance with the opinion of the Manage­             forward to the producer a copy of the certified accom­
ment Committee for Wine,                                      panying document within 30 days following receipt of
                                                              the products for distillation .
HAS ADOPTED THIS REGULATION :                                A certificate as referred to in the first subparagraph or
                                                              a duly certified accompanying document as referred to
                                                              in the second subparagraph shall constitute the proof
                        Article 1
                                                              mentioned in Article 1 (2) (a) of Regulation (EEC) No
                                                              1930/76.
This Regulation lays down rules for the application of
Article 24 of Regulation (EEC) No 8 1 6/70 in respect
                                                              3 . The purchase price of the by-products delivered
of the wine-growing year 1977/78 .
                                                              shall be paid by the distiller to the producer within 30
                                                              days after their delivery by the said producer.
                        Article 2
                                                              4. The delivery of alcohol to the intervention agen­
The percentage referred to in Article 24 (3) of Regula­       cies in accordance with Article 1 (2) (d) of Regulation
tion (EEC) No 816/70 shall be 10 % .                          (EEC) No 1930/76 shall be effected by distillers by
The reduced rate referred to in the first paragraph of        15 August 1978 .
Article 9 of Regulation (EEC) No 1930/76 shall be
5% .
                                                                                       Article 5
The reduced rate referred to in the second paragraph
of Article 9 of Regulation (EEC) No 1930/76 shall be          Before the 1 5th of each month distillers shall commu­
5% .                                                          nicate the following information to the intervention
                                                              agencies in respect of the previous month :
                        Article 3
                                                              — the quantity of alcohol of an alcoholic strength of
 For the purpose of determining the volume of alcohol              more than 92° obtained from the compulsory
contained in products delivered for distillation                   distillation of the by-products of wine-making,
 pursuant to Article 24 (2) of Regulation (EEC) No            — the quantity and alcoholic strength of potable
 816/70 in performance of the obligation to distil the             spirits produced in accordance with Article 5 of
by-products of wine-making, the alcoholic strength to              Regulation (EEC) No 1930/76, subdivided into
be taken into consideration for the wine-growing year              marc spirit and wine spirit.
 1977/78 shall be :
— 9-0 for Zone B,
— 9-5 for Zone C I,                                                                    Article 6
— 10 0 for Zone C II,
— 1 0-5 for Zone C III .                                       1 . In order to be approved within the meaning of
                                                              Article 6 of Regulation (EEC) No 1930/76, distillers
                         Article 4
                                                              must, except as regards the production of potable
                                                              spirits under Article 5 of that Regulation, be capable
 1 . The delivery pursuant to Article 1 ( 1 ) of Regula­      of producing alcohol with an alcoholic strength of
                                                               more than 92° .
 tion (EEC) No 1930/76 of marc, lees and wine to
 distillers shall be effected by producers by 1 5 July
 1978 . The minimum alcoholic strength of the                  2. Approval shall in principle be withdrawn, except
 products delivered shall be fixed by the Member               in case of force majeure or unavoidable accident, if
 States .                                                     the distiller fails to pay the producer the purchase
                                                               price for the by-products delivered or to fulfil his obli­
 2. On delivery of the products referred to in para­          gations under Community law, and in particular his
 graph 1 the distiller shall give the producer a certifi­     obligations as regards the forwarding of information .
 ---pagebreak--- No L 198 / 18                     Official Journal of the European Communities                               5. 8 . 77
                       Article 7                             — the quantities of alcohol delivered to intervention
                                                                 agencies in performance of the obligation to distil
1 . In accordance with Article 7 (2) of Regulation               the by-products of wine-making, indicating sepa­
(EEC) No 1930/76, Member States shall fix :                      rately quantities delivered under Article 9 of Regu­
— the quantity of marc and lees to be withdrawn in               lation (EEC) No 1930/76,
    relation to the quantity of wine produced,
                                                             — the quantities of grape marc spirit or wine spirit
— the quantity of alcohol contained in marc and lees             produced pursuant to Article 5 ( 1 ) of Regulation
    to be withdrawn in relation to the quantity of wine          (EEC) No 1930/76, and the quantities of alcohol
    produced.                                                    contained in these products.
2. Intervention agencies shall make provision for a
suitable system of control in the event of withdrawal,       2. They shall also communicate to the Commission
such system to include at least the weighing of the          in respect of alcohol :
products withdrawn .                                         — before 1 October 1977 in respect of the wine­
                                                                 growing year 1976/77, the selling prices obtaining
                       Article 8
                                                                 throughout the year and the characteristics and
The Member States shall inform the Commission                    quantities of the products sold at those prices,
without delay of the measures taken to ensure that the       — before 1 July 1978 in respect of the wine-growing
provisions of Article 24 ( 1 ) of Regulation (EEC) No            year 1977/78, the selling prices obtained since 1
816/70 are complied with.                                        September 1 977 and the characteristics and quanti­
                                                                 ties of the products sold at those prices,
                       Article 9
                                                             — before 1 October 1978 in respect of the wine­
Any wine delivered in performance of the obligation              growing year 1977/78, the selling prices obtaining
under Article 24 (2) of Regulation (EEC) No 816/70,              throughout the year and the characteristics and
and wine intended for the production of potable                  quantities of the products sold at those prices.
spirits pursuant to Article 5 of Regulation (EEC) No
1930/76, may be distilled only between 1 February            3.    Member States shall inform the Commission
and 15 August 1978 .                                         before 1 July 1978 of any cases in which distillers
                                                             have not fulfilled their obligations and of the
                      Article 10                             measures taken in consequence.
In accordance with the second paragraph of Article 8
of Regulation (EEC) No 1930/76, it is hereby decided                                 Article 12
that individual producers who, during the wine­
growing year 1977/78, do not produce more than 25
hectolitres of wine shall not be subject to the obliga­      The reference period referred to in Article 4a ( 1 ) of
tion laid down in Article 24 (2) of Regulation (EEC)         Regulation (EEC) No 816/70 shall extend from
No 816/70 .                                                  1 September 1976 to 31 August 1977.
                      Article 11
                                                                                     Article 13
1.     Before the 20th of each month Member States
shall inform the Commission in respect of the                This Regulation shall enter into force on 1 September
preceding month of :                                         1977.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 4 August 1977.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President