31974R2179
21 . 8 . 74 Official Journal of the European Communities No L 230/ 13
REGULATION ( EEC) No 2179/74 OF THE COMMISSION
of 20 August 1974
laying down in respect of the 1974/75 wine-growing year detailed rules for applying the obligation to distil the by-products of wine-making and repealing Regulation (EEC) No 2069/73
THE COMMISSION OF THE EUROPEAN down special provisions for quality wines produced in COMMUNITIES, specified regions, as last amended by Regulation (EEC) No 2680/72 (5), quality wines psr as referred to Having regard to the Treaty establishing the European above may be downgraded at the production stage ; Economic Community ; whereas in respect of these downgraded wines the same percentage should be applied as is applied to Having regard to Council Regulation ( EEC) No table wines ; 816/70 (') of 28 April 1970 laying down additional provisions for the common organization of the market in wine, as last amended by Regulation (EEC) No Whereas a written undertaking should be required 1 532/74 (2), and in particular Articles 24 (4) and 35 from producers who forego the exemption provided thereof ; for in Article 7 ( 1 ) of Regulation (EEC) No 1877/74 ;
Whereas the quantity of alcohol to be delivered to the Whereas it follows from the second subparagraph of intervention agencies in pursuance of the obligation Article 24 (2) of Regulation (EEC) No 816/70 that to distil the by-products of wine-making must be fixed in accordance with certain detailed rules ; when fixing the quantities of alcohol to be delivered it is necessary also to specify a standard minimum whereas, in particular, a standard ratio has to be esta natural alcoholic strength for each of the wine blished each wine-growing year between the volume growing zones ; whereas, however, pursuant to Article of alcohol contained naturally in the products used in 6 of Regulation (EEC) No 1877/74 producers in the making of wine and the quantity of alcohol to be certain zones are not subject to the obligation in ques delivered ; whereas for the 1974/75 wine-growing year tion ; whereas, in the absence of any precise informa it seems appropriate to fix this ratio as a percentage tion on the alcoholic strength of the wines of the corresponding to the maximum provided for in the forthcoming wine-growing year, such strength may be second subparagraph of Article 24 (2) of Regulation determined on the basis of the average values recorded ( EEC) No 816/70 ; in the various wine-growing zones concerned in Whereas, in determining the amount by which the preceding years ; percentage to be applied should, in accordance with Article 7 (2) of Council Regulation (EEC) No Whereas Council Regulation (EEC) No 1 878 /74 (6) of 1 877/74 (3) of 15 July 1974 on the distillation of the 15 July 1974 laying down for the 1974/75 wine by-products of wine-making, be reduced in the case of growing year the price to be paid for alcohol delivered marc delivered for the manufacture of oenocyanine, it to intervention agencies under the obligation to distil should be borne in mind that the alcohol contained the by-products of wine-making and the maximum in marc accounts for a large proportion of the quan amount of the contribution towards this price by the tity of alcohol which could be delivered ; whereas in Guarantee Section of the European Agricultural Guid these circumstances the reduced percentage provided ance and Guarantee Fund fixed the price to be paid for in that paragraph should be fixed for the 1974/75 by the intervention agencies for rectified alcohol ; wine-growing year at 40 % of the normal percentage ; whereas in the absence of a common organization of the market in alcohol , it would be difficult to Whereas under Article 7 (3) of that Regulation partial harmonize the conditions for the taking over of that exemption may also be granted to producers of certain alcohol ; whereas the Member States should therefore quality wines psr ; whereas in view of the general be empowered to lay down precise conditions ; desire to see quality improved, that option should be used ; whereas the method of wine-making employed has a significant influence on the alcohol content of Whereas for administrative reasons a final date should the marc ; whereas this fact should be taken into be fixed in respect of the 1974/75 wine-growing year account when the reduced percentage is fixed ; for delivery to the intervention agencies of the products concerned ; Whereas, pursuant to Article 12 (5) of Council Regula tion (EEC) No 8 1 7/70 (4) of 28 April 1970 laying Whereas, in order to enable the Commission to obtain an overall view as regards compliance with the obliga (•) OJ No L 99, 5 . 5. 1970, p. 1 . (2) OJ No L 166, 21 . 6 . 1974, p. 1 . (3) OJ No L 198 , 20 . 7. 1974, p. 3 . (5) OJ No L 289 , 27. 12. 1972, p. 1 . (4) OJ No L 99 , 5 . 5 . 1970, p. 20 . (b) OJ No L 198 , 20 . 7 . 1974, p. 6 .
