31976R1930

5 . 8 . 76 Official Journal of the European Communities No L 211 / 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC) No 1930 / 76 of 20 July 1976 on the distillation of the by-products of wine-making

THE COUNCIL OF THE EUROPEAN of the European Agricultural Guidance and Guarantee COMMUNITIES , Fund, provided that the contribution does not exceed the difference ; Having regard to the Treaty establishing the European Economic Community, Whereas the fixing of the buying-in price for products subject to compulsory distillation , the buying-in price Having regard to Council Regulation (EEC) No for alcohol and the maximum amount of the contribu­ 816/70 of 28 April 1970 laying down additional provi­ tion from the Guarantee Section of the European Agri­ sions for the common organization of the market in cultural Guidance and Guarantee Fund towards the wine ('), as last amended by Regulation (EEC) No expenditure incurred by the intervention agencies is 11 67/76 (2), and in particular Article 24 (2) and (6) closely linked to the fixing of the guide price ; thereof, whereas the same timetable and the same deadlines should therefore be adopted for such operations ; Having regard to the proposal from the Commission ,

Whereas it is necessary to determine the conditions Whereas the provisions concerning the financing of under which producers must fulfil the obligation laid intervention laid down in Council Regulation (EEC) down in Article 24 (2) of Regulation (EEC) No No 729/70 of 21 April 1970 on the financing of the 816/70 ; whereas the obligations of the distillers must common agricultural policy (3 ), as last amended by also be laid down ; Regulation (EEC) No 2788/72 (4), should be extended to apply also to the distillation of the by-products of Whereas, account being taken of the value of the wine-making ; by-products, the price to be paid to the producers for the alcohol contained in the products subject to Whereas , in accordance with the first indent of Article compulsory distillation must be lower than the price 24 (4) of Regulation ( EEC) No 816/70 , the producer applicable in respect of the distillation provided for in may free himself of the obligation to distil by Articles 24a and 24b of Regulation ( EEC) No 816/70 ; producing potable spirits ; whereas paragraph 2 of the same Article requires the distillation of wine in the Whereas the fixing of a price to be paid by the absence of grape marc or wine lees ; whereas , in these distiller to the producer for the products subject to circumstances, it is logical to permit, where this compulsory distillation means that the intervention option is exercised, the production of both potable agencies must buy in the vinous alcohol resulting spirits of wine and potable spirits other than potable from this distillation at a price which takes into spirits of wine ; whereas, however, it should be account the costs of processing the products in ques­ ensured that potable spirits of wine are not produced tion ; by using the by-products of wine-making for the purposes prohibited in Article 24 ( 1 ) of Regulation Whereas , in the absence of an organized Community ( EEC) No 816/70 ; market in ethyl alcohol , the intervention agencies responsible for marketing such alcohol may be obliged to resell it at a price lower than the buying-in Whereas the production of potable spirits must free price ; whereas provision should be made in such an the producer from the obligation to deliver alcohol event for the difference between the buying-in price only in respect of the quantity of alcohol contained in and the selling price for that alcohol to be borne, the by-products or in the wine which are used to within a maximum amount, by the Guarantee Section obtain the potable spirits ;

(!) OJ No L 99, 5 . 5 . 1970, p . 1 . (3 ) OJ No L 94, 28 . 4. 1970 , p . 13 . (2) OJ No L 135, 24 . 5. 1976, p . 42 . (") OJ No L 295, 30 . 12 . 1972, p . 1 .

