CELEX: 31976R1930
Language: en
Date: 1976-07-20 00:00:00
Title: Council Regulation (EEC) No 1930/76 of 20 July 1976 on the distillation of the by-products of wine-making

5 . 8 . 76                             Official Journal of the European Communities                          No L 211 / 1
                                                               I
                                            (Acts whose publication is obligatory)
                                      COUNCIL REGULATION ( EEC) No 1930/76
                                                       of 20 July 1976
                              on the distillation of the by-products of wine-making
THE COUNCIL OF THE EUROPEAN                                       of the European Agricultural Guidance and Guarantee
COMMUNITIES,                                                      Fund, provided that the contribution does not exceed
                                                                  the difference ;
Having regard to the Treaty establishing the European
Economic Community,                                               Whereas the fixing of the buying-in price for products
Having regard to Council Regulation (EEC) No                      subject to compulsory distillation , the buying-in price
                                                                  for alcohol and the maximum amount of the contribu­
816/70 of 28 April 1970 laying down additional provi­
                                                                  tion from the Guarantee Section of the European Agri­
sions for the common organization of the market in                cultural Guidance and Guarantee Fund towards the
wine ('), as last amended by Regulation (EEC) No
                                                                  expenditure incurred by the intervention agencies is
11 67/76 (2), and in particular Article 24 (2) and (6)
thereof,
                                                                  closely linked to the fixing of the guide price ;
                                                                  whereas the same timetable and the same deadlines
Having regard to the proposal from the Commission ,               should therefore be adopted for such operations ;
Whereas it is necessary to determine the conditions               Whereas the provisions concerning the financing of
under which producers must fulfil the obligation laid             intervention laid down in Council Regulation (EEC)
down in Article 24 (2) of Regulation (EEC) No                     No 729/70 of 21 April 1970 on the financing of the
816/70 ; whereas the obligations of the distillers must           common agricultural policy (3), as last amended by
also be laid down ;                                               Regulation (EEC) No 2788/72 (4), should be extended
                                                                  to apply also to the distillation of the by-products of
Whereas, account being taken of the value of the                  wine-making ;
by-products, the price to be paid to the producers for
the alcohol contained in the products subject to                  Whereas , in accordance with the first indent of Article
compulsory distillation must be lower than the price              24 (4) of Regulation (EEC) No 816/70, the producer
applicable in respect of the distillation provided for in         may free himself of the obligation to distil by
Articles 24a and 24b of Regulation ( EEC) No 816/70 ;             producing potable spirits ; whereas paragraph 2 of the
Whereas the fixing of a price to be paid by the                   same Article requires the distillation of wine in the
distiller to the producer for the products subject to             absence of grape marc or wine lees ; whereas, in these
compulsory distillation means that the intervention               circumstances, it is logical to permit, where this
agencies must buy in the vinous alcohol resulting                 option is exercised, the production of both potable
from this distillation at a price which takes into                spirits of wine and potable spirits other than potable
account the costs of processing the products in ques­             spirits of wine ; whereas, however, it should be
tion ;                                                            ensured that potable spirits of wine are not produced
                                                                  by using the by-products of wine-making for the
Whereas, in the absence of an organized Community                 purposes prohibited in Article 24 ( 1 ) of Regulation
market in ethyl alcohol, the intervention agencies                ( EEC) No 816/70 ;
responsible for marketing such alcohol may be
obliged to resell it at a price lower than the buying-in          Whereas the production of potable spirits must free
price ; whereas provision should be made in such an               the producer from the obligation to deliver alcohol
event for the difference between the buying-in price              only in respect of the quantity of alcohol contained in
and the selling price for that alcohol to be borne,               the by-products or in the wine which are used to
within a maximum amount, by the Guarantee Section                 obtain the potable spirits ;
(!) OJ No L 99, 5 . 5 . 1970, p . 1 .                             (3 ) OJ No L 94, 28 . 4. 1970 , p . 13 .
(2) OJ No L 135, 24 . 5. 1976, p . 42 .                           (") OJ No L 295, 30 . 12 . 1972, p . 1 .
 ---pagebreak--- No L 211 /2                         Official Journal of the European Communities                                 5 . 8 . 76
Whereas, in order to avoid the production of poor­            (b) to pay the producer at least the price referred to in
quality potable spirits, it should be laid down, in the            Article 2 ;
absence of Community criteria in this matter, that the        (c) to process into alcohol the products delivered to
potable spirits produced must comply with the                      him ;
national provisions in force ; whereas, in order to
ensure that these provisions are complied with, provi­        (d) to deliver the alcohol to the intervention agencies
sion should be made for supervision ;                              designated by the Member States. The actual alco­
                                                                   holic strength of the alcohol may not be less than
Whereas, in accordance with the second indent of                   92° .
