31972R1601
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 Whereas provision should be made for a written Regulation (EEC) No 816/70 ; undertaking from producers who waive the exemption provided for in Article 7 ( 1 ) of Regulation Whereas, in order to determine the amount by which (EEC) No 1171 /71 ; the percentage to be applied should be reduced in 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 .
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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 at : growing year the price to be paid for alcohol 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 undertaking for the 1972/73 and 1973 /74 wine-making and special conditions for the 1971/72 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. 10 0 for zone C III. 2 OJ No L 257, 20.11.1971, p. 28 .
754 Official Journal of the European Communities
Article4¶
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