No L 211 /2 Official Journal of the European Communities 5 . 8 . 76

Whereas, in order to avoid the production of poor­ (b) to pay the producer at least the price referred to in quality potable spirits, it should be laid down, in the Article 2 ; absence of Community criteria in this matter, that the (c) to process into alcohol the products delivered to potable spirits produced must comply with the him ; national provisions in force ; whereas, in order to (d) to deliver the alcohol to the intervention agencies ensure that these provisions are complied with, provi­ designated by the Member States. The actual alco­ sion should be made for supervision ; holic strength of the alcohol may not be less than Whereas, in accordance with the second indent of 92° . Article 24 (4) of Regulation (EEC) No 816/70, the producer may free himself from the obligation to 3 . The intervention agencies shall pay to the distil by withdrawing, under supervision, the distillers for the alcohol delivered the price referred to in Article 3 . by-products which he has obtained from wine­ making ; whereas that possibility is justified by the fact that marc and lees can be kept only in large quan­ Article 2 tities and under certain technical conditions and by the fact that the transport costs could therefore be The price to be paid by the distiller to the producer, disproportionate for producers situated at a consider­ according to alcohol content, for marc, lees and, able distance from the distilleries ; where applicable , wines delivered for distillation , hereinafter Called 'the buying-in price for wine deliver­ Whereas the obligation to distil represents a consider­ able constraint for the isolated producer who makes eries', shall be fixed each year per degree/hi of alcohol before 1 August for the following wine-growing year. only a small quantity of wine ; whereas, as a result of It may not be lower than 30 % of the guide price for that obligation, he would incur transport costs for his table wine of Type A I applicable with effect from the grape marc and wine lees which would be out of all following 16 December nor higher than 40 % of this proportion to the return which he could hope to obtain on the alcohol distilled therefrom ; whereas price . such producers should therefore be exempted from the obligation to distil ; whereas provision should be Article 3 made for extending this exemption under conditions to be determined ; 1 . The price to be paid by the intervention agen­ cies to the distiller, hereinafter called 'the price of the Whereas producers who deliver their grape marc for alcohol from wine deliveries', shall be fixed annually the manufacture of oenocyanine generally supply non­ by the Council , acting by a qualified majority on a fermented grape marc ; whereas the treatment which proposal from the Commission , at the same time and such marc undergoes for the extraction of oenocya­ nine makes it unsuitable for fermentation and distilla­ for the same wine-growing year as the buying-in price for wine deliveries . tion thereafter ; whereas those producers should there­ fore be exempted in proportion to their production of 2. The price of the alcohol from wine deliveries grape marc ; whereas this exemption cannot be calcu­ shall be fixed on the basis of : lated exactly ; whereas, this being the case , it is prefer­ able to provide for a fixed reduction in th? general — the cost of distillation , rate ; — the cost of transport, Whereas supervision of the fulfilment of the obliga­ — technical losses . tion specified in Article 24 (2) of Regulation (EEC) No 816/70 requires obligations to be imposed on distillers It may be differentiated according to whether marc, also ; whereas, in order to ensure that those obliga­ lees or wine is distilled in order to take into account, tions are fulfilled, distillers should be subject to a where necessary, the differing costs and losses. system of approval, 3 . The price of the alcohol from wine deliveries shall be fixed per degree/hi of alcohol . It shall apply HAS ADOPTED THIS REGULATION : to unpacked goods delivered free at the warehouse of the intervention agency. Article 1 1 . The person subject to the obligation laid down Article 4 in Article 24 (2) of Regulation ( EEC) No 816/70 , 1 . The maximum amount of the contribution from hereinafter called 'the producer', shall fulfil his obliga­ the Guarantee Section of the EAGGF towards the tions by delivering marc, lees and, where applicable, wines to an approved distiller free at distillery. expenditure incurred by the intervention agencies shall be fixed annually, at the same time and for the 2 . The distiller shall be required : same wine-growing year as the buying-in price for (a) to furnish the producer with proof that the latter wine deliveries . This amount shall be fixed per has delivered the products concerned ; degree/hi of alcohol .

