CELEX: 51976PC0342
Language: en
Date: 1976-07-02
Title: Proposal for a COUNCIL REGULATION (EEC) on the distillation of the by-products of wine making (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
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DOCUMENTS "COM"
COM (76) 342
Vol. 1976/0102
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                        COM(76)342 final
                                        Brussels - 2 July 1976
                                Proposal for a
                          COUNCIL REGULATION (EEC)
                  on the distillation of the by-products
                  of wine making
                ( submitted to the Council by the Commission )
    C0MC76 ) 342 final
 ---pagebreak---                           EXPLANATORY MEMORANDUM
 The amendments to Regulation ( EEC ) No 816/76 have changed the requirements
 on wine deliveries . It is therefore necessary to adapt the general rules on
 the distillation of the by-products of wine-making.
 In view of the extensive amendments decided upon by the Council , it would
 seem appropriate to repeal the regulation in force and replace it by a new
 regulation specifying how producers must fulfil the obligation to distil th ?
 by-products of wine-making and defining the distillers' obligations with re­
 gard to the producers and the intervention agencies.
 In addition to fixing a price for the alcohol contained in the products whi^h
 undergo distillation following the wine deliveries , it is necessary to fix s.
 buying-in price for the alcohol delivered by distillers to the intervention
 agencies , taking into account possible differences in processing costs * los»
 ses and fixed transport costs.
 In view of the Council decision to enable producers to be freed from the obi :
 gation to distil the by-products of wine-making by withdrawal , it is neces&aj
 to specify the conditions under which such withdrawal may be made .
 The conditions for EAGGF financing of possible expenditure and the condition <:
■under which producers may free themselves from the obligation to distil the
 by-products of wine-making by producing potable spirits and identical to the
provisions contained in Regulation ( EEC ) No 1877/74.
 ---pagebreak---                                PROPOSAL FOR
                   COUNCIL REGULATION ( EEC ) N.
              on the distillation of the by-products of wine-making
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,            k-       ,     .• .
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation (EEC ) No 8l6/?0 of 28 April 1970 lay ! •
down^additional provisions for the common organization of the market in
wine , as last amended by Regulation ( EEC ) No 1167/76 t and in particular
Article 2k (2 ) and ( 3) thereof ,
Having regard to the proposal from the Commission ,
Whereas the conditions must be determined under which producers must fulf v"
the obligation laid down in Article 2k ( 2 ) of Regulation ( EEC ) No 816/70
and whereas the obligations of the distiller must also be determined ;
Whereas , account being taken of the value of the by-products , the price
to be paid to the producer for the alcohol contained in the products sub­
ject to compulsory distillation must be lower than the price applicable ia
respect of the distillation referred to in Articles 2ka and 24b of Regula­
tion ( EEC ) No 816/70 ;
                                                               .«
Whereas the fixing of a price to be paid by the distiller to the producer
for the products subject to compulsory distillation means that the inter­
vention agencies must buy in the alcohol at a price, which takes into account
the costs of processing the products in question ; .
