CELEX: 31975R2115
Language: en
Date: 1975-08-12 00:00:00
Title: Regulation (EEC) No 2115/75 of the Commission of 12 August 1975 laying down in respect of the 1975/76 wine-growing year detailed rules for applying the obligation to distil the by-products of wine-making and repealing Regulation (EEC) No 2179/74

No L 215/ 14                             Official Journal of the European Communities                               13 . 8 . 75
                             REGULATION ( EEC) No 2115 / 75 OF THE COMMISSION
                                                         of 12 August 1975
                laying down in respect of the 1975 /76 wine-growing year detailed rules for
                applying the obligation to distil the by-products of wine-making and repealing
                                                  Regulation ( EEC) No 2179/ 74
THE COMMISSION OF THE EUROPEAN                                      Whereas, pursuant to Article 12(5) of Council Regula­
COMMUNITIES,                                                        tion ( EEC) No 81 7/70 (4 ) of 28 April 1970 laying
                                                                    down special provisions relating to quality wines
                                                                    produced in specified regions, as last amended by
Having regard to the Treaty establishing the European               Regulation ( EEC) No 2894/74 (5 ), the quality wines
Economic Community ;                                                psr referred to above may be downgraded at the
                                                                    production stage ; whereas in respect of these down­
                                                                    graded wines the same rate should be applied as is
Having regard to Council Regulation (EEC) No                        applied to table wines ;
8 1 6/70 ( ') of 28 April 1970 laying down additional
provisions for the common organization of the market
in wine, as last amended by Regulation ( EEC) No
678 /75 (-'), and in particular Articles 24 (4) and 35
thereof ;                                                           Whereas a written undertaking should be required
                                                                    from producers who forego the exemption provided
                                                                    for in Article 7(1 ) of Regulation ( EEC) No 1877/74 ;
Whereas the quantity of alcohol to be delivered to the
intervention agencies in pursuance of the obligation
to distil the by-products of wine-making must be
fixed    in   accordance     with     certain   detailed  rules ;   Whereas, it follows from the second subparagraph of
whereas, in particular, a fixed ratio has to be esta­               Article 24(2) of Regulation ( EEC) No 816/ 70 , that,
blished each wine-growing year between the volume                   when fixing the quantities of alcohol to be delivered a
of alcohol contained naturally in the products used for             standard natural minimum alcoholic strength should
the production of the wine and the quantity of                      also be laid down for each wine-growing zone ;
alcohol to be delivered ; whereas the ratio for the                 whereas, however, pursuant to Article 6 of Regulation
wine-growing year 1975/76 should be fixed at the                    (EEC) No 1877/ 74 producers in certain zones are not
maximum percentage provided for in the second                       subject to the obligation in question ; whereas, in the
subparagraph of Article 24 (2) of Regulation ( EEC)                 absence of any precise information on the alcoholic
No 816/ 70 ;                                                        strength of the wines of the forthcoming wine­
                                                                    growing year, such strength may be determined on
                                                                     the basis of the average values recorded in the various
Whereas, when determining the reduced rate appli­
                                                                    wine-growing zones concerned in preceding years and
cable in accordance with Article 7 (2) of Council Regu­
                                                                     of any improvement in quality ;
lation ( EEC) No 1 877/ 74 (3 ) of 15 July 1974 on the
distillation of the by-products of wine-making in the
case of marc delivered for the manufacture of oenocya­
nine, it should be borne in mind that the alcohol
contained in marc accounts for a large proposition of                Whereas Council Regulation ( EEC) No 1891 /75 (fo ) of
the quantity of alcohol which could be delivered ;                   22 July 1975 laying down for the wine-growing year
whereas      in  these   circumstances       the   reduced   rate     1975/76 the price to be paid for alcohol delivered to
 provided for in that paragraph should be fixed for the              intervention agencies under the obligation to distil the
wine-growing year 1975/76 at 40% of the normal                       by-products of wine-making and the maximum
 rate ;                                                              amount of the contribution towards this price by the
                                                                     Guarantee Section of the European Agricultural Guid­
                                                                     ance and Guarantee Fund fixed the price to be paid
 Whereas under Article 7 (3 ) of that Regulation partial             by the intervention agencies for rectified alcohol ;
 exemption may also be granted to producers of certain               whereas in the absence of a common organization of
 quality wines psr ; whereas the method of wine­                     the     market  in  alcohol     it  would be difficult   to
 making employed has a significant influence on the                  harmonize the conditions for the taking over of that
 alcohol content of the marc ; whereas this fact should              alcohol ; whereas the Member States should therefore
 be taken into account when the reduced rate is fixed ;              be empowered to lay down precise conditions ;
(') OJ No L 99 , 5 . 5 . 1970 , p . 1 .                              H OJ No L 99 , 5 . 5 . 1970 , p . 20 .
