31973R2069

No L 210 / 26 Official Journal of the European Communities 31 . 7 . 73

REGULATION (EEC) No 2069/73 OF THE COMMISSION of 27 July 1973 on detailed rules for applying the obligation to distil the by-products of wine­ making for the 1973/74 wine-growing year and repealing Regulation (EEC) No 1601 / 72

THE COMMISSION OF THE EUROPEAN be taken into account when the reduced percentage is COMMUNITIES, fixed ;

Having regard to the Treaty establishing the European Whereas, among the quality wines psr referred to Economic Community ; above, some may be downgraded at the production stage in accordance with Article 12 (5) of Council Having regard to Council Regulation (EEC) No Regulation (EEC) No 817/70 (5) of 28 April 1970 816/70 ( x ) of 28 April 1970 laying down additional laying down special provisions for quality wines provisions for the common organization of the market produced in specified regions, as last amended by in wine , as last amended by Regulation (EEC) No Regulation (EEC) No 2680/72 ; whereas it is neces­ 2680/72 (2), and in particular Article 24 (4) and Article sary, in respect of these downgraded wines, to apply 35 thereof ; the same percentage as applied to table wines ;

Whereas the quantity of alcohol to be delivered to the intervention agencies, under the obligation to distil Whereas provision should be made for a written the by-products of wine-making, must be fixed in undertaking from producers who waive the exemption accordance with certain procedures ; whereas, in parti­ provided for in Article 7 ( 1 ) of Regulation (EEC) No cular, a standard ratio should be established each wine­ 1171 / 71 ; growing year between the volume of alcohol contained naturally in the products used in the making of wine and the quantity of alcohol to be Whereas, in accordance with the second subparagraph delivered ; whereas for the 1973/74 wine-growing year of Article 24 (2) of Regulation (EEC) No 816/70, the it seems appropriate to fix this ratio as a percentage fixing of the quantities of alcohol to be delivered also corresponding to the maximum provided for in the makes it necessary to determine a minimum natural second subparagraph of Article 24 of Regulation alcoholic strength , calculated at a flat rate, for each of ( EEC) No 816/70 . the wine-growing zones ; whereas , however, pursuant to Article 6 of Regulation ( EEC) No 1171 /71 , Whereas, in order to determine the amount by which producers in some zones are not subject to the obliga­ the percentage to be applied should be reduced in tion in question ; whereas, in the absence of any accordance with Article 7 (2) of Council Regulation precise information on the alcoholic strength of the (EEC) No 1171 /71 (3 ) of 3 June 1971 on the distilla­ wines of the forthcoming wine-growing year, the tion of the by-products of wine-making, as amended strength may be determined on the basis of the by Regulation ( EEC) No 2292/71 (4), as regards the average values recorded in the various wine-growing delivery of marc for the manufacture of oenocyanine, zones concerned in preceding years ; it should be borne in mind that the alcohol contained in marc accounts for a large proportion of the quan­ tity of alcohol which could be delivered ; whereas, in Whereas Council Regulation ( EEC) No 1930/ 73 of 16 these circumstances , the reduced percentage provided July 1 973 (6) laying down for the 1973 / 74 wine­ for in that paragraph should be fixed , for the 1973 /74 growing year the price to be paid for alcohol delivered wine-growing year, at 40 % of the normal percentage ; to intervention agencies under the obligation to distil the by-products of wine-making and the amount of the contribution towards this price by the Guarantee Whereas, in accordance with Article 7 (3) of that Regu­ Section of the European Agricultural Guidance and lation , partial exemption may also be granted to Guarantee Fund fixed the price to be paid by the inter­ producers of same quality wines psr ; whereas, bearing vention agencies for rectified alcohol ; whereas, in the in mind the general desire to see quality improved, absence of a common organization of the market in that option should be used ; whereas the method of alcohol , it could prove difficult to obtain uniform wine-making has a significant influence on the conditions for taking over ; whereas Member States alcohol content of the marc ; whereas this fact should should be empowered to lay down more specific conditions ; (') OJ No L 99 , 5 . 5 . 1970 , p . 1 . (2 ) OJ No L 289 , 27 . 12 . 1972, p . 1 . (3 ) OJ No L 123 , 5 . 6 . 1971 , p . 4 . ( 5 ) OJ No L 99 , 5 . 5 . 1970 , p . 20 . (•») OJ No L 243 , 29 . 10 . 1971 , p . 1 . ") OJ No L 199 , 19 . 7 . 1973 , p . 9 .

