31971R1171

Official Journal of the European Communities 347

No L 123/4 Official Journal of the European Communities 5.6.71

REGULATION (EEC) No 1171/71 OF THE COUNCIL

of 3 June 1971 on the distillation of the by-products of winemaking

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas, in the present situation, it is preferable to provide that that contribution should be a fixed amount rather than an amount which takes into Having regard to the Treaty establishing the European Economic Community ; . account the actual losses of the intervention agencies ; whereas that fixed amount should take account of the prices at which intervention agencies actually buy Having regard to Council Regulation (EEC) No in and sell that alcohol, but whereas, pending normal 816/701 of 28 April 1970 laying down additional wofking of the system, it will be necessary to refer to provisions for the common organisation of the currently ruling prices ; market in wine, as last amended by Regulation (EEC) No 2612/70,2 and in particular Article 24 (2) and (3 ) thereof; Whereas the third subparagraph of Article 24 (2) of Regulation (EEC) No 816/70 provides that the Having regard to the proposal from the Commission ; obligation to distil may be discharged by the production of potable spirits ; whereas the first subparagraph of Article 24 (2) of that Regulation, Whereas the fixing of the price to be paid for alcohol moreover, permits the distillation of wine in the delivered to intervention agencies for the distillation absence- of grape marc or wine lees ; whereas, under of the by-products of winemaking and the these conditions, it is logical to allow the production contribution to be made by the Guarantee Section of of a potable spirit from wine as well as a potable the European Agricultural Guidance and Guarantee spirit from grape marc; Fund to the costs borne by those agencies are both closely linked to the fixing of the guide price ; whereas there should therefore be the same interval and time Whereas the production of potable spirits must release the producer from the obligation to deliver limit for both these operations ; alcohol only in respect of the quantity of alcohol contained in the potable spirit produced; Whereas the intervention agencies designated by Member States must buy in alcohol delivered to them for the distillation of the by-products of winemaking Whereas, in order to prevent potable spirits of at a price at which the producer subject to the mediocre quality from being produced, it is obligation to distil is not placed at a disadvantage in necessary, in the absence of any Community criteria relation to the producer who is not subject to that on the subject, to provide that the potable spirits obligation ; produced should conform to national provisions in force ; whereas, to ensure that these are observed, Whereas, in the absence of any organised market in provision should be made for inspection ; ethyl alcohol at Community level, the intervention agencies responsible for marketing that alcohol risk Whereas, for the 1970/71 wine-growing year, the having to resell it at a price lower than the buying-in Member States in which an obligatory system for the price ; whereas it is necessary to provide that, in such distillation of the by-products of winemaking was in cases, the difference between the buying-in price and force on 31 May 1970 were required by Commission the selling price of that alcohol can be met by the Regulation (EEC) No 1633/703 of 11 August 1970 on Guarantee Section of the European Agricultural the provisional suspension of the application of Guidance and Guarantee Fund, provided that the Article 24 of Regulation (EEC) No 816/70, as contribution does not exceed the difference ; amended by Regulation (EEC) No 2230/70,4 to

1 OJ No L 99, 5.5.1970, p. 1 . 3 OJ No L 173, 12.8.1970, p. 9. 2 OJ No L 281, 27.12.1970, p. 6. 4 OJ No L 241 , 4.11.1970, p. 15.