5 . 8 . 76 Official Journal of the European Communities No L 211 /3

2. The contribution from the Guarantee Section of 5. The production of potable spirits may have the the EAGGF shall be paid, up to the maximum effect mentioned in paragraph 1 only if : amount referred to in paragraph 1 , only where, during (a) the quality of the potable spirits obtained satisfies a given budgetary year, the overall expenditure of an the national provisions on the subject ; the distiller intervention agency on the buying-in of alcohol obtained by the distillation provided for in Article 24 shall supply proof thereof to the competent agency ; of Regulation (EEC) No 816/70 is greater than the income from the sale of such alcohol . (b) it is carried out under the supervision of the competent agency ; the distiller shall be required If the difference referred to in the first subparagraph to permit such supervision at any time during is less than the maximum amount multiplied by the distillation . number of hectolitres of alcohol sold expressed as pure alcohol, the contribution shall be equal to that difference . Article 6

3. Articles 4 and 5 of Regulation (EEC) No 729/70 For the purposes of this Regualtion an approved shall apply to the EAGGF contribution referred to in distiller means a distiller included on a list to be this Article . compiled by the competent authorities of the Member States. Under the conditions to be laid down as part of Article 5 the implementing arrangements, approval may be withdrawn by these authorities from distillers who do 1 . The producer shall be totally or partially freed not fulfil their obligations under this Regulation . from the obligation laid down in Article 24 (2) of Regulation (EEC) No 816/70 if an approved distiller Article 7 manufactures from that producer's own products :

— potable spirits obtained directly from grape marc, 1 . Producers shall be freed from the obligation laid wine lees or both those products, down in Article 24 (2) of Regulation (EEC) No 816/70 if the by-products of wine-making are withdrawn — and, failing this, potable spirits obtained directly under supervision . from wine . 2. For each administrative unit in which the wine 2. The quantity and the quality of marc and lees withdrawn must be in a ratio, to be determined by the production is traditionally intended for processing Member States, with the quantity of wine produced in into potable spirits of wine, Member States shall respect of which the obligation to distil the marc and determine what minimum percentage of potable lees is not fulfilled . spirits (other than potable spirits of wine) must be produced where the option provided for in paragraph 1 is exercised . 3 . Only those producers whose vineyards are situ­ ated in wine-growing areas where distillation repre­ That percentage shall correspond to the average quan­ sents a disproportionate financial burden may exercise tity of alcohol contained in the marc and lees the option referred to in paragraph 1 . The list of the produced in the administrative unit concerned . regions concerned shall be drawn up by the compte­ tent authorities of the Member States . 3. The quantity of alcohol, expressed as pure alcohol, contained in the by-products of wine-making, Article 8 or in the wine, which are used for the production of potable spirits pursuant to paragraph 1 shall be deducted from the quantity of alcohol which is The obligation laid down in Article 24 (2) of Regula­ required to be delivered pursuant to Article 24 (2) of tion (EEC) No 816/70 shall not apply to isolated Regulation (EEC) No 816/70 . producers who, during the wine-growing year in ques­ tion , do not make more than 10 hectolitres of wine . 4. Where the option provided for in paragraph 1 is exercised, the distiller shall be required : However, it may be decided that the exemption contained in the preceding paragraph shall apply, (a) to furnish the producer with proof that the latter under conditions to be determined, to isolated has delivered the products concerned ; producers who, during the wine-growing year in ques­ (b) to pay the producer at least the price referred to in tion , make between 10 and 25 hectolitres of wine . Article 2 ; (c) to inform the intervention agency of the total quantity of potable spirits produced in accordance Article 9 with this Article, broken down into potable spirits of wine or potable spirits other than potable spirits Producers who deliver their marc for the manufacture of wine . of oenocyanine shall be paid a reduced rate.

No L 211 /4 Official Journal of the European Communities 5 . 8 . 76

Article10¶

Council Regulation (EEC) No 1877/74 of 15 July 1974 on the distillation of the by-products of wine- This Regulation shall enter into force on 1 September making ( J), is hereby repealed. 1976.

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

Done at Brussels, 20 July 1976.

For the Council

The President

A. P. L. M. M van der STEE

(!) OJ No L 198 , 20 . 7. 1974, p . 3 .