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COMMISSION REGULATION (EC) No 1648/98
of 27 July 1998
fixing the buying-in prices, aids and certain other amounts applicable for the
1998/99 wine year to intervention measures in the wine sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the EuropeanCommunity,
Having regard to the Act of Accession of Austria, Finland
and Sweden, and in particular Article 149(1) thereof,
Having regard to Council Regulation (EEC) No 822/87 of
16 March 1987 on the common organisation of themarket in wine (
1), as last amended by Regulation (EC)
No 2087/97 (2), and in particular Articles 35(8), 36(6),
38(5), 41(10), 44, 45(9) and 46(5) thereof,
Whereas Article 4 of Commission Regulation (EC) No
3299/94 of 21 December 1994 on transitional measuresapplicable in Austria in the wine-growing sector (
3), as
amended by Regulation (EC) No 670/95 (4), provides for
Title III of Regulation (EEC) No 822/87 to apply in itsentirety in Austria from the 1995/96 wine year; whereas,however, Austria should, in the interests of administrativeclarity, be considered to form part of the wine-growingzone B provided for in Annex IV to Regulation (EEC)No 822/87;
Whereas Council Regulation (EC) No 1628/98 (
5) fixes the
guide prices for wine for the 1998/99 wine year; whereasthe prices, aids and other amounts for the various inter-vention measures to be adopted for that wine year shouldaccordingly be fixed on that basis;
Whereas this Regulation applies to Austria and Portugal;
whereas, however, since wine-growing zones have notbeen delimited in those countries, the oenological prac-tices authorized in accordance with the rules laid downunder Title II of Regulation (EEC) No 822/87 should bedefined for the 1998/99 wine year pending the adoptionof definitive rules;
Whereas, since enrichment is an exceptional practice, the
same reduction in the buying-in price for wine providedfor in Article 44 of Regulation (EEC) No 822/87 and laiddown in Annex VIII should be applied as in wine-growing zone C; whereas, in the light of experience the
derogations in force for ‘vinho verde’ should be extended;
Whereas the aid for the use in wine-making of concen-
trated grape must and rectified concentrated grape mustas provided for in Article 45(1) of Regulation (EEC)No 822/87 must be fixed taking into account the dif-ference between the cost of enrichment achieved usingconcentrated grape must and using sucrose; whereas, inthe light of the data available to the Commission, theamount of the aid should be varied with the product usedfor enrichment;
Whereas distillers may, in accordance with Articles 35(6)
and 36(4) of Regulation (EEC) No 822/87, either receiveaid for the product to be distilled or deliver the productobtained from distillation to the intervention agency;whereas the amount of the aid must be fixed on the basisof the criteria laid down in Article 16 of Council Regula-tion (EEC) No 2046/89 (
6), as last amended by Regulation
(EC) No 2468/96 (7);
Whereas the price of wine to be distilled under Articles
38 and 41 of Regulation (EEC) No 822/87 does notnormally allow the marketing at market prices of productsobtained from distillation; whereas provision must there-fore be made for aid, the amount of which is to be fixedon the basis of the criteria laid down in Article 8 of Regu-lation (EEC) No 2046/89, account also being taken of thepresent uncertainty of prices on the market for distillationproducts;
Whereas some wine delivered for one of the distillation
operations may be processed into wine fortified for distil-lation; whereas the amounts applicable to distillation inaccordance with the rules laid down in Article 26 ofRegulation (EEC) No 2046/89 should be adjustedaccordingly;
Whereas experience gained in sales by invitation to
tender of alcohol held by intervention agencies shows thatthe difference between prices which may be obtained forneutral spirits and raw alcohol does not justify the take-over of the former; whereas, moreover, quantities ofneutral spirits currently available are sufficient to satisfy,
(1) OJ L 84, 27. 3. 1987, p. 1.
(2) OJ L 292, 25. 10. 1997, p. 1.
(3) OJ L 341, 30. 12. 1994, p. 37.
(4) OJ L 70, 30. 3. 1995, p. 1.
(5) See page 10 of this Official Journal.(6) OJ L 202, 14. 7. 1989, p. 14.
(7) OJ L 335, 24. 12. 1996, p. 7.
