CELEX: 31976R2051
Language: en
Date: 1976-08-19 00:00:00
Title: Commission Regulation (EEC) No 2051/76 of 19 August 1976 laying down detailed rules for the distillation of the by-products of wine-making in respect of the wine-growing year 1976/77

20 . 8 . 76                            Official Journal of the European Communities                         No L 228/ 11
                                     COMMISSION REGULATION (EEC) No 2051 /76
                                                       of 19 August 1976
                 laying down detailed rules for the distillation of the by-products of wine-making
                                       in respect of the wine-growing year 1976/77
 THE COMMISSION OF THE EUROPEAN                                    Whereas, in order to ensure that the distillation arran­
 COMMUNITIES,                                                      gements are fully effective, provision should be made
                                                                   for certain time limits on the operations to be carried
  Having regard to the Treaty establishing the European            out by producers and distillers ; whereas it is also advis­
  Economic Community,                                              able to specify what constitutes proof in respect of the
                                                                   delivery of marc, lees and wine to distillers, such proof
 Having regard to Council Regulation (EEC) No                      to vary according to whether the distiller is established
 816/70 of 28 April 1970 laying down additional provi­             in the same Member State as the producer or in some
 sions for the common organization of the market in                other Member State ;
 wine (*), as last amended by Regulation (EEC) No
  11 67/76 (2), and in particular Articles 24 (7) and 35
 thereof,                                                          Whereas certain conditions should be laid down for
                                                                   the approval of distillers regarding the quality of the
 Whereas, for the purpose of determining the quantity              final product ;
 of alcohol to be contained in products delivered in
 pursuance of the obligation to distil the by-products
 of wine-making, provision must be made, in accor­                 Whereas steps should be taken to ensure that, in the
 dance with Article 24 (3) of Regulation (EEC) No                  event of the supervised withdrawal of the by-products
 816/70, to fix the percentage which that quantity                 of wine-making, in accordance with Article 7 of Regu­
 must represent in relation to the volume of alcohol               lation (EEC) No 1930/76, a balance is maintained vis-
 naturally contained in the products used for the                  à-vis producers who meet the obligation referred to in
 production of wine ; whereas it appears appropriate to            Article 24 (2) of Regulation (EEC) No 816/70 ;
 fix this percentage for the wine-growing year 1976/77
 at the maximum level laid down in the said Article ;              Whereas the need to improve the quality of wine
whereas, in accordance with Article 9 of Council Regu­             requires that all marc and lees be distilled ; whereas it
 lation (EEC) No 1930/76 of 27 July 1976 on the distil­            is therefore advisable to prohibit the distillation of
 lation of the by-products of wine-making (3),                     wine at the beginning of the wine growing year ;
 producers who deliver their grape marc for the manu­
 facture of oenocyanine are subject to a reduced percen­
 tage ; whereas, taking into account the fact that the             Whereas the second paragraph of Article 8 of Regula­
alcohol contained in the marcs represents a substan­               tion (EEC) No 1930/76 provides that the exemption
 tial proportion df the quantity of alcohol to be deliv­           in respect of individual small-scale producers from the
ered, the reduced percentage in respect of the wine­               obligation contained in Article 24 (2) of Regulation
growing year 1 976/77 should be fixed at 40 % of the               (EEC) No 816/70 may be raised to a maximum of 25
 normal rate ;                                                     hectolitres ; whereas the said maximum is appropriate
                                                                   for this wine-growing year in view of the administra­
Whereas, for the purpose of determining the quantity               tive situation in certain Member States ;
of alcohol to be contained in the products delivered, it
 is also necessary to fix, in accordance with Article 24
(3) of Regulation (EEC) No 816/70, a standard natural              Whereas, so that the Commission may keep a general
alcoholic strength for each wine-growing year in each              watch on compliance with the obligation to distil the
wine-growing zone ; whereas, however, by virtue of                 by-products of wine-making, it is necessary for the
Article 24 (5) of Regulation ( EEC) No 816/70,                     Member States concerned to notify it regularly of the
 producers in certain zones are not subject to the obli­           quantities delivered to intervention agencies and sold
gation in question ; whereas, in the absence of precise            by those agencies and of the quantities of grape marc
information on the alcoholic strength of wines for the             spirit or wine spirit produced in that connection ;
coming wine-growing year, this determination may be                whereas the Commission needs also to be informed of
made by reference to the average strengths recorded                the measures taken by the Member States to ensure
in the wine-growing zones concerned in previous                    that the obligations laid down in Article 24 ( 1 ) of
wine-growing years, taking into account improve­                   Regulation (EEC) No 816/70 are complied within ;
ments in quality ;
(') OJ No L 99, 5 . .5 . 1970 , p. 1 .                             Whereas the measures provided for in this Regulation
(2 ) OJ No L 135 , 24 . 5 . 1976, p. 42.                           are in accordance with the opinion of the Manage­
 3 OJ No L 21 1 , 5 . 8 . 1976, p. 1 .                             ment Committee for Wine,
 ---pagebreak--- No L 228 / 12                      Official Journal of the European Communities                              20 . 8.76
HAS ADOPTED THIS REGULATION :                                in the second subparagraph shall constitute the proof
                                                             mentioned in Article 1 (2) (a) of Regulation ( EEC) No
                                                              1930 / 76 .
