31977R1804

No L 198 / 16 5 . 8 . 77 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1804/77

of 4 August 1977

laying down, in respect of the wine-growing year 1977/78 , detailed rules for the distillation of the by-products of wine-making

THE COMMISSION OF THE EUROPEAN gation in question ; whereas, in the absence of precise COMMUNITIES, information on the alcoholic strength of wines for the coming wine-growing year, this determination may be Having regard to the Treaty establishing the European made by reference to the average strengths recorded Economic Community, in the wine-growing zones concerned in previous wine-growing years, taking into account improve­ Having regard to Council Regulation (EEC) No ments in quality ; 816/70 of 28 April 1970 laying down additional provi­ sions for the common organization of the market in Whereas, in order to ensure that the distillation arran­ wine (*), as last amended by Regulation (EEC) No gements are fully effective, provision should be made 1 679/76 (2), and in particular Articles 4 (3) (a), 24 (7) for certain time limits on the operations to be carried and 35 thereof, out by producers and distillers ; whereas it is also advis­ able to specify what constitutes proof in respect of the Whereas, for the purpose of determining the quantity delivery of marc, lees and wine to distillers, such proof of alcohol to be contained in products delivered in to vary according to whether the distiller is established pursuance of the obligation to distil the by-products in the same Member State as the producer or in some of wine-making, provision must be made, in accor­ other Member State ; dance with Article 24 (3) of Regulation (EEC) No 816/70, to fix the percentage which that quantity must represent in relation to the volume of alcohol Whereas certain conditions should be laid down for naturally contained in the products used for the the approval of distillers regarding the quality of the production of wine ; whereas it appears appropriate to final product ; fix this percentage for the wine-growing year 1977/78 at the maximum level laid down in the said Article ; whereas, in accordance with Article 9 of Council Regu­ Whereas steps should be taken to ensure that, in the lation (EEC) No 1930/76 of 20 July 1976 on the distil­ event of the supervised withdrawal of the by-products lation of the by-products of wine-making (3), as of wine-making, in accordance with Article 7 of Regu­ amended by Regulation (EEC) No 1 676/77 (4), lation ( EEC) No 1930/76, a balance is maintained vis­ producers who deliver their grape marc for the manu­ à-vis producers who meet the obligation referred to in facture of oenocyanine are subject to a reduced percen­ Article 24 (2) of Regulation (EEC) No 816/70 ; tage ; whereas, taking into account the fact that the alcohol contained in the marcs represents a substan­ tial proportion of the quantity of alcohol to be deliv­ Whereas the need to improve the quality of wine ered, the reduced percentage in respect of the wine­ requires that all marc and lees be distilled ; whereas it growing year 1977/78 should be fixed at 50 % of the is therefore advisable to prohibit the distillation of normal rate ; whereas pursuant to the second para­ wine at the beginning of the wine growing year ; graph of the said Article, producers of white quality wines psr are subject to a reduced rate ; whereas experi­ Whereas the second paragraph of Article 8 of Regula­ ence in the 1976/77 wine-growing year suggests that this rate should be fixed at 50 % of the normal tion (EEC) No 1930/76 provides that the exemption in respect of individual small-scale producers from the percentage for the 1977/78 wine-growing year ; obligation contained in Article 24 (2) of Regulation (EEC) No 816/70 may be raised to a maximum of Whereas, for the purpose of determining the quantity 25 hectolitres ; whereas the said maximum is appro­ of alcohol to be contained in the products delivered, it priate for this wine-growing year in view of the admi­ is also necessary to fix, in accordance with Article 24 nistrative situation in certain Member States ; (3) of Regulation (EEC) No 816/70, a standard natural ' alcoholic strength for each wine-growing year in each wine-growing zone ; whereas, however, by virtue of Whereas, so that the Commission may keep a general Article 24 (5) of Regulation (EEC) No 816/70, watch on compliance with the obligation to distil the producers in certain zones are not subject to the obli­ by-products of wine-making, it is necessary for the Member States concerned to notify it regularly of the (') OJ No L 99, 5. 5. 1970, p. 1 . quantities delivered to intervention agencies and sold (2) OJ No L 187, 27 . 7 . 1977, p. 15 . (3) OJ No L 211 , 5. 8 . 1976, p. 1 . by those agencies and of the quantities of grape marc (<) OJ No L 187, 27. 7. 1977, p. 5. spirit or wine spirit produced in that connection ;

5 . 8 . 77 No L 198 / 17 Official Journal of the European Communities

whereas the Commission needs also to be informed of cate stating the quantity and alcoholic strength of the the measures taken by the Member States to ensure products delivered. that the obligations laid down in Article 24 ( 1 ) of Regulation (EEC) No 816/70 are complied within ; By way of derogation from the preceding subpara­ graph, if a producer subject to the obligation referred Whereas Article 4a of Regulation (EEC) No 816/70 to in Article 24 (2) of Regulation (EEC) No 816/70 has provides that only producers fulfilling the obligations marc, lees, or wine distilled in another Member State, laid down in Article 24 of that Regulation during a the distiller shall request the intervention agency of reference period to be determined may benefit from the Member State in which distillation takes place to the intervention measures ; whereas it is therefore certify in Sections 23 of the document accompanying necessary to fix this period ; the products for distillation that the distillery has

taken the products into its charge. The distiller shall Whereas the measures provided for in this Regulation forward to the producer a copy of the certified accom­ are in accordance with the opinion of the Manage­ panying document within 30 days following receipt of ment Committee for Wine, the products for distillation .

