CELEX: 31972R1601
Language: en
Date: 1972-07-26 00:00:00
Title: Regulation (EEC) No 1601/72 of the Commission of 26 July 1972 on detailed rules for applying the obligation to distil the by-products of wine-making for the 1972/73 wine-growing year and repealing Regulation (EEC) No 2496/71

752                                  Official Journal of the European Communities
28.7.72                              Official Journal of the European Communities                            No L 170/ 1
                               REGULATION (EEC) No 1601/72 OF THE COMMISSION
                                                     of 26 July 1972
              on detailed rules for applying the obligation to distil the by-products of wine-making
                   for the 1972/73 wine-growing year and repealing Regulation (EEC) No 2496/71
 THE COMMISSION OF THE EUROPEAN                     COM­        percentage provided for in that paragraph should be
MUNITIES,                                                       fixed, for the 1971/72 wine-growing year, at 40% of
                                                                the normal percentage;
Having regard to the Treaty establishing the
European Economic Community ;                                   Whereas, in accordance with Article 7 (3 ) of that
                                                                Regulation, partial exemption may also be granted to
Having regard to Council Regulation (EEC) No                    producers of some quality wines p.s.r.; whereas,
816/701 of 28 April 1970 laying down additional                 bearing in mind the general desire to see quality
 provisions for the common organization of the                  improved, that option should be used; whereas the
market in wine, as last amended by Regulation (EEC)             method of wine-making has a significant influence on
No 2722/71,2 and in particular Article 24 (4) and               the alcohol content of the marc; whereas this fact
Article 35 thereof;                                             should be taken into account when the reduced
                                                                percentage is fixed;
Whereas the quantity of alcohol to be delivered to
the intervention agencies, under the obligation to              Whereas, among the quality wines p.s.r. referred to
distil the by-products of wine-making, must be fixed            above, some may be downgraded at the production
in accordance with certain procedures ; whereas in              stage in accordance with Article 12 (5 ) of Council
particular, a standard ratio should be established,             Regulation (EEC) No 817/705 of 28 April 1970 laying
each wine-growing year, between the volume of                   down special provisions for quality wines produced
alcohol contained naturally in the products used in             in specified regions, as amended by Regulation (EEC)
the making of the wine and the quantity of alcohol to           No 1627/716; whereas it is necessary, in respect of
be delivered; whereas for the 1972/73 wine-growing              these downgraded wines, to apply the same
year it seems appropriate to fix this ratio as a                percentage as is applicable to table wines ;
percentage corresponding to the maximum provided
for in the second subparagraph of Article 24 (2) of
Regulation (EEC) No 816/70 ;                                    Whereas provision should be made for a written
                                                                undertaking from producers who waive the
Whereas, in order to determine the amount by which              exemption provided for in Article 7 ( 1 ) of Regulation
the percentage to be applied should be reduced in               (EEC) No 1171 /71 ;
accordance with Article 7 (2) of Council Regulation
(EEC) No 1171/713 of 3 June 1971 on the distillation            Whereas,      in   accordance     with    the    second
of the by-products of wine-making, as amended by                subparagraph of Article 24 (2) of Regulation (EEC)
Regulation (EEC) No 2292/71 ,4 as regards the                   No 816/70, the fixing of the quantities of alcohol to
delivery of marc for the manufacture of oenocyanine,            be delivered also makes it necessary to determine a
it should be borne in mind that the alcohol contained           minimum natural alcoholic strength, calculated at a
in marc accounts for a large proportion of the                  flat rate, for each of the wine-growing zones;
quantity of alcohol which could be delivered;                   whereas,    however,    pursuant to     Article   6  of
whereas,    in    these    circumstances,   the   reduced       Regulation (EEC) No 1171/71, producers in some
1  OJ No  L 99, 5.5.1970, p. 1.                                 5 OJ No L 99, 5.5.1970, p. 20.
2  OJ No  L 282, 23.12.1971 , p. 1 .                            6 OJ No L 170, 29.7.1971, p. 3.
3  OJ No  L 123, 5.6.1971, p. 4.
4  OJ No  L 243, 29.10.1971, p. 1.
 ---pagebreak---                                     Official Journal of the European Communities                                   753
zones are not subject to the obligation in question;           ( a) the percentage referred to in Article 24 (2) of
whereas, in the absence of any precise information on                 Regulation (EEC) No 816/70, shall be fixed at
the alcoholic strength of the wines of the forthcoming                10% ;
wine-growing year, the strength may be determined
on the basis of the average values recorded in the             (b) the reduced percentage referred to in Article 7 (2)
various wine-growing zones concerned in preceding                     of Regulation (EEC) No 1171 /71 , shall be fixed
years ;                                                               at 4% ;
Whereas Council Regulation (EEC) No 1565/72 of 20              (c) the reduced percentage referred to in Article 7 (3 )
July 19721 laying down for the 1972/73 wine­                         of Regulation (EEC) No 1171 /71 , shall be fixed
growing year the price to be paid for alcohol                        at :
delivered to intervention agencies under the                         — 8% for red quality, wines p.s.r.