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at least for one wine year, any demand for that product;
whereas under these circumstances the possibilityprovided for in Articles 35, 36 and 39 of Regulation (EEC)No 822/87 should be used by producing for the buying inof all alcohol at the price for raw alcohol;
Whereas Article 4 of Commission Regulation (EEC) No
3105/88 (
1), as last amended by Regulation (EC)
No 194/98 (2), laying down detailed rules for the applica-
tion of compulsory distillation as provided for in Articles35 and 36 of Regulation (EEC) No 822/87 sets a standardnatural alcohol strength by volume to be applied in thevarious wine-growing zones for the purpose of determin-ing the volume of alcohol to be delivered for distillationunder Article 35 of Regulation (EEC) No 822/87; whereasit has not been possible to fix this standard natural alco-holic strength in Portugal because the wine-growingzones in that country have not yet been delimited;whereas, therefore, a provisional standard natural alcoholstrength should be fixed;
Whereas Article 46(3) of Regulation (EEC) No 822/87 lays
down criteria for fixing the aid provided for in thatArticle; whereas, as regards the aid for the use of grapes,grape must and concentrated grape must for the manufac-ture of grape juice, paragraph 4 of that Article stipulatesthat a part of the aid should be set aside for the organisa-tion of campaigns to promote the consumption of grapejuice; whereas the aid may be increased to that end;whereas, having regard to the criteria laid down and of theneed to finance those campaigns, the aid should be fixedat a level permitting sufficient quantities to be obtainedfor the effective promotion of the product;
Whereas the reduction in the buying-in price for wine
provided for in Article 44 of Regulation (EEC) No 822/87depends on the average increase in the natural alcoholicstrength in each wine-growing zone; whereas experienceshows that that increase corresponds on average to halfthe maximum increase authorized; whereas the reductionin the buying-in price must accordingly correspond to theadded alcoholic strength as a percentage of the alcoholicstrength of wine delivered for distillation;
Whereas Commission Regulation (EEC) No 3800/81 of
16 December 1981 determining the classification of vinevarieties (
3), as last amended by Regulation (EC)
No 1231/98 (4), establishes the list of vine varieties recom-
mended and authorized in Portugal; whereas, in assessingthe production of wine in Portugal, reference should bemade to those vine varieties;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the ManagementCommittee for Wine,HAS ADOPTED THIS REGULATION:
Article 1
This Regulation fixes the buying-in prices, the aids and
certain other amounts applicable for the 1998/99 wineyear to intervention measures in the wine sector in theCommunity. As regards the measures provided for inArticles 38 and 41 of Regulation (EEC) No 822/87, thoseamounts shall be fixed subject to a subsequent decisionon the activating of those measures.
Article 2
1. The buying-in prices of the products and of wine
delivered during the 1998/99 wine year for compulsorydistillation as provided for in Articles 35 and 36 of Regu-lation (EEC) No 822/87 and, for those products:
— aid to distillers,
— aid to fortifiers of wine of distillation,— the buying-in prices of alcohol obtained, delivered to
an intervention agency,
— the contribution from the European Agricultural
Guidance and Guarantee Fund towards the takingover of that alcohol,
shall be as set out in Annexes I and II hereto.
2. In accordance with the second subparagraph of
Article 35(6), the second subparagraph of Article 36(4) andthe second subparagraph of Article 39(7), the interventionagency shall pay the raw alcohol price for the alcoholdelivered to it.
Article 3
The buying-in prices for wine delivered during the
1998/99 wine year for voluntary distillation as providedfor in Articles 38 and 41 of Regulation (EEC) No 822/87and, for those products:
— aid to distillers,
— aid to fortifiers of wine for distillation,
shall be as set out respectively in Annexes III and IV.
Article 4
The aid for utilization during the 1998/99 wine year of
concentrated grape must and rectified concentrated grapemust as provided for in Article 45(1) and in the firstsubparagraph of Article 46(1) of Regulation (EEC)No 822/87 shall be as set out respectively in Annexes V,VI and VII hereto.
(1) OJ L 277, 8. 10. 1988, p. 21.
(2) OJ L 20, 27. 1. 1998, p. 19.
(3) OJ L 381, 31. 12. 1981, p. 1.
(4) OJ L 168, 13. 6. 1998, p. 24.
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Article 5
The reductions provided for in Article 44 of Regulation
(EEC) No 822/87 applicable to the buying-in prices forwine delivered during the 1998/99 wine year for distilla-tion as provided for in Article 36, 38, 39 or 41 of thatRegulation and, for that wine:
— to the aid to the distiller,
— to the buying-in prices of alcohol obtained, delivered
to an intervention agency,
— to the contribution from the European Agricultural
Guidance and Guarantee Fund to the taking over ofthat alcohol,
shall be as set out in Annex VIII hereto.For the purposes of this Article, Portugal shall be con-
sidered to form part of wine-growing zone C, and Austriaof wine-growing zone B.
