CELEX: 31975R3219
Language: en
Date: 1975-12-09 00:00:00
Title: Regulation (EEC) No 3219/75 of the Council of 9 December 1975 amending Regulation (EEC) No 1877/74 on the distillation of the by-products of wine making

11 . 12 . 75                             Official Journal of the European Communities                             No L 320/ 1
                                                                 I
                                               (Acts whose publication is obligatory)
                                REGULATION (EEC) No 3219/75 OF THE COUNCIL
                                                      of 9 December 1975
                  amending Regulation (EEC) No 1877/74 on the distillation of the by-products of
                                                          wine making
THE COUNCIL OF THE EUROPEAN                                             — potable spirits of grape marcs, directly from
COMMUNITIES,                                                                 grape marcs and/or wine lees,
Having regard to the Treaty establishing the European                   — and, failing this, potable spirits of wine,
Economic Community ;                                                         directly from wine.
Having regard to Council Regulation (EEC) No
8 1 6/70 ( ! ) of 28 April 1970 laying down additional
provisions for the common organization of the market                    2.     Member States shall establish , for all adminis­
in wine, as last amended by Regulation (EEC) No
                                                                        trative units whose wine production is traditionally
1 932/75 (2), and in particular Article 24 (3) thereof ;                intended for processing into potable spirits, a
Having regard to the proposal from the Commission ;                     minimum percentage of potable spirits of marcs
                                                                        which must be produced when recourse is had to
Whereas Article 5 ( 1 ) of Council Regulation (EEC) No                  the option referred to in paragraph 1 .
1 877/74 (3) of 15 July 1974 on the distillation of the
by-products of wine making, lays down that producers
may, in partial or total discharge of the obligation to
distil , produce or have produced potable spirits of                    This percentage must correspond to the average
grape marcs or potable spirits of wine from their own                   quantity of alcohol contained in the marcs and
products ; whereas in the light of experience gained                    lees from the administrative unit in question .
the conditions on which potable spirits can be
produced should be defined ;
Whereas Member States should be empowered to take                       3 . A producer may avail himself of the option
the specific measures necessary for those administra­                   referred to in paragraph 1 only if he informs the
tive units whose wine production is traditionally                       intervention agency of the amounts produced,
intended for processing into potable spirits,                           broken down into potable spirits of marcs and
                                                                         potable spirits of wine .
HAS ADOPTED THIS REGULATION :
                                                                        4.     The quantity of alcohol, expressed as pure
                            A rticle 1                                  alcohol, contained in the potable spirits shall be
                                                                        deducted from the quantity of alcohol which must
Article 5 of Regulation (EEC) No 1877/74 shall be                       be delivered pursuant to the first subparagraph of
replaced by the following :                                              Article 24 (2) of Regulation (EEC) No 816/70 .
      Article 5
      1.      Producers can , in partial or total discharge of
                                                                         5.    The production of potable spirits may have
      the obligation to distil, produce or have produced
      from their own products :
                                                                         the effect mentioned in paragraph 1 only if :
(') OJ No L 99 , 5 . 5 . 1970 , p. 1 .
(2 ) OJ No L 198 , 29 . 7. 1975, p. 19 .                                 (a) the quality of the potable spirit obtained
(3 ) OJ No L 198 , 20 . 7 . 1974, p. 3 .                                     conforms to national provisions on the
 ---pagebreak--- No L 320/2                      Official Journal of the European Communities                           11 . 12 . 75
      subject ; the producer or distiller shall supply                             Article 2
      proof thereof to the competent agency ;
  (b) it is carried out under the supervision of the
      competent agency ; the producer and the               This Regulation shall enter into force on the day
      distiller are required to permit such supervi­        following its publication in the Official Journal of
      sion at any moment during distillation .'             the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 9 December 1975 .
                                                                       For the Council
                                                                         The President
                                                                          M. RUMOR