CELEX: 31974R2179
Language: en
Date: 1974-08-20 00:00:00
Title: Regulation (EEC) No 2179/74 of the Commission of 20 August 1974 laying down in respect of the 1974/75 wine-growing year detailed rules for applying the obligation to distil the by-products of wine-making and repealing Regulation (EEC) No 2069/73

21 . 8 . 74                                 Official Journal of the European Communities                         No L 230/ 13
                                REGULATION (EEC) No 2179/74 OF THE COMMISSION
                                                           of 20 August 1974
                laying down in respect of the 1974/75 wine-growing year detailed rules for
                applying the obligation to distil the by-products of wine-making and repealing
                                                     Regulation (EEC) No 2069/73
THE COMMISSION OF THE EUROPEAN                                         down special provisions for quality wines produced in
COMMUNITIES,                                                           specified regions, as last amended by Regulation
                                                                       (EEC) No 2680/72 (5), quality wines psr as referred to
Having regard to the Treaty establishing the European                  above may be downgraded at the production stage ;
Economic Community ;                                                   whereas in respect of these downgraded wines the
Having regard to Council Regulation (EEC) No                           same percentage should be applied as is applied to
                                                                       table wines ;
816/70 (') of 28 April 1970 laying down additional
provisions for the common organization of the market
in wine, as last amended by Regulation (EEC) No                        Whereas a written undertaking should be required
1 532/74 (2), and in particular Articles 24 (4) and 35                 from producers who forego the exemption provided
thereof ;                                                              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                   Whereas it follows from the second subparagraph of
to distil the by-products of wine-making must be                       Article 24 (2) of Regulation (EEC) No 816/70 that
fixed    in   accordance with certain              detailed rules ;    when fixing the quantities of alcohol to be delivered it
whereas, in particular, a standard ratio has to be esta­               is necessary also to specify a standard minimum
blished each wine-growing year between the volume                      natural alcoholic strength for each of the wine­
of alcohol contained naturally in the products used in                 growing zones ; whereas, however, pursuant to Article
the making of wine and the quantity of alcohol to be                   6 of Regulation (EEC) No 1877/74 producers in
delivered ; whereas for the 1974/75 wine-growing year                  certain zones are not subject to the obligation in ques­
it seems appropriate to fix this ratio as a percentage                 tion ; whereas, in the absence of any precise informa­
corresponding to the maximum provided for in the                       tion on the alcoholic strength of the wines of the
second subparagraph of Article 24 (2) of Regulation                    forthcoming wine-growing year, such strength may be
(EEC) No 816/70 ;                                                      determined on the basis of the average values recorded
                                                                       in the various wine-growing zones concerned in
Whereas, in determining the amount by which the                        preceding years ;
percentage to be applied should, in accordance with
Article 7 (2) of Council Regulation (EEC) No                           Whereas Council Regulation (EEC) No 1 878 /74 (6) of
 1 877/74 (3) of 15 July 1974 on the distillation of the                15 July 1974 laying down for the 1974/75 wine­
by-products of wine-making, be reduced in the case of                  growing year the price to be paid for alcohol delivered
marc delivered for the manufacture of oenocyanine, it                  to intervention agencies under the obligation to distil
should be borne in mind that the alcohol contained
                                                                       the by-products of wine-making and the maximum
in marc accounts for a large proportion of the quan­                   amount of the contribution towards this price by the
tity of alcohol which could be delivered ; whereas in                  Guarantee Section of the European Agricultural Guid­
these circumstances the reduced percentage provided                    ance and Guarantee Fund fixed the price to be paid
for in that paragraph should be fixed for the 1974/75                  by the intervention agencies for rectified alcohol ;
wine-growing year at 40 % of the normal percentage ;                   whereas in the absence of a common organization of
                                                                       the market in alcohol, it would be difficult to
Whereas under Article 7 (3) of that Regulation partial
exemption may also be granted to producers of certain                  harmonize the conditions for the taking over of that
                                                                       alcohol ; whereas the Member States should therefore
quality wines psr ; whereas in view of the general
desire to see quality improved, that option should be                  be empowered to lay down precise conditions ;
used ; whereas the method of wine-making employed
has a significant influence on the alcohol content of                  Whereas for administrative reasons a final date should
the marc ; whereas this fact should be taken into                      be fixed in respect of the 1974/75 wine-growing year
account when the reduced percentage is fixed ;                         for delivery to the intervention agencies of the
                                                                       products concerned ;
Whereas, pursuant to Article 12 (5) of Council Regula­
tion (EEC) No 8 1 7/70 (4) of 28 April 1970 laying
                                                                       Whereas, in order to enable the Commission to obtain
(•) OJ   No  L  99, 5 . 5.  1970, p. 1 .                               an overall view as regards compliance with the obliga­
(2) OJ   No  L  166, 21 .   6. 1974, p. 1 .
(3) OJ   No  L  198, 20.    7. 1974, p. 3 .                            (5) OJ No L 289 , 27. 12. 1972, p. 1 .
(4) OJ   No  L 99 , 5 . 5 . 1970, p. 20 .                              (b) OJ No L 198 , 20 . 7 . 1974, p. 6 .
