31975R2115

No L 215 / 14 Official Journal of the European Communities 13 . 8 . 75

REGULATION ( EEC) No 2115 / 75 OF THE COMMISSION

of 12 August 1975

laying down in respect of the 1975 /76 wine-growing year detailed rules for applying the obligation to distil the by-products of wine-making and repealing Regulation ( EEC) No 2179/ 74

THE COMMISSION OF THE EUROPEAN Whereas, pursuant to Article 12(5) of Council Regula­ COMMUNITIES , tion ( EEC) No 81 7/70 (4 ) of 28 April 1970 laying down special provisions relating to quality wines produced in specified regions, as last amended by Having regard to the Treaty establishing the European Regulation ( EEC) No 2894/74 (5 ), the quality wines Economic Community ; psr referred to above may be downgraded at the production stage ; whereas in respect of these down­ graded wines the same rate should be applied as is Having regard to Council Regulation ( EEC) No applied to table wines ; 8 1 6/70 ( ') of 28 April 1970 laying down additional provisions for the common organization of the market in wine , as last amended by Regulation ( EEC) No 678 /75 (-'), and in particular Articles 24 (4) and 35 thereof ; Whereas a written undertaking should be required from producers who forego the exemption provided for in Article 7(1 ) of Regulation ( EEC) No 1877/74 ; Whereas the quantity of alcohol to be delivered to the intervention agencies in pursuance of the obligation to distil the by-products of wine-making must be fixed in accordance with certain detailed rules ; Whereas , it follows from the second subparagraph of whereas , in particular, a fixed ratio has to be esta­ Article 24(2) of Regulation ( EEC) No 816/ 70 , that, blished each wine-growing year between the volume when fixing the quantities of alcohol to be delivered a of alcohol contained naturally in the products used for standard natural minimum alcoholic strength should the production of the wine and the quantity of also be laid down for each wine-growing zone ; alcohol to be delivered ; whereas the ratio for the whereas, however, pursuant to Article 6 of Regulation wine-growing year 1975 /76 should be fixed at the ( EEC) No 1877 / 74 producers in certain zones are not maximum percentage provided for in the second subject to the obligation in question ; whereas , in the subparagraph of Article 24 (2) of Regulation ( EEC) absence of any precise information on the alcoholic No 816/ 70 ; strength of the wines of the forthcoming wine­ growing year, such strength may be determined on the basis of the average values recorded in the various Whereas , when determining the reduced rate appli­ wine-growing zones concerned in preceding years and cable in accordance with Article 7 ( 2) of Council Regu­ of any improvement in quality ; lation ( EEC) No 1 877/ 74 ( 3 ) of 15 July 1974 on the distillation of the by-products of wine-making in the case of marc delivered for the manufacture of oenocya­ nine, it should be borne in mind that the alcohol Whereas Council Regulation ( EEC) No 1891 /75 (fo) of contained in marc accounts for a large proposition of the quantity of alcohol which could be delivered ; 22 July 1975 laying down for the wine-growing year whereas in these circumstances the reduced rate 1975 / 76 the price to be paid for alcohol delivered to intervention agencies under the obligation to distil the provided for in that paragraph should be fixed for the wine-growing year 1975/76 at 40% of the normal by-products of wine-making and the maximum rate ; amount of the contribution towards this price by the Guarantee Section of the European Agricultural Guid­ ance and Guarantee Fund fixed the price to be paid Whereas under Article 7 ( 3 ) of that Regulation partial by the intervention agencies for rectified alcohol ; exemption may also be granted to producers of certain whereas in the absence of a common organization of quality wines psr ; whereas the method of wine­ the market in alcohol it would be difficult to making employed has a significant influence on the harmonize the conditions for the taking over of that alcohol content of the marc ; whereas this fact should alcohol ; whereas the Member States should therefore be taken into account when the reduced rate is fixed ; be empowered to lay down precise conditions ;

(') OJ No L 99 , 5 . 5 . 1970 , p . 1 . H OJ No L 99 , 5 . 5 . 1970 , p . 20 . (-') O') No L 72, 20 . 3 . 1975, p. 43 . (5 ) O'l No L 310, 21 . 11 . 1974, p . 7. (■') O'l No L 198 , 20 . 7 . 1974, p. 3 . (h) O'l No L 193 , 25 . 7 . 1975, p. 2.

13 . 8 . 75 No L 215/ 15 Official Journal of the European Communities

Whereas for administrative reasons a final date should determine the quantity of alcohol to be delivered to be fixed in respect of the wine-growing year 1975/76 the intervention agencies in pursuance of the obliga­ for delivery to the intervention agencies of the tion to distil the by-products of wine-making shall be products concerned ; that specified in paragraph 1 (a).

Whereas, in the interests of improving the quality of wine , all marcs and lees should be distilled ; whereas Article 2 to achieve this result provision should be made to prevent the distillation of wine during the first part of 1 . Isolated producers who intend pursuant to the the wine-growing year ; second subparagraph of Article 7(1 ) of Regulation ( EEC) No 1877/ 74 to forego the exemption provided Whereas provision should be made for rules to for in the first subparagraph thereof shall send to their prevent any misuse of products intended for distilla­ local intervention agency a written undertaking to tion in furtherance of the obligation to distil the forego such exemption . by-products of wine-making, if the process is to take place in another Member State ; whereas a suitable 2. Such undertaking must reach the intervention system should therefore be set up ; agencies before 1 December 1975 .