obligation to distil the by-products of wine-making
and the amount of the contribution towards this                      — 4% for white quality wines p.s.r.
price by the Guarantee Section of the European
Agricultural Guidance and Guarantee Fund fixed the
price to be paid by the intervention agencies for              2. Where a quality wine p.s.r. is both subject to
rectified alcohol; whereas, in the absence of a                the provisions of subparagraph (c) of the preceding
common organization of the market in alcohol, it               paragraph and has been downgraded at the
could prove difficult to obtain uniform conditions for         production stage, the percentage used to determine
taking over; whereas Member States should be                   the quantity of alcohol to be delivered to the
empowered to lay down more specific conditions ;               intervention agencies under the obligation to distil
                                                               the by-products of wine-making shall be that laid
Whereas for administrative reasons a final date                down in paragraph 1 (a).
should be fixed, for the 1972/73 wine-growing year,
for the actual delivery of these products to the
intervention agencies ;
                                                                                        Article 2
Whereas, in order to enable the Commission to
obtain an overall view of the buying-in and selling            1 . Independent producers, affected by the
transactions effected by the intervention agencies for         provisions of the second subparagraph of Article 7
the products which are delivered to them under the             ( 1 ) of Regulation (EEC) No 1171 /71, shall notify the
obligation to distil the by-products of wine-making,           intervention agency in writing of their undertaking to
the Member States concerned must keep the                      forgo the exemption referred to in the said
Commission regularly informed on this matter;                  paragraph.
Whereas it is necessary, in order to prevent fraud, for
Member States to initiate some kind of supervision ;           2.      Notification must reach the intervention agency
                                                               before :
Whereas Commission Regulation (EEC) No 2496/712
of 19 November 1971 laid down detailed rules for
                                                               — 1 November 1972 for those giving the
applying the obligation to distil the by-products of
wine-making and special conditions for the 1971/72
                                                                     undertaking for the 1972/73 and 1973 /74
                                                                     wine-growing years ;
wine-growing year; whereas for the sake of clarity
the abovementioned Regulation should be repealed               — 1        November    1973    for  those   giving  the
and the text should be published with the necessary                  undertaking for the 1973 /74 wine-growing year.
amendments for the 1972/73 wine-growing year;
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the                                               Article 3
Management Committee for Wine;
                                                               In order to determine the volume of alcohol to be
HAS ADOPTED THIS REGULATION :                                  delivered to the intervention agencies under the
                                                               obligation to distil the by-products of wine-making,
                                                               the alcoholic strength to be used for the 1972/73
                        Article 1                              wine-growing year shall be :
                                                               8-5 for zone B
1.     For the 1972/73 wine-growing year :
                                                               9-0 for zone C I,
                                                               9-5 for zone C II,
 1 OJ No L 167, 25.7.1972, p. 4.
 2 OJ No L 257, 20.11.1971, p. 28 .                            10 0 for zone C III.
 ---pagebreak--- 754                                 Official Journal of the European Communities
                        Article 4                                                      Article 7
As regards the application of Article 1 ( 1) of                1.    Member States shall inform the Commission
Regulation (EEC) No 1565/72, the Member States                before the 10th of each month, of the quantities of
concerned shall lay down the conditions for the                alcohol delivered to the intervention agencies during
taking over by the intervention agencies of the                the preceding month under the obligation to distil the
alcohol delivered to them.                                     by-products of wine-making, stating the quantities
                                                              which have been delivered pursuant to provisions of
                                                              Article 7 (1), (2) or (3 ) of Regulation (EEC) No
                        Article 5                              1171 /71 .
The alcohol obtained during the 1972/73                       2. They shall also inform the Commission before 1
wine-growing year under the distillation of the                October 1972, in respect of the previous
by-products of wine-making shall be delivered to the          wine-growing year, of the selling prices as well as the
intervention agencies not later than 30 June 1973 .            characteristics and quantities of the products sold at
                                                              these prices.
                        Article 6
1 . Member States shall take any appropriate                                          Article 8
measures to ensure proper control and in particular
that the provisions of Article 24 ( 1 ) of Regulation         Regulation (EEC) No 2496/71 is hereby repealed.
(EEC) No 816/70 are complied with.
2.    They shall notify the Commission without delay
of the measures taken.
                                                                                      Article 9
3.    They shall communicate to the Commission,
without delay, details of the provisions made for the         This Regulation shall enter into force on 1 September
application of Article 4 of this Regulation:                  1972 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 26 July 1972.
                                                                                  For the Commission
                                                                                      The President
                                                                                   S. L. MANSHOLT