Article 6
For the application of the rules governing oenological
practices and processes laid down in Title II of Regulation(EEC) No 822/87, Austria shall be considered to form partof wine-growing zone B for the 1998/99 wine year.
Article 7
1. The rules governing oenological practices and
processes laid down in Title II of Regulation (EEC)No 822/87 shall apply to Portugal during the 1998/99wine year subject to the following conditions:
(a) increase in alcoholic strength shall be limited to 2 %
vol. Products eligible under this measure shall have anatural alcoholic strength by volume of at least 7,5 %vol, before enrichment and total alcoholic strength byvolume of not more than 13 % after enrichment.However, products upstream of table wine originating
in the ‘Vinho verde’ region must have an alcoholicstrength by volume of at least 7 % before enrichment.
The addition of concentrated grape must or rectified
concentrated grape must shall not have the effect ofincreasing the initial volume of fresh crushed grapes,grape must, grape must in fermentation or new winestill in fermentation by more than 6,5 %;
(b) fresh grapes, grape must, grape must in fermentation,
new wine still in fermentation and wine may be thesubject of acidification or deacidification.
2. The wine varieties which may be used to produce
table wine shall be those listed in the Annex to Regula-tion (EEC) No 3800/81.
‘Vinho verde’ may:
— be marketed with a minimum total alcoholic strength
by volume of 8,5 % for wines which have not beensubject to enrichment,
— possess a total context of sulphine dioxide no greater
than 300 milligrams per litre for white ‘Vinho verde’wines with a residual sugar content not less than 5 g/l.
3. The quantity of alcohol which producers of table
wine in Portugal must deliver for distillation in accord-ance with Article 35 of Regulation (EEC) No 822/87 shallbe calculated on the basis of a standard natural alcoholicstrength, to be taken into consideration for the assessmentof the volume of alcohol contained in the wine produced,equal to 9 % by volume, with the exception of winesproduced in the delimited ‘Vinho verde’ region, for whichthe alcoholic strength to be taken into consideration shallbe 8,5 %.
Article 8
This Regulation shall enter into force on 1 September
1998.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 27 July 1998.
For the Commission
Franz FISCHLER
Member of the Commission
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ANNEX I
DISTILLATION AS PROVIDED FOR IN ARTICLE 35 OF REGULATION (EEC) No 822/87
1998/99 WINE YEAR
(ECU/% vol/hl)
1. Buying-in price to be paid to the producer by the distiller 0,9902
2. Aid:
(a) for distillation:
1. neutral spirits:
— flat-rate 0,6279
— of marc 0,8453
— of wine and lees 0,4106
2. spirits distilled from marc 0,3985
3. spirits distilled from wine 0,2777
4. raw spirits:
— flat-rate 0,4951
— of marc 0,7124
— of wine and lees 0,2777
(b) for the fortification of wine for distillation 0,2657
3. Prices of raw spirits delivered (1):
— flat-rate 1,654
— spirits distilled from marc 1,872
— spirits distilled from wine and lees 1,437
4. EAGGF contribution for spirits (2) 0,4951
(1) If the distiller has received the aid under 2, these prices are to be reduced by an amount equal to the aid (third subpara-
graph of Article 18(2) of Regulation (EEC) No 2046/89).
(2) For quantities of alcohol delivered to the intervention agency in respect of which aid has been paid to the distiller, this
contribution is to be reduced by the amount of the flat-rate aid paid.
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ANNEX II
DISTILLATION AS PROVIDED FOR IN ARTICLE 36 OF REGULATION (EEC) No 822/87
1998/99 WINE YEAR
(ECU/% vol/hl)
1. Buying-in price to be paid to the producer by the distiller 1,340
2. Aid:
(a) for distillation:
1. neutral spirits 0,7728
2. spirits distilled from wine and raw spirits 0,6401
(b) for the fortification of wine for distillation 0,6158
3. Prices of raw spirits delivered (1) 1,799
4. EAGGF contribution for spirits (2) 0,6401
(1) If the distiller has received the aid under 2, these prices are to be reduced by an amount equal to the aid (third subpara-
graph of Article 18(2) of Regulation (EEC) No 2046/89).