(-') O') No L 72, 20 . 3 . 1975, p. 43 .                             (5 ) O'l No L 310, 21 . 11 . 1974, p . 7.
(■') O'l No L 198 , 20 . 7 . 1974, p. 3 .                            (h) O'l No L 193 , 25 . 7 . 1975, p. 2.
 ---pagebreak---  13 . 8 . 75                            Official Journal of the European Communities                           No L 215/ 15
Whereas for administrative reasons a final date should            determine the quantity of alcohol to be delivered to
be fixed in respect of the wine-growing year 1975/76              the intervention agencies in pursuance of the obliga­
for delivery to the intervention agencies of the                  tion to distil the by-products of wine-making shall be
products concerned ;                                              that specified in paragraph 1 (a).
Whereas, in the interests of improving the quality of
wine , all marcs and lees should be distilled ; whereas                                     Article 2
to achieve this result provision should be made to
prevent the distillation of wine during the first part of          1.     Isolated producers who intend pursuant to the
the wine-growing year ;                                           second subparagraph of Article 7(1 ) of Regulation
                                                                  (EEC) No 1877/74 to forego the exemption provided
Whereas provision should be made for rules to                     for in the first subparagraph thereof shall send to their
prevent any misuse of products intended for distilla­             local intervention agency a written undertaking to
tion in furtherance of the obligation to distil the               forego such exemption .
by-products of wine-making, if the process is to take
place in another Member State ; whereas a suitable                2.      Such undertaking must reach the intervention
system should therefore be set up ;                               agencies before 1 December 1975.
Whereas , in order to enable the Commission to obtain
                                                                                            Article 3
an overall view as regards compliance with the obliga­
tion to distil the by-products of wine-making, the
Member States concerned must keep it regularly                    The alcoholic strengths to be taken as a basis for the
informed both of the amounts bought-in and sold by                purpose of determining the volume of alcohol to be
the intervention agencies in pursuance of this obliga­            delivered to the intervention agencies in pursuance of
tion and of the quantities of potable spirits of grape            the obligation to distil the by-products of wine­
marc or of wine produced in pursuance thereof ;                   making shall for the 1975/76 wine-growing year be as
                                                                  follows :
Whereas it is necessary, in order to prevent fraud, for           — 9-0 for Zone B ,
Member States to carry out some kind of supervision ;             — 9-5 for Zone C I ,
Whereas Commission                 Regulation ( EEC) No           — 10 0 for Zone C II ,
                                                                  — 1 0-5 for Zone C III .
2179/ 74 (') of 20 August 1974 laid d6wn detailed rules
for applying the obligation to distil the by-products of
wine-making and special conditions for the wine­                                            Article 4
growing year 1974/75 ; whereas for the sake of clarity
that Regulation should be repealed and its text                    For the purposes of Article 1 ( 1 ) of Regulation ( EEC)
republished with the necessary amendments for the                  No 1891 /75 the Member States concerned shall lay
wine-growing year 1975/76 ;                                       down the conditions for the taking-over by the inter­
                                                                  vention agencies of the alcohol delivered to them .