Whereas , in order to enable the Commission to obtain Article 3 an overall view as regards compliance with the obliga­ tion to distil the by-products of wine-making, the The alcoholic strengths to be taken as a basis for the Member States concerned must keep it regularly purpose of determining the volume of alcohol to be informed both of the amounts bought-in and sold by delivered to the intervention agencies in pursuance of the intervention agencies in pursuance of this obliga­ the obligation to distil the by-products of wine­ tion and of the quantities of potable spirits of grape making shall for the 1975/76 wine-growing year be as marc or of wine produced in pursuance thereof ; follows : Whereas it is necessary, in order to prevent fraud, for — 9-0 for Zone B , Member States to carry out some kind of supervision ; — 9-5 for Zone C I , — 10 0 for Zone C II , Whereas Commission Regulation ( EEC) No — 1 0-5 for Zone C III . 2179 / 74 (') of 20 August 1974 laid d6wn detailed rules for applying the obligation to distil the by-products of wine-making and special conditions for the wine­ Article 4 growing year 1974/ 75 ; whereas for the sake of clarity that Regulation should be repealed and its text For the purposes of Article 1 ( 1 ) of Regulation ( EEC) republished with the necessary amendments for the No 1891 / 75 the Member States concerned shall lay wine-growing year 1975/76 ; down the conditions for the taking-over by the inter­ vention agencies of the alcohol delivered to them . Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ ment Committee for Wine, Article 5

Alcohol obtained during the wine-growing year HAS ADOPTED THIS REGULATION : 1975/ 76 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 1976 . Article 1

1 . For the wine-growing year 1975 / 76 : Article 6

(a ) the percentage referred to in Article 24 ( 2) of Regu­ 1 . Member States shall take all appropriate lation ( EEC) No 816 / 70 shall be 10 % ; measures by way of supervision procedures , and in (b ) the reduced rate referred to in Article 7 ( 2) of Regu­ particular they shall ensure that the provisions of lation ( EEC) No 1877/ 74 shall be 4 % ; Article 24(1 ) of Regulation ( EEC) No 816/ 70 are (c ) the reduced rate referred to in Article 7 (3 ) of Regu­ complied with . lation ( EEC ) No 1877/ 74 shall be 6% for white quality wines psr . 2 . They shall notify the Commission as soon as possible of the measures taken . 2 . Where a quality wine psr comes within subpara­ graph (c) of the preceding paragraph but is down­ 3 . They shall communicate to the Commission as graded at the production stage , the percentage used to soon as possible details of the provisions taken by them in implementation of Article 4 of this Regula­ tion . (') O ) No I. 230 , 21 . X. 1 974, p. 13 .

No L 215 / 16 Official Journal of the European Communities 13 . 8 . 75

Article 7 — the quantities of alcohol delivered to the interven­ tion agencies in pursuance of the obligation to If in furtherance of the obligation to distil the distil the by-products of wine-making, giving by-products of wine-making, a quantity of wine has to separate figures for the quantities delivered be distilled in order to fulfil the obligation to deliver a pursuant to each of paragraph 1 , 2 and 3 of Article quantity of alcohol corresponding to a certain propor­ 7 of Regulation ( EEC) No 1877 / 74 ; tion of the volume of alcohol contained naturally in the products used for the production of the wine , this — the quantities of potable spirits of grape marc or of operation may only be carried out between 1 April wine produced pursuant to Article 5(1 ) of Regula­ 1976 and 16 August 1976 . tion ( EEC) No 1877/74, together with the amounts of alcohol contained in those products . Article 8 2. In respect of alcohol , they shall also inform the 1 . If a producer in one Member State , who is Commission : f subject to the obligation to distil the said by-products, intends to distil the products in question in another — before 1 October 1975 in respect of the previous Member State , the discharge of his obligation shall be wine-growing year, of the selling prices obtained certified by the intervention agency of the Member and of the characteristics and quantities of the State where the distillation takes place . products sold at those prices ; 2. The certification referred to in paragraph 1 shall — before 1 July 1976 in respect of the current wine­ be entered in section 23 of the accompanying docu­ growing year, of the provisional selling prices and ment sent with the products to be distilled . The certifi­ of the characteristics and quantities of the cation shall state the quantity and strength of the products sold at those prices . alcohol obtained from the products referred to in sections 10 to 16 of the accompanying document. The certification shall be sent to the producer not later than 15 August of the year in question . Article 10

3 . Supervision of the distillation operation referred to in paragraph 1 shall be the responsibility of the Regulation ( EEC) No 2179 / 74 is hereby repealed . Member State in which it takes place .

Article9¶

I . Member States shall inform the Commission before the 20th of each month , in respect of the This Regulation shall enter into force on 1 September preceding month , of : 1 975 .

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

Done at Brussels , 1 2 August 1 975 .

For the Commission

P.J. LARDINOIS

Member of the Commission