CELEX: 31973R2069
Language: en
Date: 1973-07-27 00:00:00
Title: Regulation (EEC) No 2069/73 of the Commission of 27 July 1973 on detailed rules for applying the obligation to distil the by-products of wine-making for the 1973/74 wine-growing year and repealing Regulation (EEC) No 1601/72

No L 210 /26                                Official Journal of the European Communities                                  31 . 7. 73
                               REGULATION (EEC) No 2069/73 OF THE COMMISSION
                                                            of 27 July 1973
               on detailed rules for applying the obligation to distil the by-products of wine­
               making for the 1973/74 wine-growing year and repealing Regulation (EEC) No
                                                                1601 / 72
THE COMMISSION OF THE EUROPEAN                                          be taken into account when the reduced percentage is
COMMUNITIES,                                                            fixed ;
Having regard to the Treaty establishing the European
Economic Community ;                                                    Whereas, among the quality wines psr referred to
                                                                        above, some may be downgraded at the production
                                                                        stage in accordance with Article 12 (5) of Council
Having regard to Council Regulation (EEC) No                            Regulation (EEC) No 817/70 (5) of 28 April 1970
816/70 ( x ) of 28 April 1970 laying down additional                    laying down special provisions for quality wines
provisions for the common organization of the market                    produced in specified regions, as last amended by
in wine, as last amended by Regulation (EEC) No                         Regulation (EEC) No 2680/72 ; whereas it is neces­
2680/72 (2), and in particular Article 24 (4) and Article               sary, in respect of these downgraded wines, to apply
35 thereof ;
                                                                        the same percentage as applied to table wines ;
Whereas the quantity of alcohol to be delivered to the
intervention agencies, under the obligation to distil                   Whereas provision should be made for a written
the by-products of wine-making, must be fixed in                        undertaking from producers who waive the exemption
accordance with certain procedures ; whereas, in parti­                 provided for in Article 7 ( 1 ) of Regulation (EEC) No
cular, a standard ratio should be established each wine­                 1171 / 71 ;
growing year between the volume of alcohol
contained naturally in the products used in the
making of wine and the quantity of alcohol to be                        Whereas, in accordance with the second subparagraph
delivered ; whereas for the 1973/74 wine-growing year                   of Article 24 (2) of Regulation (EEC) No 816/70, the
it seems appropriate to fix this ratio as a percentage                  fixing of the quantities of alcohol to be delivered also
corresponding to the maximum provided for in the                        makes it necessary to determine a minimum natural
second subparagraph of Article 24 of Regulation                         alcoholic strength , calculated at a flat rate, for each of
(EEC) No 816/70 .                                                       the wine-growing zones ; whereas, however, pursuant
                                                                        to Article 6 of Regulation (EEC) No 1171 /71 ,
Whereas, in order to determine the amount by which                      producers in some zones are not subject to the obliga­
the percentage to be applied should be reduced in                       tion in question ; whereas, in the absence of any
accordance with Article 7 (2) of Council Regulation                     precise information on the alcoholic strength of the
(EEC) No 1171 /71 (3 ) of 3 June 1971 on the distilla­                  wines of the forthcoming wine-growing year, the
tion of the by-products of wine-making, as amended                      strength may be determined on the basis of the
by Regulation (EEC) No 2292/71 (4), as regards the                      average values recorded in the various wine-growing
delivery of marc for the manufacture of oenocyanine,                    zones concerned in preceding years ;
it should be borne in mind that the alcohol contained
in marc accounts for a large proportion of the quan­
tity of alcohol which could be delivered ; whereas, in                  Whereas Council Regulation (EEC) No 1930/73 of 16
these circumstances, the reduced percentage provided                    July 1 973 (6) laying down for the 1973/74 wine­
for in that paragraph should be fixed, for the 1973/74                  growing year the price to be paid for alcohol delivered
wine-growing year, at 40 % of the normal percentage ;                   to intervention agencies under the obligation to distil
                                                                        the by-products of wine-making and the amount of
Whereas, in accordance with Article 7 (3) of that Regu­                 the contribution towards this price by the Guarantee
lation , partial exemption may also be granted to                       Section of the European Agricultural Guidance and
producers of same quality wines psr ; whereas, bearing                  Guarantee Fund fixed the price to be paid by the inter­
in mind the general desire to see quality improved,                     vention agencies for rectified alcohol ; whereas, in the
that option should be used ; whereas the method of                      absence of a common organization of the market in
wine-making has a significant influence on the                          alcohol, it could prove difficult to obtain uniform
alcohol content of the marc ; whereas this fact should                  conditions for taking over ; whereas Member States
                                                                        should be empowered to lay down more specific
                                                                        conditions ;
(')  OJ No   L 99 , 5 . 5 . 1970 , p . 1 .
(2 ) OJ No   L 289 , 27 . 12 . 1972, p . 1 .
(3 ) OJ No   L 123 , 5 . 6 . 1971 , p . 4 .                             ( 5 ) OJ No L 99 , 5 . 5 . 1970 , p . 20 .
