# CE2004070EN.01003101.xml

| 20.3.2004 | EN | Official Journal of the European Union | CE 70/31 |
| --- | --- | --- | --- |

20.3.2004

EN

Official Journal of the European Union

CE 70/31

---

(2004/C 70 E/034)

WRITTEN QUESTION E-0897/03

by Hedwig Keppelhoff-Wiechert (PPE-DE) to the Commission

(21 March 2003)

Subject:   Proposal for a Council regulation on the common organisation of the market in ethyl alcohol of agricultural origin (COM(2001) 101 final — C5-0095/01) in particular, measures for the agricultural alcohol market/Article 10

Subject:

In Germany it is usually family farms which run corn distilleries producing agricultural alcohol. The Commission now intends to destroy these traditional agricultural production methods with the above proposal for a regulation. This agricultural activity will suddenly and without good reason be transformed into an industry.

A distinction must be made between the terms ‘ethyl alcohol’ and ‘spirits’. Distillates should only be classed as ‘spirits’ when they are ready for use. Coarse and fine corn distillates are agricultural and not commercial products.

Why does the above proposal for a regulation not distinguish between coarse and fine corn distillates on the one hand and the finished product corn schnapps on the other?

Answer given by Mr Fischler on behalf of the Commission

(20 June 2003)

(20 June 2003)

The Article 10 to which the Honourable Member refers provides for the application of rules on national aid in the alcohol sector in accordance with Article 34 of the Treaty. The Commission is fully aware of the German production structure's specific situation and a compromise solution on that article was found in order to enable that system to operate during a ten-year transitional period. The Council therefore adopted the Regulation (1) with the agreement of all delegations except Italy.

1

The Commission is of the opinion that, since distillates possess all the characteristics of spirit drinks, they are to be classified as such even if they are not yet ready for direct human consumption. By contrast, distillates which are used to make ethyl alcohol of agricultural origin are to be regarded as products falling under Annex I to the EC Treaty. Korn is a spirit drink defined and protected in Community legislation (2). There is nothing in the definition of that drink to suggest that this distillate, like the distillate of any other spirit drink covered by that legislation (such as whisky or wine spirits) may be regarded as an agricultural product which would become a spirit drink (ready for human consumption) and therefore a non-agricultural product. The product which is distilled in accordance with the rules laid down in the definitions contained in the above Regulation and which is obtained from the distillation process is to be regarded as a spirit drink and marketed as such.

2

---

(1)  Council Regulation (EC) No 670/2003 of 8 April 2003 laying down specific measures concerning the market in ethyl alcohol of agricultural origin, OJ L 97, 15.4.2003.

1

(2)  Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks, OJ L 160, 12.6.1989.

2

---