31976R2051

20 . 8 . 76 No L 228/ 11 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2051 /76 of 19 August 1976 laying down detailed rules for the distillation of the by-products of wine-making in respect of the wine-growing year 1976/77

THE COMMISSION OF THE EUROPEAN Whereas, in order to ensure that the distillation arran­ COMMUNITIES, gements are fully effective, provision should be made for certain time limits on the operations to be carried Having regard to the Treaty establishing the European out by producers and distillers ; whereas it is also advis­ Economic Community, able to specify what constitutes proof in respect of the delivery of marc, lees and wine to distillers, such proof Having regard to Council Regulation (EEC) No to vary according to whether the distiller is established 816/70 of 28 April 1970 laying down additional provi­ in the same Member State as the producer or in some sions for the common organization of the market in other Member State ; wine (*), as last amended by Regulation (EEC) No 11 67/76 (2), and in particular Articles 24 (7) and 35 Whereas certain conditions should be laid down for thereof, the approval of distillers regarding the quality of the final product ; Whereas, for the purpose of determining the quantity of alcohol to be contained in products delivered in pursuance of the obligation to distil the by-products Whereas steps should be taken to ensure that, in the of wine-making, provision must be made, in accor­ event of the supervised withdrawal of the by-products dance with Article 24 (3) of Regulation (EEC) No of wine-making, in accordance with Article 7 of Regu­ 816/70, to fix the percentage which that quantity lation (EEC) No 1930/76, a balance is maintained vismust represent in relation to the volume of alcohol à-vis producers who meet the obligation referred to in naturally contained in the products used for the Article 24 (2) of Regulation (EEC) No 816/70 ; production of wine ; whereas it appears appropriate to fix this percentage for the wine-growing year 1976/77 at the maximum level laid down in the said Article ; Whereas the need to improve the quality of wine whereas, in accordance with Article 9 of Council Regu­ requires that all marc and lees be distilled ; whereas it lation (EEC) No 1930/76 of 27 July 1976 on the distil­ is therefore advisable to prohibit the distillation of lation of the by-products of wine-making (3), wine at the beginning of the wine growing year ; producers who deliver their grape marc for the manu­ facture of oenocyanine are subject to a reduced percen­ tage ; whereas, taking into account the fact that the Whereas the second paragraph of Article 8 of Regula­ alcohol contained in the marcs represents a substan­ tion (EEC) No 1930/76 provides that the exemption tial proportion df the quantity of alcohol to be deliv­ in respect of individual small-scale producers from the ered, the reduced percentage in respect of the wine­ obligation contained in Article 24 (2) of Regulation growing year 1 976/77 should be fixed at 40 % of the (EEC) No 816/70 may be raised to a maximum of 25 normal rate ; hectolitres ; whereas the said maximum is appropriate for this wine-growing year in view of the administra­ Whereas, for the purpose of determining the quantity tive situation in certain Member States ; of alcohol to be contained in the products delivered, it is also necessary to fix, in accordance with Article 24 (3) of Regulation ( EEC) No 816/70, a standard natural Whereas, so that the Commission may keep a general alcoholic strength for each wine-growing year in each watch on compliance with the obligation to distil the wine-growing zone ; whereas, however, by virtue of by-products of wine-making, it is necessary for the Article 24 (5) of Regulation ( EEC) No 816/70, Member States concerned to notify it regularly of the producers in certain zones are not subject to the obli­ quantities delivered to intervention agencies and sold gation in question ; whereas, in the absence of precise by those agencies and of the quantities of grape marc information on the alcoholic strength of wines for the spirit or wine spirit produced in that connection ; whereas the Commission needs also to be informed of coming wine-growing year, this determination may be made by reference to the average strengths recorded the measures taken by the Member States to ensure in the wine-growing zones concerned in previous that the obligations laid down in Article 24 ( 1 ) of wine-growing years, taking into account improve­ Regulation (EEC) No 816/70 are complied within ; ments in quality ; Whereas the measures provided for in this Regulation (') OJ No L 99, 5 . .5 . 1970 , p. 1 . (2 ) OJ No L 135 , 24 . 5 . 1976, p. 42. are in accordance with the opinion of the Manage­ 3 OJ No L 21 1 , 5 . 8 . 1976, p. 1 . ment Committee for Wine,

No L 228 / 12 20 . 8.76 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : in the second subparagraph shall constitute the proof mentioned in Article 1 (2) (a) of Regulation ( EEC) No 1930 / 76 . Article / 3 . The purchase price of the by-products delivered This Regulation lays down rules for applying Article shall be paid by the distiller to the producer within 30 24 of Regulation (EEC) No 816/70 in respect of the days after their delivery by the said producer. wine-growing year 1976/77. 4. The delivery of alcohol to the intervention agen­ Article 2 cies in accordance with Article 1 (2) (d) of Regulation ( EEC) No 1930 /76 shall be effected by distillers by 15 August 1977. The percentage referred to in Article 24 (3) of Regula­ tion ( EEC) No 816/70 shall be 10 % .