(•») OJ No   L 243 , 29 . 10 . 1971 , p . 1 .                             ") OJ No L 199 , 19 . 7 . 1973 , p . 9 .
 ---pagebreak--- 31 . 7 . 73                              Official Journal of the European Communities                          No L 210/27
Whereas for administrative reasons a final date should              Regulation (EEC) No 1171 /71 , shall notify the inter­
be fixed, for the 1973/74 wine-growing year, for the               vention agency in writing of their undertaking to
actual delivery of these products to the intervention               forgo the exemption referred to in the said paragraph .
agencies ;
                                                                    2.    Notification must reach the intervention agency
whereas, in order to enable the Commission to obtain                before 1 November 1973 .
an overall view of the buying-in and selling transac­                                        Article 3
tions effected by the intervention agencies for the
products which are delivered to them under the obliga­              In order to determine the volume of alcohol to be
tion to distil the by-products of wine-making, the                  delivered to the intervention agencies under the obli­
Member States concerned must keep the Commission                   gation to distil the by-products of wine-making, the
regularly informed on this matter ;                                 alcoholic strength to be used for the 1973/74 wine­
Whereas it is necessary, in order to prevent fraud, for            growing year shall be :
Member States to initiate some kind of supervision ;               — 8-5 for zone B,
Whereas       Commission Regulation (EEC) No                        — 9-0 for zone C I,
1601 /72 f 1) of 26 July 1972 laid down detailed rules              — 9-5 for zone C II,
for applying the obligation to distil the by-products of            — 10-0 for zone C III .
wine-making and special conditions for the 1972/73
wine-growing year ; whereas, for the sake of clarity,
the abovementioned Regulation should be repealed                                             Article 4
and the text should be published with the necessary
amendments for the 1973/74 wine-growing year ;                      As regards the application of Article 1 ( 1 ) of Regula­
                                                                    tion (EEC) No 1930/73 , the Member States concerned
Whereas the Wine Management Committee did not                       shall lay down the conditions for the taking-over by
express an opinion in the time period granted by its                the intervention agencies of the alcohol delivered to
Chariman ;                                                          them .
HAS ADOPTED THIS REGULATION :                                                                Article ">
                                                                    The alcohol obtained during the 1973/74 wine­
                            Article 1
                                                                    growing year under the distillation of the by-products
                                                                    of wine-making shall be delivered to the intervention
 1.     For the 1973/74 wine-growing year :
                                                                    agencies not later than 1.5 August 1974.
(a) The percentage referred to in Article 24 (2) of
     Regulation (EEC) No 816/70 shall be fixed at
     10 % ;                                                                                   Article 6
(b) The reduced percentage referred to in Article 7 (2)              1 . Member States shall take any appropriate
     of Regulation (EEC) No 1171 /71 shall be fixed at              measures to ensure proper control and in particular
     4% ;
                                                                    that the provisions of Article 24 ( 1 ) of Regulation
(c) The reduced percentage referred to in Article 7 (3)             (EEC) No 816/70 are complied with .
     of Regulation (EEC) No 1 171 /71 shall be fixed at :
     — 8 % for red quality wines psr                                2.    They shall notify the Commission without delay
                                                                    of the measures taken .
     — 4 % for white quality wines psr.
 2.     Where a quality wine psr is both subject to the             3 . They shall communicate to the Commission,
 provisions of subparagraph (c) of the preceding para­              without delay, details of the provisions made for the
graph and has been downgraded at the production                     application of Article 4 of this Regulation .
 stage, the percentage used to determine the quantity
 of alcohol to be delivered to the intervention agencies                                      Article 7
 under the obligation to distil the by-products of wine­
 making shall be that laid down in paragraph 1 (a).                  1.    Member States shall      inform the  Commission
                                                                     before the 10th of each month of the quantities of
                             Article 2                               alcohol delivered to the intervention agencies during
                                                                     the preceding month under the obligation to distil the
 1.     Independent producers, affected by the provi­                by-products of wine-making, stating the quantities
 sions of the second subparagraph of Article 7 ( 1 ) of              which have been delivered pursuant to the provisions
                                                                     of Article 7 ( 1 ), (2) or (3) of Regulation (EEC) No
 (') O J No L 170 , 28 . 7 . 1972, p . I.                            1171 /71 .
 ---pagebreak--- No L 210 /28                      Official Journal of the European Communities                           31 . 7. 73
2.   They shall also inform the Commission before :                                  Article 8
— 1 October 1973 , in respect of the previous wine­
   growing year, of the selling prices as well as the        Regulation (EEC) No 1601 /72 is repealed.
   characteristics and quantities of the products sold
   at these prices .
                                                                                     Article 9
— 1 July 1974, for the current wine-growing year, of
   the provisional selling prices as well as the charac­
   teristics and quantities of the products sold at         This Regulation shall enter into force on 1 September
   these prices.                                             1973 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 27 July 1973 .
                                                                      For the Commission
                                                                          The President
                                                                     Francois-Xavier ORTOLI