5. 3. 84 Official Journal of the European Communities No C 62/29 
Article 2 It shall apply from 1 September 1984. 
This Regulation shall enter into force on the third 
day following its publication in the Official Journal 
of the European Communities. This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
Proposal for a Council Regulation amending Regulation (EEC) No 337/79 on the 
common organization of the market in wine 
(84/C 62/30) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the Euro­
pean Economic Community, and in particular 
Article 43, thereof, 
Having regard to the proposal from the Commis­
sion, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas experience has shown that the ratio 
between the guide price and the activating price 
referred to in Articles 2 and 3 respectively of Coun­
cil Regulation (EEC) No 337/79 ('), as last 
amended by Regulation (EEC) No 1595/83 (2), has 
remained fairly steady from one year to another; 
whereas the buying-in price for wine delivered for 
the various distillation operations is a percentage of 
the guide price fixed by the Council, and whereas, 
therefore, instead of activating prices being fixed 
annually, an appropriate constant ratio between the 
two prices should be laid down; 
Whereas the second subparagraph of Article 11 (2) 
of Regulation (EEC) No 337/79 lays down that the 
buying-in price for wine delivered for preventive 
distillation as provided for in that Article is to be 
raised from 60 to 65 % of the guide price where com­
pulsory distillation as referred to in Article 41 has 
not been decided upon; whereas the last two wine 
years have shown that the uncertainty as to whether 
distillation as referred to in Article 41 would be 
decided upon has tended to deter producers from 
(') OJNoL54, 5. 3. 1979, p. 1. (2) OJ No L 163, 22. 6. 1983, p. 48. concluding contracts for delivery into preventive 
distillation, thus jeopardizing the market; whereas 
these measures must be kept separate if they are to 
fulfil their purpose of improving the market situa­
tion; whereas the buying-in price for wines 
delivered for preventive distillation should be fixed 
at 65 % of the guide price, in order that the measure 
should possess the desired incentive effect; 
Whereas in years where there is a surplus the results 
achieved by preventive distillation play a major role 
in establishing balance on the market at the begin­
ning of the marketing year; whereas steps should be 
taken to ensure that all the quantities of wine cov­
ered by delivery contracts are distilled; whereas 
therefore, where high-price distillation as referred to 
in Article 15 of Regulation (EEC) No 337/79 is 
decided upon, provision should be made for restrict­
ing it to producers who have concluded contracts or 
made declarations of delivery for preventive distilla­
tion; 
Whereas the fourth subparagraph of Article 17 (1) of 
Regulation (EEC) No 337/79 lays down that, where 
wines are presented in containers of two litres or 
less, the reference price is to be increased; whereas 
in order for this measure to achieve its purpose the 
price should also be increased where the wine is pre­
sented in containers of somewhat more than two 
litres; whereas provisions should also be made for 
altering the reference price for those regions of the 
Community whose distance involves additional 
costs in bringing Community wines to the same 
marketing stage as imported wine; 
Whereas, in order to make it possible to assess the 
yield per hectare of each wine producer, as laid 
down in Article 41 (3) of Regulation (EEC) No 
337/79, even where the producer makes the wine 
from grapes which he has bought in, producers of 
grapes for vinification should also be required to 
submit the annual harvest declaration; 
No C 62/30 Official Journal of the European Communities 5.3.84 
Whereas the present table grape production poten­
tial exceeds requirements and the ban on new plant­
ing should therefore be extended to all vines; 
whereas the exception made to the ban for areas for 
the production of quality wines produced in speci­
fied regions should be restricted to wines for which, 
by virtue of their specific quality, likely demand is 
much higher than potential supply; 
Whereas, in order not to penalize producers growing 
varieties which are authorized temporarily, the time 
limit for eliminating these varieties should be 
changed; 
Whereas experience shows that in certain zones of 
production the acidification of wine is often a 
necessity; whereas, moreover, as additional acidifi­
cation pursuant to Article 34 (2) of Regulation 
(EEC) No 337/79 has to be carried out rapidly 
during the harvest, responsibility for the decision to 
have recourse to it should be transferred to the 
Member States, subject to the provisions of the said 
Regulation; 
Whereas technical developments in the treatment of 
lees have enabled certain problems of cellarage 
techniques to be resolved and now provide condi­