Article 5 The reduced percentage referred to in Article 9 of Regulation (EEC) No 1930/76 shall be 4 % . Before the 15th of each month distillers shall commu­ nicate the following information to the intervention Article 3 agencies in respect of the previous month :

For the purpose of determining the volume of alcohol — the quantity of alcohol of an alcoholic strength of contained in products delivered for distillation more than 92° obtained from the compulsory pursuant to Article 24 (2) of Regulation ( EEC) No distillation of the by-products of wine-making, 81^/70 in performance of the .obligation to distil the — the quantity and alcoholic strength of potable by-products of wine-making, the alcoholic strength to spirits produced in accordance with Article 5 of be taken into consideration fox the wine-growing year Regulation ( EEC) No 1930/ 76, subdivided into 1976/77 shall be : marc spirit and wine spirit. — 9-0 for Zone B, — 9-5 for Zone C I , — 10-0 for Zone C II , Article 6 — 1 0-5 for Zone C III . 1 . In order to be approved within the meaning of Article 6 of Regulation ( EEC) No 1930 / 76, distillers Article 4 must, except as regards the production of potable spirits under Article 5 of that Regulation, be capable 1 . The delivery pursuant to Article 1 ( 1 ) of Regula­ of producing alcohol with an alcoholic strength of tion ( EEC) No 1930/76 of marc, lees and wine to more than 92° . distillers shall be effected by producers by 15 July 1977. The minimum alcoholic strength of the 2. Approval shall in principle be withdrawn , except products delivered shall be fixed by the Member in case of force majeure or unavoidable accident, if States . the distiller fails to pay the producer the purchase price for the by-products delivered or to fulfil his obli­ 2. On delivery of the products referred to in para­ gations under Community law, and in particular his graph 1 the distiller shall give the producer a certifi­ obligations as regards the forwarding of information . cate stating the quantity and alcoholic strength of the products delivered .

Article 7 By way of derogation from the preceding subpara­ graph, if a producer subject to the obligation referred 1 . In accordance with Article 7 (2) of Regulation to in Article 24 (2) of Regulation ( EEC) No 816/70 has marc, lees, or wine distilled in another Member ( EEC) No 1930/ 76, Member States shall fix : State, the distiller shall request the intervention — the quantity of marc and lees to be withdrawn in agency of the Member State in which distillation takes relation to the quantity of wine produced, place to certify in Section 23 of the document accom­ panying the products for distillation that the distillery — the quantity of alcohol contained in marc and lees has taken the products into its charge . The distiller to be withdrawn in relation to the quantity of wine shall forward to the producer a copy of the certified produced . accompanying document within 30 days following receipt of the products for distillation . 2 . Intervention agencies shall maks p. vision for a suitable system of control in the event of withdrawal , A certificate as referred to in the first subparagraph or such system to include at least the weighing of the a duly certified accompanying document as referred to products withdrawn .

20 . 8 . 76 No L 228 / 13 Official Journal of the European Communities

Article 8 the by-products of wine-making, indicating sepa­ rately quantities delivered under Article 9 of Regu­ The Member States shall inform the Commission lation (EEC) No 1930/76, without delay of the measures taken to ensure that the — the quantities of grape marc spirit or wine spirit provisions of Article 24 ( 1 ) of Regulation (EEC) No produced pursuant to Article 5 ( 1 ) of Regulation 816/70 are complied with . (EEC) No 1930/76, and the quantities of alcohol contained in these products. Article 9 2. They shall also communicate to the Commission Any wine delivered in performance of the obligation in respect of alcohol : under Article 24 (2) of Regulation (EEC) No 816/70, and wine intended for the production of potable — before 1 October 1976 in respect of the wine­ spirits pursuant to Article 5 of Regulation (EEC) No growing year 1975/76, the selling prices obtaining 1930/76, may be distilled only between 1 February throughout the year and the characteristics and and 15 August 1977. quantities of the products sold at those prices, — before 1 July 1977 in respect of the wine-growing Article 10 year 1976/77, the selling prices obtained since 1 September 1976 and the characteristics and quanti­ In accordance with the second paragraph of Article 8 ties of the products sold at those prices, of Regulation (EEC) No 1930/76, it is hereby decided — before 1 October 1977 in respect of the wine­ that individual producers who, during the wine­ growing year 1976/77, do not produce more than 25 growing year 1976/77, the selling prices obtaining hectolitres of wine shall not be subject to the obliga­ throughout the year and the characteristics and quantities of the products sold at those prices. tion laid down in Article 24 (2) of Regulation (EEC) No 816/70 . 3 . Member States shall inform the Commission before 1 July 1977 of any cases in which distillers Article 11 have not fulfilled their obligations and of the measures taken in consequence. 1 . Before the 20th of each month Member States shall inform the Commission in respect of the Article 12 preceding month of : — the quantities of alcohol delivered to intervention This Regulation shall enter into force on 1 September agencies in performance of the obligation to distil 1976 .

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

Done at Brussels, 19 August 1976.

For the Commission

P.J. LARDINOIS Member of the Commission