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continue to apply for a provisional period the rules Article 2 which they had already laid down; whereas only France is in this position ; whereas the buying-in price 1 . The buying-in price shall be fixed at a level at of the alcohol delivered to the ' Service des alcools' in which the producer distilling his by-products of France was fixed, in application of the above rules, at winemaking, or having them distilled, can be assured 58 5 units of account per hectolitre of pure alcohol of a return comparable to that which he would have for the wine-growing year in question ; whereas that had if he had not been subject to the obligation to price, when set against the price that could obtain for distil . that alcohol under existing national provisions, left the producer with too heavy a burden, which should 2. The buying-in price, fixed per hectolitre of pure be relieved by means of a suitable contribution for alcohol, shall be valid for the Community. It shall that wine-growing year from the Guarantee Section apply to goods, free-at-distillery, loaded into a means of the European Agricultural Guidance and of transport chosen by the intervention agency. Guarantee. Fund ; The actual alcoholic strength of the products obtained from the distillation of the by-products of Whereas the first subparagraph of Article 24 (3 ) winemaking and delivered to the intervention agency of Regulation (EEC) No 816/70 provides that certain may not be less than 52° . production regions may be exempted from the obligation to distil the by-products of winemaking; whereas in Germany and Luxembourg grape marcs Article 3 and wine lees generally contain little alcohol and the costs involved in extracting it would be too high; 1 . The contribution of the Guarantee Section of whereas, under those conditions, provision should be the European Agricultural Guidance and Guarantee made for producers in those regions to be exempted Fund shall be paid only where the buying-in price is from the obligation to distil their grape marcs and greater than the selling price; it shall be at a fixed wine lees, while remaining subject nevertheless to the rate per hectolitre of pure alcohol contained in the provisions of Article 24 ( 1 ) of that Regulation ; products delivered to the intervention agencies . It shall not exceed the difference between the buying-in "Whereas the obligation under the first subparagraph price and the weighted selling price of those of Article 24 (2) is a heavy one for the independent products. producer who makes only a small quantity of wine ; whereas such obligation would involve him in 2. For the wine-growing years preceding the transport costs for his grape marcs and wine lees out establishment of the common organisation of ' the of all proportion to the return which he could expect market in alcohol, that difference shall be determined from the alcohol which might be extracted ; whereas by taking into account normal selling prices for such producers should therefore also be exempted similar products during the previous wine-growing from the obligation to distil but remain subject, year . nevertheless, to the provisions of Article 24 ( 1 ) of that Regulation ; Article 4 Whereas the period of application of this Regulation 1 . For the 1970/71 . wine-growing year, the should be limited so that future developments in this field may be taken into account; buying-in price shall be fixed at 66*25 units of account per hectolitre of pure alcohol.

HAS ADOPTED THIS REGULATION : 2 . By way of derogation from Article 3 , the contribution of the Guarantee Section of the Article 1 European Agricultural Guidance and Guarantee Fund shall be fixed for the same wine-growing year at 7-75 units of account per hectolitre of pure alcohol. , 1 . Subject to the provisions of Article 4, the price to be paid to producers for alcohol delivered to intervention agencies and the contribution by the Article 5 Guarantee Section of the European Agricultural Guidance and Guarantee Fund towards the costs 1 . Producers may, in partial or total discharge of devolving on those agencies shall be fixed annually the obligation laid down in the first subparagraph of before 1 August for the following wine-growing year. Article 24 (2) of Regulation (EEC) No 816/70, produce or have produced potable spirits of grape 2. The price mentioned, in the previous paragraph marc or potable spirits of wine from their own is hereinafter called the 'buying-in price'. products.

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2. The quantity of alcohol, expressed as pure Article 7 alcohol, contained in the potable spirits shall be deducted from the quantity of alcohol which must be Independent producers who do not make more than delivered pursuant to the first subparagraph of 50 hectolitres of wine in any one wine-growing year, Article 24 (2) of Regulation (EEC) No 816/70. shall not be subject to the obligation laid down in the first subparagraph of Article 24 (2) of Regulation 3 . The production of potable spirits may have the ( EEC ) No 816/70 . effect mentioned in paragraph 1 only if:

(a) the quality of the spirit obtained conforms to Article 8 national provisions on the subject; the producer or distiller shall supply proof thereof to the Subject to the provisions of Article 4, the provisions competent agency ; of this Regulation shall apply to the 1971 /72, 1972/73 and 1973 /74 wine-growing years. (b) it is carried out under ' the supervision of the competent authority, the producer and the Before 1 June 1974, the Council, acting in accordance distiller being required to permit that supervision with the voting procedure laid down in Article 43 (2) at any moment during distillation. of the Treaty on a proposal from the Commission, shall adopt provisions for subsequent wine-growing years . Article 6

Article 9 Producers whose vineyards . are situated in wine-growing zone A or in the German part of wine-growing zone B shall not be subject to the This Regulation shall enter into force on the third obligation laid down in the first subparagraph of day following its publication in the Official Journal Article 24 (2) of Regulation ( EEC) No 816/70 . of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Luxembourg, 3 June 1971 .

For the Council The President

R. PLEVEN