tions responding better to health requirements; 
whereas the new techniques may be authorized, 
since in any case compulsory distillation under 
Article 39 of Regulation (EEC) No 337/79 concerns 
only a very small volume, and this ensures that the 
measure will have the intended effect; 
Whereas experience over recent years has shown 
that the by-products of wine making must meet cer­
tain minimum requirements if they are to be eco­
nomically useable in the distilling industry; whereas 
these minimum requirements should be laid down; 
whereas that will enable the definitions of grape 
marc and wine lees to be simplified; 
Whereas, in order to avoid difficulties of interpre­
tation, the procedures for laying down rules dispos­
ing of alcohol referred to in Article 40a of Regula­
tion (EEC) No 337/79 should be set out more pre­
cisely; whereas the sectors to which alcohol may be 
disposed of should also be more closely defined; 
Whereas experience shows that it is necessary to 
define more precisely the factors concerning the 
volume of availabilities on the basis of which com­
pulsory distillation as referred to in Article 41 of 
Regulation (EEC) No 337/79 is decided upon or 
not, and the factors on the basis of which the quan­
tities to be distilled are calculated; Whereas certain wines having characteristics differ­
ent from Community wines may be of value in mak­
ing sparkling wines; whereas, however, there should 
be an exhaustive list of the grape varieties and 
regions from which such wines may come; 
Whereas systematic exclusion from disposal for con­
sumption is justified only in cases where the quality 
of the wine is in jeopardy or where the consumer's 
health is at risk; whereas provision should, however, 
be made for measures in respect of the sanctions 
applicable in all other cases; 
Whereas after a period of rapid change in technol­
ogy and in methods of analysis, enough is now 
known about rectified concentrated must for it to be 
defined more closely; whereas, moreover, a greater 
degree of precision should be ensured in the use of 
certain terms and definitions, in order to ensure that 
the consumer is better informed, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 337/79 is hereby amended as 
follows: 
1. Article 3 is replaced by the following: 
'Article 3 
A threshold price activating the intervention 
system, hereinafter called "activating price", 
shall apply for each wine year to each type of 
wine for which a guide price is fixed. It shall be 
valid at the same stage as the guide price. For 
each type of table wine it shall be 93 % of the 
guide price'. 
2. Article 11 (1) and (2) is replaced by the follow­
ing: 
'1. When necessary, having regard to harvest 
forecasts or in order to improve the quality of 
products put on the market, preventive distilla­
tion of table wines and wines suitable for yield­
ing table wines may be decided upon during 
each wine year, from 1 September until a date to 
be determined. 
2. The buying-in price for wines delivered for 
distillation under paragraph 1 shall be: 
— 65 % of the guide price for each type of 
wine fixed for the year concerned, for table 
5. 3. 84 Official Journal of the European Communities No C 62/31 
wines of these types and table wines having 
a close economic relationship therewith, 
— 65 % of the guide price for table wine of 
type A I fixed for the year concerned, for 
wines suitable for yielding table wine. 
The price paid by the distiller may not be lower 
than the buying-in price.' 
3. In Article 15 the following paragraph 2a is 
added: 
'2a Entitlement to distillation as referred to in 
paragraphs 1 and 2 above may be restricted to 
producers who, during the same wine year, have 
delivered wine for distillation as referred to in 
Article 11.' 
4. The fourth subparagraph of Article 17 (1) is 
replaced by the following: 
'Where wines are presented in containers of: 
— two litres or less, 
— more than two litres but not more than 20 
litres. 
The reference price shall be increased by a fixed 
amount corresponding to the normal packaging 
costs. The reference price may be varied for 
regions of the Community whose distance from 
the regions of production leads to an increase in 
the cost of bringing Community wines to the 
same marketing stage as imported wines.' 
5. Article 28 (1) (a) is replaced by the following: 
'(a) Producers of grapes for wine making and 
producers of must and wine shall declare 
each year the quantities produced from the 
last harvest.' 
6. In Article 30: 
— paragraph 1 is replaced by the following: 
'1. Except in the cases referred to in the 
first subparagraph of paragraph 2, all new 
planting of vines shall be prohibited until 
30 November 1986.' 
— the following is added to the first subpara­
graph of paragraph 2: 
'The authorizations referred to in the first 
indent above may be granted only for quality wines psr for which the likely long-
term demand is well in excess of potential 
supply.' 
