CELEX: 31971R2292
Language: en
Date: 1971-10-26 00:00:00
Title: Regulation (EEC) No 2292/71 of the Council of 26 October 1971 amending Regulation (EEC) No 1171/71 as regards total or partial exemption from the obligation to distil the by-products of wine-making

876                                   Official Journal of the European Communities
  29.10.71                              Official Journal of the European Communities                             No L 243 / 1
                                    REGULATION (EEC) No 2292/71 OF THE COUNCIL
                                                      of 26 October 1971
                amending Regulation (EEC) No 1171/71 as regards total or partial exemption from the
                                      obligation to distil the by-products of Avine-making
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas producers who deliver their grape marcs for
                                                                    the manufacture of oenocyanine generally supply
                                                                    unfermented grape marcs ; whereas the processes to
  Having regard to the Treaty establishing the:                     which these are subjected in order to extract the
  European Economic Community;                                       oenocyanine render them thereafter unsuitable for
                                                                    fermentation and distillation ; whereas such producers
  Having regard to Council Regulation (EEC) No                      should be exempt pro rata for their production of
  816/701 of 28 April 1970 laying down additional                   grape marcs ; whereas an exact calculation is not
  provisions for the common organisation of the                     possible ; whereas, therefore, provision should be
  market in wine, as last amended by Regulation (EEC)               made for a fixed reduction in the general rate ;
  No 1627/71 ,2 and in particular Article 24 (2) thereof;
                                                                    Whereas, in accordance with Article 10 (1 )             of
  Having regard to the proposal from the Commission;                 Council Regulation (EEC) No 817/704 of 28 April
                                                                     1970 laying down special provisions for quality wines
                                                                    produced in specified regions, as amended by
  Whereas, in pursuance of the first subparagraph of                 Regulation (EEC) No 1627/71 , a yield per hectare is
  Article 24 (2) of Regulation (EEC) No 816/70,                     fixed for each of the quality wines p.s.r. which
  certain producers may be exempted from the                         facilitates observance of the prohibition against the
. obligation to distil the by-products of winemaking ;              pressing of wine lees and over-pressing of grapes ;
                                                                    whereas, moreover, the marcs and lees of certain
  Whereas Article 7 of Council Regulation (EEC) No                   quality wines p.s.r. contain little alcohol and whereas
  1171/71 3 of 3 June 1971 on the distillation of the               it is useful to be able to apply a reduced rate to those
  by-products of wine-making exempts independent                     products ;
  producers who, during a wine-growing year, do not
  make more than 50 hectolitres of wine; whereas,
  however, some of these small-scale producers are                   HAS ADOPTED THIS REGULATION :
  already in the habit of distilling their grape marcs
  and wine lees and whereas they should be allowed to
  continue in this practice; whereas they should                                             Article 1
  therefore be allowed to forego exemption and
  become thereby comparable in all respects to
  producers who are not exempt; whereas in order to                  The following text shall be substituted for the text of
  prevent deliveries of alcohol to the intervention                  Article 7 of Regulation (EEC) No 1171 /71 :-
  agencies from becoming too irregular, an
  independent producer should, once he has foregone                      ' 1 . Independent producers who, during a
  exemption, undertake to continue to do so until the                    wine-growing year, do not make more than 50
  validity of that Regulation expires ;                                  hectolitres of wine,, shall not be subject to the
                                                                         obligation laid down in the first subparagraph of
                                                                         Article 24 (2) of Regulation (EEC) No 816/70.
  1 OJ No L 99, 5.5.1970, p . 1 .                                        However, such producers may forego this
  2 OJ No L 170, 29.7.1971, p . 3 .                                      exemption. Such action shall bind them for the
  3 OJ No L 123 , 5.6.1971, p . 4.                                       period from the date on which such action is
  4 OJ No L 99, 5.5.1970, p. 20.                                         taken until the validity of this Regulation expires.
 ---pagebreak---                               Official Journal of the European Communities                                 877
2. Producers who deliver their grape marcs for                                 Article 2
the manufacture of oenocyanine may be subject
to a reduced rate.                                       This Regulation shall enter into force on the third
3.    Producers of certain quality wines p.s.r. may      day following its publication in the Official Journal
                                                         of the European Communities.
be subject to reduced rates in respect of that part
of their harvest which can qualify for such
description.'
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Luxembourg, 26 October 1971 .
                                                                             For the Council
                                                                              The President
                                                                                L. NATALI