 ---pagebreak--- No L 230/ 14                         Official Journal of the European Communities                               21 . 8 . 74
tion to distil the by-products of wine-making, the              delivered to the intervention agencies in pursuance of
Member States concerned must keep it regularly                  the obligation to distil the by-products of wine­
informed both of the amounts bought-in and sold by              making shall for the 1974/75 wine-growing year be as
the intervention agencies in pursuance of this obliga­          follows :
tion and of the quantities of potable spirits of grape          — 8-5 for zone B,
marc or of wine produced in pursuance thereof ;                 — 9 0 for zone C I ,
Whereas it is necessary, in order to prevent fraud, for         — 9-5 for zone C II ,
Member States to carry out some kind of supervision ;           — 10 0 for zone C III .
Whereas Commission Regulation (EEC) No
                                                                                        Article 4
2069/73        of 27 July 1973 laid down detailed rules
for applying the obligation to distil the by-products of        For the purposes of Article 1 ( 1 ) of Regulation (EEC)
wine-making and special conditions for the 1973/74              No 1878/74, the Member States concerned shall lay
wine-growing year ; whereas for the sake of clarity that        down the conditions for the taking-over by the inter­
Regulation should be repealed and its text                      vention agencies of the alcohol delivered to them .
re-published with the necessary amendments for the
 1974/75 wine-growing year ;
                                                                                         Article 5
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Manage­               The alcohol obtained during the 1974/75 wine­
ment Committee for Wine,                                        growing year as a result of the distillation of the
                                                                by-products of wine-making shall be delivered to the
 HAS ADOPTED THIS REGULATION :
                                                                 intervention agencies not later than 15 August 1975 .
                         Article 1                                                       Article 6
 1.    For the 1974/75 wine-growing year :                       1 . Member States shall take all appropriate
                                                                 measures by way of supervision procedures, and in
(a) the percentage referred to in Article 24 (2) of Regu­        particular they shall ensure that the provisions of
     lation (EEC) No 816/70 shall be 10 % ;                      Article 24 ( 1 ) of Regulation (EEC) No 816/70 are
(b) the reduced rate referred to in Article 7 (2) of Regu­       complied with.
     lation (EEC) No 1877/74 shall be 4 % ;
(c) the reduced rates referred to in Article 7 (3) of            2. They shall notify the Commission as soon as
     Regulation (EEC) No 1877/74 shall be :                      possible of the measures taken .
     — 8 % for red quality wines psr,                            3 . They shall communicate to the Commission as
     — 4 % for white quality wines psr.                          soon as possible details of the provisions taken by
 2. Where a quality wine psr comes within subpara­               them in implementation of Article 4 of this Regula­
                                                                 tion .
 graph (c) of the preceding paragraph but is down­
 graded at the production stage, the percentage used to
 determine the quantity of alcohol to be delivered to                                    Article 7
 the intervention agencies in pursuance of the obliga­
 tion to distil the by-products of wine-making shall be           1.    Member States shall     inform  the   Commission
 that specified in paragraph 1 (a).                              before the 20th of each month, in respect of the
                                                                  preceding month, of :
                         Article 2
                                                                 — the quantities of alcohol delivered to the interven­
 1.     Isolated producers who intend pursuant to the                 tion agencies in pursuance of the obligation to
 second subparagraph of Article 7 ( 1 ) of Regulation                 distil the by-products of wine-making, giving
 (EEC) No 1 877/74 to forego the exemption provided                   separate figures for the quantities delivered
 for in the first subparagraph thereof shall send to their            pursuant to each of paragraphs 1 , 2 and 3 of
 local intervention agency a written undertaking to                   Article 7 of Regulation (EEC) No 1877/74 ;
 forego such exemption .
                                                                  — the quantities of potable spirits of grape marc or of
 2. Such undertakings must reach the intervention                     wine produced pursuant to Article 5 ( 1 ) of Regula­
 agencies before 1 November 1974.                                     tion (EEC) No 1877/74, together with the amounts
                                                                      of alcohol contained in those products.
                          Article 3
                                                                  However, as regards potable spirits the first such infor­
 The alcoholic strengths to be taken as a basis for the           mation shall be communicated so as to reach the
 purpose of determining the volume of alcohol to be               Commission on or before 20 January 1975 and shall
                                                                  relate both to the preceding month and to that part of
 (•) OJ No L 210, 31 . 7. 1973 , p. 26.                           the wine-growing year so far elapsed .
 ---pagebreak--- 21 . 8 . 74                        Official Journal of the European Communities                        No L 230/ 15
2.     In respect of alcohol, they shall also inform the                              Article 8
Commission :
— before 1 October 1974 in respect of the previous            Regulation (EEC) No 2069/73 is repealed.
     wine-growing year, of selling prices and of the
     characteristics and quantities of the products sold
     at those prices ;
                                                                                      Article 9
— before 1 July 1975 in respect of the current wine­
     growing year, of provisional selling prices and of
     the characteristics and quantities of the products       This Regulation shall enter into force on 1 September
     sold at those prices.                                    1974.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 20 August 1974.
                                                                       For the Commission
                                                                           The President
                                                                      Francois-Xavier ORTOLI