                                                                * • •/#' * •
 OJ No L 99 , 5*5.1970, p* 1
20J No L 135 , 2^5.1976 , P. 42
 ---pagebreak--- whereas , in the absence of an organized Community market in ethyl alcohol , th
intervention agencies responsible for marketing such alcohol may be obliged
to sell it lower price than the buying-in price ; whereas provision should be
made in such an event for the difference between the buying-in price and the
selling price for that alcohol to be borne by the Guarantee Section of the
European Agricultural Guidance and Guarantee Fund , subject to a maximum araoun
and within the limits of the said difference ;
Whereas the fixing of the buying-in price for products subject to compulsory
distillation , the buying-in price for alcohol and the maximum amount of the
contribution from the Guarantee Section of the European Agricultural Guidamv
and Guarantee Fund towards the expenditure incurred by the intervention agen­
cies is closely linked to the fixing of the guide price ; whereas the same t;t
metable and the same deadlines should therefore be adopted for such operatic::
Whereas , in accordance with the first indent of Article 2k (*f ) of Regulation
( EEC ) No 816/70 , the producer may free himself of the obligation to distil by
producing potable spirits ; whereas the first subparagraph of paragraph 2 of
the same Article requires the distillation of wine in the absence of grape
marc or wine lees ; whereas , in these circumstances , it is logical to permit
the production of both potable spirits of wine and potable Spirits of grape
marc ; whereas , however , it should be ensured that potable spirits of vine are
not produced by using the by-products of wine-making for the purposes prohi­
bited in Article 2k ( l ) of Regulation ( EEC ) No 816/70 ;
Whereas the production of potable spirits must free the producer from the cbl
gation.to deliver alcohol only in respect of the quantity of alcohol containa
in the potable spirits produced ;
Whereas , in order to avoid the production of poor-quality potable spirits , 11
should be laid down , in the absence of Community criteria: on the subject , the
the potable spirits produced must comply with the national provisions in for­
ce ; whereas , in order to ensure the observance of those rules , provision
should be made for supervision ;                               ,
Whereas , in accordance with the second indent of Article 2k ( k ) of Regulatior
( EEC ) No 816/70 , the producer may free himself from the obligation to distij,
by withdrawing , under supervision , the by-products which he has obtained frx'
wine-making ; whereas that possibility is justified by the, fact that . marc and
lees can be kept only in small quantities and under certain technical condi"
tions and by the fact that the transport costs therefor could be dispropor­
tionate for producers situated at a considerable distance from the distiller
ries ; whereas , however , that justification does not apply to that- proportion
of wine deliveries which consists of wine ;                      ,
Whereas the obligation to distil represents a considerable constraint for the
isolated producer who makes only a small quantity of wine ; whereas , as a re­
sult of that obligation , he would incur transport costs for his grape marc an
wine leeB which would be out of proportion with the return which he could hop
to obtain on the alcohol distilled therefrom ; whereas such producers should
therefore also be freed from the obligation to distil ;
 ---pagebreak---                                         - 3 -
Whereas producers who deliver their grape marc for the manufacture of
 oenocyanine generally supply non-fermented grape marc 5 whereas the treat­
 ment which such marc undergoes for the extraction of oenocyanine makes it
 unsuitable for fermentation and distillation ; whereas those producers should
 therefore be exempted in proportion to their production of grape marc ;
 whereas it is difficult to make such a calculation accurately ; whereas
 this being the case , it is preferable to provide for a standard reduction
 in the general rate ;
 Whereas supervision of the fulfilment of the obligation specified in
 Article 2k ( 2 ) of Regulation ( EEC ) No 8l6/?0 requires obligations to be
 imposed on distillers also ; whereas , in order to ensure that those obliga­
 tions are fulfilled , distillers should be subject to a system of approval ,
 HAS ADOPTED THIS REGULATION :
                                     Article 1
     The person subject to the obligation laid down in Article 24(2 ) of
     Regulation ( EEC ) 1J0 316/ 70, hereinafter called " the producer ", shall
     fulfil his obligations by delivering mr.rc , lees and, where appli able, '
     wines to an approved distiller of his choice .
 2 . The distiller shall be required ;
      - to furnish the producer with proof of the delivery of the products ■'
        concerned-,
      - to pay the producer the price referred to in Article 2 ,
      - to process into alcohol the products delivered to him ,
      - to deliver the alcohol to the intervention agencies designated by the
        Member States . The actual alcoholic strength of the alcohol may not be
        less than 95° »
 3» The intervention agencies shall pay the distillers the price referred to
      in Article 3 .
                                     Article 2
 The price to be paid to : the producer , according to alcohol content , for marc ,
 lees and , where applicable * wines delivered for distillation , hereinafter
 called "the buying-in price for wine deliveries ", shall be fixed each year
 per hectolitre and per degree of alcohol before 1 August for the following
 wine-growing year.
 It may not be higher than            % of the guide price for table wine of type A I
 applicable with effect from the following 16 . December .
