31971R2292

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 should be exempt pro rata for their production of Having regard to Council Regulation (EEC) No grape marcs ; whereas an exact calculation is not 816/701 of 28 April 1970 laying down additional possible ; whereas, therefore, provision should be provisions for the common organisation of the made for a fixed reduction in the general rate ; market in wine, as last amended by Regulation (EEC) 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 The following text shall be substituted for the text of producers who are not exempt; whereas in order to Article 7 of Regulation (EEC) No 1171 /71 :prevent deliveries of alcohol to the intervention 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.

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 day following its publication in the Official Journal 3 . Producers of certain quality wines p.s.r. may 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