Article 24 (4) of Regulation (EEC) No 816/70, the
producer may free himself from the obligation to              3 . The intervention agencies shall pay to the
distil by withdrawing, under supervision, the                 distillers for the alcohol delivered the price referred to
by-products which he has obtained from wine­                  in Article 3 .
making ; whereas that possibility is justified by the
fact that marc and lees can be kept only in large quan­                                Article 2
tities and under certain technical conditions and by
the fact that the transport costs could therefore be          The price to be paid by the distiller to the producer,
disproportionate for producers situated at a consider­        according to alcohol content, for marc, lees and,
able distance from the distilleries ;                         where applicable, wines delivered for distillation ,
Whereas the obligation to distil represents a consider­       hereinafter Called 'the buying-in price for wine deliver­
able constraint for the isolated producer who makes           eries', shall be fixed each year per degree/hi of alcohol
only a small quantity of wine ; whereas, as a result of       before 1 August for the following wine-growing year.
that obligation, he would incur transport costs for his        It may not be lower than 30 % of the guide price for
grape marc and wine lees which would be out of all            table wine of Type A I applicable with effect from the
proportion to the return which he could hope to               following 16 December nor higher than 40 % of this
obtain on the alcohol distilled therefrom ; whereas           price.
such producers should therefore be exempted from
the obligation to distil ; whereas provision should be                                 Article 3
made for extending this exemption under conditions
to be determined ;                                             1 . The price to be paid by the intervention agen­
Whereas producers who deliver their grape marc for            cies to the distiller, hereinafter called 'the price of the
the manufacture of oenocyanine generally supply non­          alcohol from wine deliveries', shall be fixed annually
fermented grape marc ; whereas the treatment which            by the Council , acting by a qualified majority on a
such marc undergoes for the extraction of oenocya­            proposal from the Commission , at the same time and
nine makes it unsuitable for fermentation and distilla­       for the same wine-growing year as the buying-in price
                                                              for wine deliveries .
tion thereafter ; whereas those producers should there­
fore be exempted in proportion to their production of         2.     The price of the alcohol from wine deliveries
grape marc ; whereas this exemption cannot be calcu­          shall be fixed on the basis of :
lated exactly ; whereas, this being the case, it is prefer­
able to provide for a fixed reduction in th? general          — the cost of distillation,
rate ;                                                        — the cost of transport,
Whereas supervision of the fulfilment of the obliga­          — technical losses .
tion specified in Article 24 (2) of Regulation (EEC) No
816/70 requires obligations to be imposed on distillers        It may be differentiated according to whether marc,
also ; whereas, in order to ensure that those obliga­         lees or wine is distilled in order to take into account,
tions are fulfilled, distillers should be subject to a        where necessary, the differing costs and losses.
system of approval,
                                                              3.     The price of the alcohol from wine deliveries
                                                              shall be fixed per degree/hi of alcohol . It shall apply
HAS ADOPTED THIS REGULATION :                                 to unpacked goods delivered free at the warehouse of
                                                              the intervention agency.
                         Article 1
1 . The person subject to the obligation laid down                                     Article 4
in Article 24 (2) of Regulation (EEC) No 816/70,
hereinafter called 'the producer', shall fulfil his obliga­    1.    The maximum amount of the contribution from
tions by delivering marc, lees and, where applicable,         the Guarantee Section of the EAGGF towards the
wines to an approved distiller free at distillery.            expenditure incurred by the intervention agencies
                                                              shall be fixed annually, at the same time and for the
2.     The distiller shall be required :                      same wine-growing year as the buying-in price for
(a) to furnish the producer with proof that the latter        wine deliveries. This amount shall be fixed per
     has delivered the products concerned ;                   degree/hi of alcohol .