                                     Article : 3"               " 1
 1 . The price to be paid by the intervention agencies to distillers for the
      alcohol delivered , hereinafter called " the price of the alcohol from wine
      deliveries ", shall be fixed annually by the Council , acting by a qualified
      majority on a proposal from the Commission,,,, at the same time and ■
      for the same wine-growing year as the buying-in price for win^ deliveries *
                                                                                • • • /• • •
 ---pagebreak---                                        - k -
2 . The price referred to in paragraph X shall be fixed on the basis of the
       costs of
       - distillation ,
       - transport .
       - losses#
       It may be differentiated according to the product distilled in . order to
       take into account , where necessary , the differing costs for distilling
       marc , lees and wines .
3« The price of the alcohol from wine deliveries shall be fixed per hectoli­
       tre and per degree of alcohol . It shall apply to unpacked goods delivered
       free at the warehouse of the intervention agency.
                                      Article k
1 . In accordance with the procedure - referred to in Article 2k ( 6 ) of Regular
       tioh ( EEC ) No 816/70 , the maximum amount of the contribution from the
       Guarantee Section of the EAGGF towards the expenditure incurred by the in­
       tervention agencies shall be fixed annually , at the same time and for th<;
       same wine-growing year as the buying-in price for wine deliveries# This
       amount shall be fixed per hectolitre and per degree of alcohol .
2. The EAGGF contribution shall be paid , up to the maximum amount referred r ;
       in paragraph 1 , only where , during a given budgetary year , the overall
       expenditure of an intervention agency on the buying-in of alcohol obtained
       by the distillation under Article 24 of Regulation ( EEC )   x .. (" ' )
       No 816/70 is greater than the income from the sale of such alcohol .
       If the difference referred to in the first subparagraph is less' than the
       maximum amount multiplied by the quantities sold , the contribution shall
       be equal to that difference .
3 . Articles k and 5 of Regulation ( EEC ) No 729/70 shall apply to the EAGGF
       contribution referred to in this Article .
                                      Article 5
1 . The producer shall be totally or - partially freed from the obligation laid
       down in Article Zk ( 2 ) of Regulation ( EEC ) No 816/70 if an approved die­
    . tiller of his choice manufactures from that producer 's own products :
       - potable spirits of grape marc , obtained directly from grape marc , wine
         lees or both those products , '' / 'V
       - or , failing this , potable spirits of wine , obtained directly from wiixe 0
2 . For each administrative unit in which the wine production is traditionally
       intended for processing into potable spirits of wine , Member States shal .
       determine the minimum percentage of potable spirits of marc to be produ«-
       ced where the option provided for in paragraph 1 is exercised .
       That percentage shall correspond to the average quantity of alcohol contain
     . ned in the marc        lees produced in the administrative unit concerned .
3. The quantity of alcohol , expressed as pure alcohol , contained in the pota
   ■ - hie spirits shall be deducted from the quantity of alcohol -which is
       required to be delivered under the said Article 24(2) .
                                                                         • • • / • • ft
 ---pagebreak--- b. In order to exercise the option provided for in paragraph 1 , the producer
    shall be able to supply the intervention agency with proof of the delive­
    ry of the quantity of marc , lees and , where applicable , wine referred to
    in Article 2*t ( 3 ) of Regulation ( EEC ) No 816/70 .
5 . The distiller shall inform the intervention agency of the total quantity
    of potable spirits produced in accordance with this Article , broken down
    into potable spirits of marc and potable spirits of wine .
6 . The production of potable spirits may have the effect mentioned in para­
    graph 1 only if :
    a ) the quality of the potable spirits obtained satisfies the national
        provisions on the subject ; the distiller shall supply proof thereof
        to the competent agency ;                           (-
    b ) it is carried out under the supervision of the competent agency ; the
        distiller shall be required to permit such supervision at any time
        during distillation .
                                    Article 6
For the purposes of this Regulation an approved distiller means a distiller
included on a list to be compiled by the intervention agencies in accordance
with criteria to be determined * Approval shall be withdrawn from distillers
who do not fulfil their obligations under this Regulation .
