# COMMISSION REGULATION (EC) No 1175/2007

of 8 October 2007

derogating from Regulation (EC) No 1623/2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms

## Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine [^1] , and in particular Article 33 thereof,

Whereas:

**(1)** Under Article 27(3) of Council Regulation (EC) No 1493/1999 any natural or legal person or group of persons having made wine is required to deliver for distillation all the by-products of that winemaking.

**(2)** Commission Regulation (EC) No 1623/2000 [^2] lays down detailed rules for the implementation of this obligation to distil and Article 49 thereof provides for certain possible exemptions.

**(3)** Despite the measures already established by Hungary, it appears that the distilleries in this Member State do not have sufficient capacity to distil all by-products. Hungary should therefore be authorised to exempt certain categories of producers from the obligation to distil by-products of winemaking.

**(4)** In order that the exception granted to Hungary may be applied to the entire wine year, this Regulation should apply from 1 August 2007.

**(5)** The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for wines,

HAS ADOPTED THIS REGULATION:

## **Article 1**

By way of exemption from Article 49(4)(a) of Regulation (EC) No 1623/2000, Hungary may lay down that, for the 2007/2008 marketing year, producers who do not exceed a production level of 500 hl obtained by them on their individual premises may fulfil the obligation to deliver by-products for distillation by having those products withdrawn under supervision.

## **Article 2**

This Regulation shall enter into force on the day of its publication in the *Official Journal of the European Union* .

It shall apply from 1 August 2007.

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 8 October 2007. *For the Commission* Mariann FISCHER BOEL *Member of the Commission*

[^1] [OJ L 179, 14.7.1999, p. 1](http://publications.europa.eu/resource/oj/JOL_1999_179_R_TOC) . Regulation as last amended by Regulation (EC) No 1791/2006 ( [OJ L 363, 20.12.2006, p. 1](http://publications.europa.eu/resource/oj/JOL_2006_363_R_TOC) ).

[^2] [OJ L 194, 31.7.2000, p. 45](http://publications.europa.eu/resource/oj/JOL_2000_194_R_TOC) . Regulation as last amended by Regulation (EC) No 923/2007 ( [OJ L 201, 2.8.2007, p. 9](http://publications.europa.eu/resource/oj/JOL_2007_201_R_TOC) ).

[^1]: . Regulation as last amended by Regulation (EC) No 1791/2006 ().
[^2]: . Regulation as last amended by Regulation (EC) No 923/2007 ().