No L 230/ 14 Official Journal of the European Communities 21 . 8 . 74
tion to distil the by-products of wine-making, the delivered to the intervention agencies in pursuance of Member States concerned must keep it regularly the obligation to distil the by-products of wine informed both of the amounts bought-in and sold by making shall for the 1974/75 wine-growing year be as the intervention agencies in pursuance of this obliga follows : tion and of the quantities of potable spirits of grape — 8-5 for zone B, marc or of wine produced in pursuance thereof ; — 9 0 for zone C I , Whereas it is necessary, in order to prevent fraud, for — 9-5 for zone C II , — 10 0 for zone C III . Member States to carry out some kind of supervision ;
Whereas Commission Regulation (EEC) No Article 4 2069/73 of 27 July 1973 laid down detailed rules for applying the obligation to distil the by-products of For the purposes of Article 1 ( 1 ) of Regulation (EEC) wine-making and special conditions for the 1973/74 No 1878/74, the Member States concerned shall lay wine-growing year ; whereas for the sake of clarity that down the conditions for the taking-over by the inter Regulation should be repealed and its text vention agencies of the alcohol delivered to them . re-published with the necessary amendments for the 1974/75 wine-growing year ; Article 5 Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage The alcohol obtained during the 1974/75 wine ment Committee for Wine, growing year as a result of the distillation of the by-products of wine-making shall be delivered to the intervention agencies not later than 15 August 1975 . HAS ADOPTED THIS REGULATION :
Article6¶
1 . For the 1974/75 wine-growing year : 1 . Member States shall take all appropriate measures by way of supervision procedures, and in (a) the percentage referred to in Article 24 (2) of Regu particular they shall ensure that the provisions of lation (EEC) No 816/70 shall be 10 % ; Article 24 ( 1 ) of Regulation (EEC) No 816/70 are (b) the reduced rate referred to in Article 7 (2) of Regu complied with. lation (EEC) No 1877/74 shall be 4 % ; 2. They shall notify the Commission as soon as (c) the reduced rates referred to in Article 7 (3) of Regulation (EEC) No 1877/74 shall be : possible of the measures taken .
— 8 % for red quality wines psr, 3 . They shall communicate to the Commission as — 4 % for white quality wines psr. soon as possible details of the provisions taken by them in implementation of Article 4 of this Regula 2. Where a quality wine psr comes within subpara tion . graph (c) of the preceding paragraph but is down graded at the production stage, the percentage used to determine the quantity of alcohol to be delivered to Article 7 the intervention agencies in pursuance of the obliga 1 . Member States shall inform the Commission tion to distil the by-products of wine-making shall be that specified in paragraph 1 (a). before the 20th of each month, in respect of the preceding month, of : Article 2 — the quantities of alcohol delivered to the interven 1 . Isolated producers who intend pursuant to the tion agencies in pursuance of the obligation to second subparagraph of Article 7 ( 1 ) of Regulation distil the by-products of wine-making, giving (EEC) No 1 877/74 to forego the exemption provided separate figures for the quantities delivered for in the first subparagraph thereof shall send to their pursuant to each of paragraphs 1 , 2 and 3 of local intervention agency a written undertaking to Article 7 of Regulation (EEC) No 1877/74 ; forego such exemption . — the quantities of potable spirits of grape marc or of 2. Such undertakings must reach the intervention wine produced pursuant to Article 5 ( 1 ) of Regula agencies before 1 November 1974. tion (EEC) No 1877/74, together with the amounts of alcohol contained in those products. Article 3 However, as regards potable spirits the first such infor The alcoholic strengths to be taken as a basis for the mation shall be communicated so as to reach the purpose of determining the volume of alcohol to be Commission on or before 20 January 1975 and shall relate both to the preceding month and to that part of (•) OJ No L 210, 31 . 7. 1973 , p. 26. the wine-growing year so far elapsed .
21 . 8 . 74 Official Journal of the European Communities No L 230/ 15
2. In respect of alcohol, they shall also inform the Article 8 Commission :
— before 1 October 1974 in respect of the previous Regulation (EEC) No 2069/73 is repealed. wine-growing year, of selling prices and of the characteristics and quantities of the products sold at those prices ; Article 9 — before 1 July 1975 in respect of the current wine growing year, of provisional selling prices and of the characteristics and quantities of the products This Regulation shall enter into force on 1 September 1974. sold at those prices.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 20 August 1974.
For the Commission
The President
Francois-Xavier ORTOLI