                         Article /
                                                             3 . The purchase price of the by-products delivered
This Regulation lays down rules for applying Article         shall be paid by the distiller to the producer within 30
24 of Regulation (EEC) No 816/70 in respect of the           days after their delivery by the said producer.
wine-growing year 1976/77.
                                                             4. The delivery of alcohol to the intervention agen­
                         Article 2                           cies in accordance with Article 1 (2) (d) of Regulation
                                                             (EEC) No 1930/76 shall be effected by distillers by 15
The percentage referred to in Article 24 (3) of Regula­      August 1977.
tion (EEC) No 816/70 shall be 10 % .
The reduced percentage referred to in Article 9 of                                   Article 5
Regulation (EEC) No 1930/76 shall be 4 % .
                                                              Before the 15th of each month distillers shall commu­
                                                             nicate the following information to the intervention
                         Article 3
                                                             agencies in respect of the previous month :
For the purpose of determining the volume of alcohol         — the quantity of alcohol of an alcoholic strength of
contained in products delivered for distillation                 more than 92° obtained from the compulsory
pursuant to Article 24 (2) of Regulation ( EEC) No               distillation of the by-products of wine-making,
81^/70 in performance of the .obligation to distil the       — the quantity and alcoholic strength of potable
by-products of wine-making, the alcoholic strength to
                                                                 spirits produced in accordance with Article 5 of
be taken into consideration fox the wine-growing year            Regulation (EEC) No 1930/76, subdivided into
1976/77 shall be :
                                                                 marc spirit and wine spirit.
— 9-0 for Zone B,
— 9-5 for Zone C I,
— 10-0 for Zone C II ,                                                               Article 6
— 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
tion (EEC) No 1930/76 of marc, lees and wine to              more than 92° .
distillers shall be effected by producers by 15 July
1977. 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 .
cate stating the quantity and alcoholic strength of the
products delivered .
                                                                                     Article 7
By way of derogation from the preceding subpara­
graph, if a producer subject to the obligation referred
to in Article 24 (2) of Regulation ( EEC) No 816/70           1.    In accordance with Article 7 (2) of Regulation
has marc, lees, or wine distilled in another Member          ( EEC) No 1930/76, Member States shall fix :
State, the distiller shall request the intervention          — the quantity of marc and lees to be withdrawn in
agency of the Member State in which distillation takes
                                                                 relation to the quantity of wine produced,
place to certify in Section 23 of the document accom­
panying the products for distillation that the distillery    — the quantity of alcohol contained in marc and lees
has taken the products into its charge . The distiller           to be withdrawn in relation to the quantity of wine
shall forward to the producer a copy of the certified            produced .
accompanying document within 30 days following
receipt of the products for distillation .                   2.     Intervention agencies shall maks p. vision for a
                                                             suitable system of control in the event of withdrawal ,
A certificate as referred to in the first subparagraph or    such system to include at least the weighing of the
a duly certified accompanying document as referred to        products withdrawn .
 ---pagebreak--- 20 . 8 . 76                       Official Journal of the European Communities                        No L 228 / 13
                       Article 8                                the by-products of wine-making, indicating sepa­
The Member States shall inform the Commission                   rately quantities delivered under Article 9 of Regu­
                                                                lation (EEC) No 1930/76,
without delay of the measures taken to ensure that the
provisions of Article 24 ( 1 ) of Regulation (EEC) No       — the quantities of grape marc spirit or wine spirit
816/70 are complied with .                                      produced pursuant to Article 5 ( 1 ) of Regulation
                                                                (EEC) No 1930/76, and the quantities of alcohol
                       Article 9                                contained in these products.
Any wine delivered in performance of the obligation         2. They shall also communicate to the Commission
under Article 24 (2) of Regulation (EEC) No 816/70,         in respect of alcohol :
and wine intended for the production of potable             — before 1 October 1976 in respect of the wine­
spirits pursuant to Article 5 of Regulation (EEC) No            growing year 1975/76, the selling prices obtaining
1930/76, may be distilled only between 1 February               throughout the year and the characteristics and
and 15 August 1977.                                             quantities of the products sold at those prices,
                                                            — before 1 July 1977 in respect of the wine-growing
                      Article 10                                year 1976/77, the selling prices obtained since 1
In accordance with the second paragraph of Article 8            September 1976 and the characteristics and quanti­
of Regulation (EEC) No 1930/76, it is hereby decided            ties of the products sold at those prices,
that individual producers who, during the wine­             — before 1 October 1977 in respect of the wine­
growing year 1976/77, do not produce more than 25               growing year 1976/77, the selling prices obtaining
hectolitres of wine shall not be subject to the obliga­         throughout the year and the characteristics and
tion laid down in Article 24 (2) of Regulation (EEC)            quantities of the products sold at those prices.
No 816/70 .                                                 3.     Member States shall inform     the Commission
                                                            before 1 July 1977 of any cases in which distillers
                      Article 11                            have not fulfilled their obligations and of the
                                                            measures taken in consequence.
1.    Before the 20th of each month Member States
shall inform the Commission in respect of the
                                                                                   Article 12
preceding month of :
— the quantities of alcohol delivered to intervention       This Regulation shall enter into force on 1 September
    agencies in performance of the obligation to distil     1976 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
              Done at Brussels, 19 August 1976.
                                                                      For the Commission
                                                                        P.J. LARDINOIS
                                                                  Member of the Commission