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Manage­
ment Committee for Wine,                                                                    Article 5
                                                                  Alcohol      obtained  during    the wine-growing year
HAS ADOPTED THIS REGULATION :                                      1975/ 76     as a  result  of   the distillation of  the
                                                                  by-products of wine-making shall be delivered to the
                                                                   intervention agencies not later than 15 August 1976 .
                            Article 1
 1.      For the wine-growing year 1975/ 76 :                                               Article 6
(a) the percentage referred to in Article 24 (2) of     Regu­
      lation ( EEC) No 816/70 shall be 10 % ;                      1.     Member States shall take all appropriate
                                                                   measures by way of supervision procedures, and in
(b) the reduced rate referred to in Article 7 (2) of    Regu­      particular they shall ensure that the provisions of
      lation ( EEC) No 1877/ 74 shall be 4 % ;                    Article 24(1 ) of Regulation ( EEC) No 816/70 are
(c) the reduced rate referred to in Article 7 (3) of    Regu­     complied with .
      lation ( EEC) No 1877/74 shall be 6% for          white
      quality wines psr.                                           2.     They shall notify the Commission as soon as
                                                                   possible of the measures taken .
2.      Where a quality wine psr comes within subpara­
graph (c) of the preceding paragraph but is down­                  3.     They shall communicate to the Commission as
graded at the production stage , the percentage used to           soon as possible details of the provisions taken by
                                                                   them in implementation of Article 4 of this Regula­
(') O ) No I. 230 , 21 . X. 1 974, p. 13 .                         tion .
 ---pagebreak--- No L 215/ 16                         Official Journal of the European Communities                                 13 . 8 . 75
                        Article 7                              — the quantities of alcohol delivered to the interven­
                                                                     tion agencies in pursuance of the obligation to
If in furtherance of the obligation to distil the                    distil the by-products of wine-making, giving
by-products of wine-making, a quantity of wine has to                separate figures for the quantities delivered
be distilled in order to fulfil the obligation to deliver a          pursuant to each of paragraph 1 , 2 and 3 of Article
quantity of alcohol corresponding to a certain propor­               7 of Regulation ( EEC) No 1877/ 74 ;
tion of the volume of alcohol contained naturally in
the products used for the production of the wine, this         — the quantities of potable spirits of grape marc or of
operation may only be carried out between 1 April                    wine produced pursuant to Article 5(1 ) of Regula­
1976 and 16 August 1976.                                             tion ( EEC) No 1877/74, together with the amounts
                                                                     of alcohol contained in those products.
                         Article 8
                                                                2.      In respect of alcohol , they shall also inform the
 1.    If a producer in one Member State, who is                Commission :
subject to the obligation to distil the said by-products,                                              f
intends to distil the products in question in another           — before 1 October 1975 in respect of the previous
Member State, the discharge of his obligation shall be
                                                                     wine-growing year, of the selling prices obtained
certified by the intervention agency of the Member
                                                                     and of the characteristics and quantities of the
State where the distillation takes place .                           products sold at those prices ;
2. The certification referred to in paragraph 1 shall           — before 1 July 1976 in respect of the current wine­
be entered in section 23 of the accompanying docu­                   growing year, of the provisional selling prices and
ment sent with the products to be distilled . The certifi­           of the characteristics and quantities of the
cation shall state the quantity and strength of the                   products sold at those prices.
alcohol obtained from the products referred to in
sections 10 to 16 of the accompanying document. The
certification shall be sent to the producer not later
than 15 August of the year in question .                                                 Article 10
 3.    Supervision of the distillation operation referred
 to in paragraph 1 shall be the responsibility of the           Regulation ( EEC) No 2179/74 is hereby repealed .
 Member State in which it takes place .
                         Article 9                                                       Article 11
  I.   Member States     shall   inform   the  Commission
 before the 20th of each month , in respect of the              This Regulation shall enter into force on 1 September
 preceding month , of :                                          1 975 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 1 2 August 1 975 .
                                                                            For the Commission
                                                                              P.J. LARDINOIS
                                                                         Member of the Commission