31975R3219

11 . 12 . 75 Official Journal of the European Communities No L 320/ 1

I

(Acts whose publication is obligatory)

REGULATION ( EEC) No 3219/ 75 OF THE COUNCIL of 9 December 1975 amending Regulation (EEC) No 1877/74 on the distillation of the by-products of wine making

THE COUNCIL OF THE EUROPEAN — potable spirits of grape marcs, directly from COMMUNITIES , grape marcs and/or wine lees,

Having regard to the Treaty establishing the European — and, failing this, potable spirits of wine, Economic Community ; directly from wine . Having regard to Council Regulation (EEC) No 8 1 6/70 ( ! ) of 28 April 1970 laying down additional provisions for the common organization of the market 2 . Member States shall establish , for all adminis­ in wine , as last amended by Regulation (EEC) No trative units whose wine production is traditionally 1 932/75 (2), and in particular Article 24 (3) thereof ; intended for processing into potable spirits, a minimum percentage of potable spirits of marcs Having regard to the proposal from the Commission ; which must be produced when recourse is had to the option referred to in paragraph 1 . Whereas Article 5 ( 1 ) of Council Regulation ( EEC) No 1 877/74 (3) of 15 July 1974 on the distillation of the by-products of wine making, lays down that producers may, in partial or total discharge of the obligation to This percentage must correspond to the average distil , produce or have produced potable spirits of quantity of alcohol contained in the marcs and grape marcs or potable spirits of wine from their own lees from the administrative unit in question . products ; whereas in the light of experience gained the conditions on which potable spirits can be produced should be defined ;

Whereas Member States should be empowered to take 3 . A producer may avail himself of the option the specific measures necessary for those administra­ referred to in paragraph 1 only if he informs the tive units whose wine production is traditionally intervention agency of the amounts produced, intended for processing into potable spirits, broken down into potable spirits of marcs and potable spirits of wine .

HAS ADOPTED THIS REGULATION : 4 . The quantity of alcohol , expressed as pure A rticle 1 alcohol, contained in the potable spirits shall be deducted from the quantity of alcohol which must Article 5 of Regulation (EEC) No 1877/74 shall be be delivered pursuant to the first subparagraph of replaced by the following : Article 24 (2) of Regulation (EEC) No 816/70 .

Article 5 1 . Producers can , in partial or total discharge of 5 . The production of potable spirits may have the obligation to distil , produce or have produced the effect mentioned in paragraph 1 only if : from their own products :

(') OJ No L 99 , 5 . 5 . 1970 , p. 1 . (2 ) OJ No L 198 , 29 . 7. 1975, p. 19 . (a) the quality of the potable spirit obtained (3 ) OJ No L 198 , 20 . 7 . 1974, p. 3 . conforms to national provisions on the

No L 320/2 Official Journal of the European Communities 11 . 12 . 75

Article 2 subject ; the producer or distiller shall supply proof thereof to the competent agency ; (b) it is carried out under the supervision of the competent agency ; the producer and the This Regulation shall enter into force on the day distiller are required to permit such supervi­ following its publication in the Official Journal of sion at any moment during distillation .' the European Communities.

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

Done at Brussels, 9 December 1975 .

For the Council

The President

M. RUMOR