 ---pagebreak---  5 . 8 . 76                         Official Journal of the European Communities                          No L 211 /3
 2.      The contribution from the Guarantee Section of        5. The production of potable spirits may have the
 the EAGGF shall be paid, up to the maximum                    effect mentioned in paragraph 1 only if :
 amount referred to in paragraph 1 , only where, during
 a given budgetary year, the overall expenditure of an         (a) the quality of the potable spirits obtained satisfies
 intervention agency on the buying-in of alcohol                   the national provisions on the subject ; the distiller
 obtained by the distillation provided for in Article 24           shall supply proof thereof to the competent
 of Regulation (EEC) No 816/70 is greater than the                 agency ;
 income from the sale of such alcohol .                        (b) it is carried out under the supervision of the
                                                                   competent agency ; the distiller shall be required
 If the difference referred to in the first subparagraph           to permit such supervision at any time during
 is less than the maximum amount multiplied by the                 distillation .
 number of hectolitres of alcohol sold expressed as
 pure alcohol, the contribution shall be equal to that
 difference.                                                                            Article 6
 3. Articles 4 and 5 of Regulation (EEC) No 729/70             For the purposes of this Regualtion an approved
 shall apply to the EAGGF contribution referred to in          distiller means a distiller included on a list to be
 this Article .
                                                              compiled by the competent authorities of the Member
                                                              States. Under the conditions to be laid down as part of
                         Article 5                             the implementing arrangements, approval may be
                                                              withdrawn by these authorities from distillers who do
 1 . The producer shall be totally or partially freed          not fulfil their obligations under this Regulation .
 from the obligation laid down in Article 24 (2) of
 Regulation (EEC) No 816/70 if an approved distiller
 manufactures from that producer's own products :                                       Article 7
— potable spirits obtained directly from grape marc,           1 . Producers shall be freed from the obligation laid
     wine lees or both those products,                        down in Article 24 (2) of Regulation (EEC) No 816/70
                                                              if the by-products of wine-making are withdrawn
— and, failing this, potable spirits obtained directly        under supervision .
      from wine .
 2.     For each administrative unit in which the wine        2. The quantity and the quality of marc and lees
 production is traditionally intended for processing          withdrawn must be in a ratio, to be determined by the
 into potable spirits of wine, Member States shall            Member States, with the quantity of wine produced in
determine what minimum percentage of potable                  respect of which the obligation to distil the marc and
                                                              lees is not fulfilled .
spirits (other than potable spirits of wine) must be
 produced where the option provided for in paragraph
 1 is exercised .                                             3 . Only those producers whose vineyards are situ­
                                                              ated in wine-growing areas where distillation repre­
That percentage shall correspond to the average quan­         sents a disproportionate financial burden may exercise
tity of alcohol contained in the marc and lees                the option referred to in paragraph 1 . The list of the
produced in the administrative unit concerned .               regions concerned shall be drawn up by the compte­
                                                              tent authorities of the Member States.
3. The quantity of alcohol, expressed as pure
alcohol, contained in the by-products of wine-making,
or in the wine, which are used for the production of                                    Article 8
potable spirits pursuant to paragraph 1 shall be
deducted from the quantity of alcohol which is                The obligation laid down in Article 24 (2) of Regula­
required to be delivered pursuant to Article 24 (2) of        tion (EEC) No 816/70 shall not apply to isolated
Regulation (EEC) No 816/70 .                                  producers who, during the wine-growing year in ques­
                                                              tion , do not make more than 10 hectolitres of wine .
4. Where the option provided for in paragraph 1 is
exercised, the distiller shall be required :                  However, it may be decided that the exemption
                                                              contained in the preceding paragraph shall apply,
(a) to furnish the producer with proof that the latter        under conditions        to be determined, to      isolated
     has delivered the products concerned ;
                                                              producers who, during the wine-growing year in ques­
(b) to pay the producer at least the price referred to in     tion , make between 10 and 25 hectolitres of wine .
     Article 2 ;
(c) to inform the intervention agency of the total
     quantity of potable spirits produced in accordance                                 Article 9
     with this Article, broken down into potable spirits
     of wine or potable spirits other than potable spirits    Producers who deliver their marc for the manufacture
     of wine .                                                of oenocyanine shall be paid a reduced rate.
 ---pagebreak--- No L 211 /4                            Official Journal of the European Communities                            5 . 8 . 76
                        Article 10                                                       Article 11
Council Regulation (EEC) No 1877/74 of 15 July
1974 on the distillation of the by-products of wine-             This Regulation shall enter into force on 1 September
making ( J), is hereby repealed.                                  1976.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 20 July 1976.
                                                                              For the Council
                                                                               The President
                                                                        A. P. L. M. M van der STEE
(!) OJ No L 198 , 20 . 7. 1974, p . 3 .