31 . 7 . 73 Official Journal of the European Communities No L 210 / 27

Whereas for administrative reasons a final date should Regulation (EEC) No 1171 /71 , shall notify the inter­ be fixed, for the 1973 /74 wine-growing year, for the vention agency in writing of their undertaking to actual delivery of these products to the intervention forgo the exemption referred to in the said paragraph . agencies ; 2. Notification must reach the intervention agency whereas, in order to enable the Commission to obtain before 1 November 1973 . an overall view of the buying-in and selling transac­ Article 3 tions effected by the intervention agencies for the products which are delivered to them under the obliga­ In order to determine the volume of alcohol to be tion to distil the by-products of wine-making, the delivered to the intervention agencies under the obli­ Member States concerned must keep the Commission gation to distil the by-products of wine-making, the regularly informed on this matter ; alcoholic strength to be used for the 1973/74 wine­ growing year shall be : Whereas it is necessary, in order to prevent fraud, for Member States to initiate some kind of supervision ; — 8-5 for zone B,

— 9-0 for zone C I, Whereas Commission Regulation (EEC) No 1601 /72 f 1) of 26 July 1972 laid down detailed rules — 9-5 for zone C II, for applying the obligation to distil the by-products of — 10-0 for zone C III . wine-making and special conditions for the 1972/73 wine-growing year ; whereas, for the sake of clarity, the abovementioned Regulation should be repealed Article 4 and the text should be published with the necessary amendments for the 1973/74 wine-growing year ; As regards the application of Article 1 ( 1 ) of Regula­ tion ( EEC) No 1930/73 , the Member States concerned Whereas the Wine Management Committee did not shall lay down the conditions for the taking-over by express an opinion in the time period granted by its the intervention agencies of the alcohol delivered to Chariman ; them .

HAS ADOPTED THIS REGULATION : Article ">

The alcohol obtained during the 1973/74 wine­ Article 1 growing year under the distillation of the by-products of wine-making shall be delivered to the intervention 1 . For the 1973 / 74 wine-growing year : agencies not later than 1.5 August 1974. (a) The percentage referred to in Article 24 (2) of Regulation (EEC) No 816/70 shall be fixed at Article 6 10 % ; (b) The reduced percentage referred to in Article 7 (2) 1 . Member States shall take any appropriate of Regulation (EEC) No 1171 /71 shall be fixed at measures to ensure proper control and in particular 4% ; that the provisions of Article 24 ( 1 ) of Regulation (c) The reduced percentage referred to in Article 7 (3) (EEC) No 816/70 are complied with . of Regulation (EEC) No 1 171 /71 shall be fixed at : — 8 % for red quality wines psr 2. They shall notify the Commission without delay of the measures taken . — 4 % for white quality wines psr. 3 . They shall communicate to the Commission, 2. Where a quality wine psr is both subject to the without delay, details of the provisions made for the provisions of subparagraph (c) of the preceding para­ application of Article 4 of this Regulation . graph and has been downgraded at the production stage, the percentage used to determine the quantity of alcohol to be delivered to the intervention agencies Article 7 under the obligation to distil the by-products of wine­ making shall be that laid down in paragraph 1 (a). 1 . Member States shall inform the Commission before the 10th of each month of the quantities of Article 2 alcohol delivered to the intervention agencies during the preceding month under the obligation to distil the 1 . Independent producers , affected by the provi­ by-products of wine-making, stating the quantities sions of the second subparagraph of Article 7 ( 1 ) of which have been delivered pursuant to the provisions of Article 7 ( 1 ), ( 2) or (3) of Regulation ( EEC) No (') O J No L 170 , 28 . 7 . 1972, p . I. 1171 / 71 .

No L 210 /28 Official Journal of the European Communities 31 . 7 . 73

2. They shall also inform the Commission before : Article 8 — 1 October 1973 , in respect of the previous wine­ growing year, of the selling prices as well as the Regulation (EEC) No 1601 /72 is repealed. characteristics and quantities of the products sold at these prices . Article 9 — 1 July 1974, for the current wine-growing year, of the provisional selling prices as well as the charac­ teristics and quantities of the products sold at This Regulation shall enter into force on 1 September these prices. 1973 .

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

Done at Brussels, 27 July 1973 .

For the Commission

The President Francois-Xavier ORTOLI