(2) For quantities of alcohol delivered to the intervention agency in respect of which aid has been paid to the distiller, this
contribution is to be reduced by the amount of the flat-rate aid paid.
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ANNEX III
DISTILLATION AS PROVIDED FOR IN ARTICLE 38 OF REGULATION (EEC) No 822/87
1998/99 WINE YEAR
(ECU/% vol/hl)
1. Buying-in price to be paid to the producer by the distiller:
— type A I ,RIa n dRI I(1) 2,487
— type A II 5,385
— type A III 6,146
— type R III 3,852
2. Aid:
(a) for distillation:
1. neutral spirits:
— type A I , R I and R II 1,884
— type A II 4,818
— type A III 5,603
— type R III 3,272
2. spirits distilled from wine and raw spirits:
— type A I , R I and R II 1,751
— type A II 4,685
— type A III 5,470
— type R III 3,140
(b) for the fortification of wine for distillation:
— type A I , R I and R II 1,715
— type A II 4,613
— type A III 5,373
— type R III 3,079
(1) And table wine in a close economic relationship with these types of table wine, or wines suitable for yielding table wine.
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ANNEX IV
DISTILLATION AS PROVIDED FOR IN ARTICLE 41 OF REGULATION (EEC) No 822/87
1998/99 WINE YEAR
(ECU/% vol/hl)
1. Buying-in price to be paid to the producer by the distiller:
— type A I, R I and R II (1) 3,140
— type A II 6,798
— type A III 7,752
— type R III 4,854
2. Aid:
(a) for distillation:
1. neutral spirits:
— type A I, R I and R II 2,548
— type A II 6,255
— type A III 7,233
— type R III 4,287
2. spirits distilled from wine and raw spirits:
— type A I , R I and R II 2,415
— type A II 6,122
— type A III 7,100
— type R III 4,154
(b) for the fortification of wine for distillation:
— type A I, R I and R II 2,367
— type A II 6,025
— type A III 6,979
— type R III 4,081
(1) And table wine in a close economic relationship with these types of table wine.
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ANNEX V
AID FOR THE USE IN WINE-MAKING OF CONCENTRATED GRAPE MUST AND
RECTIFIED CONCENTRATED GRAPE MUST (ARTICLE 45(1) OF REGULATION (EEC)
No 822/87)
1998/99 WINE YEAR
(ECU/% vol/hl)
Amount of the aid:
(a) concentrated grape must:
— wine-growing zones C III(a) and C III(b) 1,699
— others, including Portugal 1,446
(b) rectified concentrated grape must:
— wine-growing zones C III(a) and C III(b) 2,206
— others, if production commenced before 30 June 1982 (EUR 10) or before 1 January
1986 (Spain) 2,206
— others, including Portugal 1,953
ANNEX VI
AID FOR THE USE OF GRAPE MUST AND CONCENTRATED GRAPE MUST FOR THE
PURPOSE OF MANUFACTURING CERTAIN PRODUCTS IN THE UNITED KINGDOMAND IN IRELAND (SECOND AND THIRD INDENTS OF ARTICLE 46(1) OF REGULATION
(EEC) No 822/87)
1998/99 WINE YEAR
(ECU/kg)
Flat-rate amount of the aid:
1. Products referred to in the second indent of Article 46(1) of Regulation (EEC) No 822/87 0,2379
2. Products referred to in the third indent of Article 46(1) of Regulation (EEC) No 822/87 0,3103
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ANNEX VII
AID FOR THE USE OF GRAPES, GRAPE MUST AND CONCENTRATED GRAPE MUST FOR
THE PURPOSE OF MANUFACTURING GRAPE JUICE (FIRST INDENT OF ARTICLE 46(1)
OF REGULATION (EEC) No 822/87)
1998/99 WINE YEAR
(ECU)
Flat-rate amount of the aid:
(a) grapes (per 100 kg) 6,603
(b) grape must (per hl) 8,257
(c) concentrated grape must (per hl) 28,873
Percentage of the amount of the aid withheld for the financing of the
promotion campaign 25
ANNEX VIII
REDUCTION IN THE BUYING-IN PRICE OF WINE AS PROVIDED FOR IN ARTICLE 44 OF
REGULATION (EEC) No 822/87
1998/99 WINE YEAR
(ECU/% vol/hl)
Zone A Zone BZone C
and Portugal
0,3623 0,3019 0,1811