                                    Article 7
1 . Producers shall be totally or partially freed from the obligation laid
    down in Article 2*f ( 2 ) of Regulation ( EEC ) No 8l6/70 if the products are
    withdrawn under supervision*
2 . The quantity of marc and lees withdrawn must be in a ratio to be deter­
    mined with the quantity of wine produced in respect of which the obliga­
    tion to distil the marc and lees is not fulfilled .
3 « Where this option is exercised by th« producer , the discharge from the
    obligation laid down in Article 2k ( 2 ) of Regulation ( EEC ) No 816/70
    applies only to a maximum of 8 % of the volume of alcohol naturally
    contained in the products used for the production of wine.
                                    Article 8
The obligation laid down in Article 2k ( 2 ) of Regulation ( EEC ) No 8lo/ 70
shall not apply to the marc , lees and , where applicable , wine of isolated
producers who , during the wine-growing year in question , do not make more
than 10 hectolitres of wine .
                                    Article 9
Producers who deliver their marc for the manufacture of oenocyanine may be
made subjected to a re'duced rate .
                                    Article 10                       •••/•••
Regulation ( EEC ) No 1877/7^ is repealed.
 ---pagebreak---                                 Article 11
,.This Regulation shall enter into force on the third day following its pu­
  blication in the Official Journal of the European Communities ,
  It shall apply with effect from 1 September 1976 .
  This Regulation shall be binding in its entirety and directly applicable in
  all Member States .
  Done at Brussels .                                  For the Council ,
                                                       The President .
 ---pagebreak--- I                     FINANCIAL             STATEMENT                                                                   0
                                                                                 I PATS »     16.6.76          's       I
I " BUDGET LINS CONCERNED 1            6912 ( intervention wine )
        ACTION 1      Proposal for a Council Regulation laying down general rules in respect                            B
Γ                     of the distillation of table wines provided for in Articles 6bf 6c t
                     '24a arid 24b of Regulation (EEC) No 816/70
                                                                                                                        B
                                                                                                                        B
I 3* LECAL BASIS 1 Articles 6b, 6cf 24a and 24b of Council Regulation (EEC) No 816/70                                    j
   4*   OBJECTIVES 1      Establishment of general rules governing wine distillation operations
                          following the amendments to Regulation No 816/70 .
    5 . FINANCIAL CONSEQUENCE                  FOR THE MARKET! NQ TEAR
   5.0 EXPENDITURE
                                                                       CURRENT FINANCIAL YEAR  FOLLOWING FIHANCIAL TEAR
                                                                                                      ( 77 )
                                                                                                                         g
                                                                                                                         8
         •-CHARGED TO THE EC BUDCET
           ( REKUH16/1TITERVENTI OHS )                  1                       1                        1)
         –CHARCED TO NATIONAL ADKINISTR .
         -CHARGED TO OTHER NATIONAL CROUPS
   5.1 RECEIPTS
         -OWN RESOURCIS or T!!E EC
           ( LEVI ES/CUQTOKS DUTIES )
         -NATIONAL
                                               TEAR                    TEAR                    *EAR                      {
   J.O.I PLURI ANNUAL PATTERN OF EXPENDITURE
   5.1.1 PLURI ANNUAL PATTERtl OR RECEIPT3
   5.2 METHOD OF CALCULATION
  6.0 FINANCING POSSIBLE WITH CREDITS INSCRIBED IN RELEVANT CHAPTER OF CURRENT BUDGET T
                                                                                                          TE5/K&X
                                                                                                         -MM,
                                                                                                                         I
                                                                                                         -M/iïù          I
  6.3 CREDITS TO BE WRITTEN INTO FUTURE BUDGETS ?
  COHXENTS « 1 ) The proposal for a Regulation relates to the laying down of general
             rules governing wine distillation operations and as such has no financial
             consequences . The financial impact will be indicated in the proposal for a
             Regulation establishing the amount of the aid for the distilled wine .