A certificate as referred to in the first subparagraph or HAS ADOPTED THIS REGULATION : a duly certified accompanying document as referred to in the second subparagraph shall constitute the proof Article 1 mentioned in Article 1 (2) (a) of Regulation (EEC) No 1930/76. This Regulation lays down rules for the application of Article 24 of Regulation (EEC) No 8 1 6/70 in respect 3 . The purchase price of the by-products delivered of the wine-growing year 1977/78 . shall be paid by the distiller to the producer within 30 days after their delivery by the said producer. Article 2 4. The delivery of alcohol to the intervention agen­ The percentage referred to in Article 24 (3) of Regula­ cies in accordance with Article 1 (2) (d) of Regulation tion (EEC) No 816/70 shall be 10 % . (EEC) No 1930/76 shall be effected by distillers by 15 August 1978 . The reduced rate referred to in the first paragraph of Article 9 of Regulation (EEC) No 1930/76 shall be 5% . Article 5 The reduced rate referred to in the second paragraph Before the 1 5th of each month distillers shall commu­ of Article 9 of Regulation (EEC) No 1930/76 shall be 5% . nicate the following information to the intervention agencies in respect of the previous month :

Article 3 — the quantity of alcohol of an alcoholic strength of more than 92° obtained from the compulsory For the purpose of determining the volume of alcohol distillation of the by-products of wine-making, contained in products delivered for distillation pursuant to Article 24 (2) of Regulation (EEC) No — the quantity and alcoholic strength of potable 816/70 in performance of the obligation to distil the spirits produced in accordance with Article 5 of by-products of wine-making, the alcoholic strength to Regulation (EEC) No 1930/76, subdivided into be taken into consideration for the wine-growing year marc spirit and wine spirit. 1977/78 shall be :

— 9-0 for Zone B, Article 6 — 9-5 for Zone C I, — 10 0 for Zone C II, — 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 must, except as regards the production of potable Article 4 spirits under Article 5 of that Regulation, be capable of producing alcohol with an alcoholic strength of 1 . The delivery pursuant to Article 1 ( 1 ) of Regula­ more than 92° . tion (EEC) No 1930/76 of marc, lees and wine to distillers shall be effected by producers by 1 5 July 2. Approval shall in principle be withdrawn, except 1978 . The minimum alcoholic strength of the in case of force majeure or unavoidable accident, if products delivered shall be fixed by the Member 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 .

No L 198 / 18 5 . 8 . 77 Official Journal of the European Communities

Article 7 — the quantities of alcohol delivered to intervention agencies in performance of the obligation to distil 1 . In accordance with Article 7 (2) of Regulation the by-products of wine-making, indicating sepa­ (EEC) No 1930/76, Member States shall fix : rately quantities delivered under Article 9 of Regu­ — the quantity of marc and lees to be withdrawn in lation (EEC) No 1930/76, relation to the quantity of wine produced, — the quantities of grape marc spirit or wine spirit — the quantity of alcohol contained in marc and lees produced pursuant to Article 5 ( 1 ) of Regulation to be withdrawn in relation to the quantity of wine (EEC) No 1930/76, and the quantities of alcohol produced. contained in these products.

2. Intervention agencies shall make provision for a 2. They shall also communicate to the Commission suitable system of control in the event of withdrawal, in respect of alcohol : such system to include at least the weighing of the products withdrawn . — before 1 October 1977 in respect of the wine­ growing year 1976/77, the selling prices obtaining Article 8 throughout the year and the characteristics and The Member States shall inform the Commission quantities of the products sold at those prices,

without delay of the measures taken to ensure that the — before 1 July 1978 in respect of the wine-growing provisions of Article 24 ( 1 ) of Regulation (EEC) No year 1977/78, the selling prices obtained since 1 816/70 are complied with. September 1 977 and the characteristics and quanti­ ties of the products sold at those prices, Article 9 — before 1 October 1978 in respect of the wine­ Any wine delivered in performance of the obligation growing year 1977/78, the selling prices obtaining under Article 24 (2) of Regulation (EEC) No 816/70, throughout the year and the characteristics and and wine intended for the production of potable quantities of the products sold at those prices. spirits pursuant to Article 5 of Regulation (EEC) No 1930/76, may be distilled only between 1 February 3 . Member States shall inform the Commission and 15 August 1978 . before 1 July 1978 of any cases in which distillers have not fulfilled their obligations and of the Article 10 measures taken in consequence.

In accordance with the second paragraph of Article 8 of Regulation (EEC) No 1930/76, it is hereby decided Article 12 that individual producers who, during the wine­ growing year 1977/78, do not produce more than 25 The reference period referred to in Article 4a ( 1 ) of hectolitres of wine shall not be subject to the obliga­ Regulation (EEC) No 816/70 shall extend from tion laid down in Article 24 (2) of Regulation (EEC) No 816/70 . 1 September 1976 to 31 August 1977.

Article 11 Article 13 1 . Before the 20th of each month Member States shall inform the Commission in respect of the This Regulation shall enter into force on 1 September 1977 . preceding month of :

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

Done at Brussels, 4 August 1977.

For the Commission

Finn GUNDELACH

Vice-President