7. Article 31 (3) (b) is replaced by the following: 
'(b) vine varieties classified as temporarily 
authorized after 31 December 1976 must be 
completed within 25 years from the date on 
which the variety was thus classified.' 
8. In Article 34: 
— paragraph 2 is replaced by the following: 
'2. In years when climatic conditions have 
been exceptional, Member States may 
authorize: 
— additional acidification up to a limit of 
1,50 g/1 expressed in tartaric acid, or 20 
milliequivalents per litre for the prod­
ucts referred to in paragraph 1 originat­
ing in zones C II, C III (a) and C III 
(b), 
— acidification of the products referred to 
in paragraph 1 in wine-growing zones 
C I (a) and C I (b), under the conditions 
referred to in paragraph 1 as regards 
zones C II, C III (a) and C III (b), 
— partial deacidification of wine for 
wine-growing zones A, B, C I (a), C I 
(b), C II and C III (a), provided that the 
deacidification is carried out in the 
installations of the person who used the 
grapes and grape must from which the 
wine originated.'; 
— paragraph 4 and 5 are replaced by the fol­
lowing: 
'4. Wine originating from wine-growing 
zones C II, C III (a) and C III (b) may be 
carried out only subject to an upper limit of 
1 g/1 expressed in tartaric acid, or 1,33 mil­
liequivalents per litre. 
5. The derogations referred to in para­
graph 3 and other detailed rules for the 
application of this Article shall be adopted 
in accordance with the procedure laid down 
in Article 67.' 
9. In Article 36: 
— the first subparagraph of paragraph 1 is 
replaced by the following: 
'1. None of the processes referred to in 
Articles 33 and 34, except that referred to in 
No C 62/32 Official Journal of the European Communities 5.3.84 
Article 34 (4), shall be authorized unless car­
ried out as a single operation at the time 
when the fresh grapes, grape must, grape 
must in fermentation or new wine still in 
fermentation are being turned into wine 
suitable for yielding table wine or into table 
wine, and in the wine-growing zone where 
the fresh grapes used have been harvested. 
The same shall apply to the concentration, 
acidification and deacidification of wine 
suitable for yielding table wines. The con­
centration, acidification and deacidification 
of table wines must take place in the wine­
growing zone where the fresh grapes used 
were harvested.'; 
— the first indent of the second subparagraph 
of paragraph 2 is replaced by the following: 
'— concentration by cooling and acidifica­
tion as referred to in Article 34 (4) may 
be practised throughout the year.' 
10. Article 39 is amended as follows: 
— in paragraph 1, the following subparagraph 
is inserted after the first subparagraph: 
'The filtering and centrifuging of lees shall 
not be considered as overpressing.': 
— The following is added to paragraph 3: 
'Grape marc and wine lees delivered for dis­
tillation must meet certain minimum stan­
dards to be determined. Where the stan­
dards are not met, the marc and lees shall, 
by way of derogation from the first subpara­
graph, be disposed of by delivery to a pro­
cessing establishment other than a distillery 
or by destruction under supervision.'; 
— paragraph 8 is replaced by the following: 
'8. The amount of aid, the prices and the 
proportion of expenditure referred to in para­
graph 7 shall be fixed in accordance with 
the procedure laid down in Article 67. 
Detailed rules for the application of this 
Article, the standard natural alcoholic 
strength by volume referred to in para­
graph 2 and the minimum standards to be 
met by marc and lees referred to in para­
graph 3 shall be adopted in accordance with 
the same procedure.' 11. Article 40a is replaced by the following: 
'Article 40a 
Disposal of the products of the distillation oper­
ations referred to in Articles 39 and 40 held by 
the intervention agencies shall be governed by 
rules intended to avoid any disturbance of the 
markets in alcohol and spirituous beverages 
produced in the Community. 
The Council, acting by a qualified majority on a 
proposal from the Commission, shall adopt the 
rules referred to in the first subparagraph. 
If application of the rules referred to in the first 
subparagraph does not ensure disposal of the 
products referred to in the same subparagraph, 
measures ensuring their disposal in sectors or 
for end-users excluding any disturbance of the 
markets in alcohol and spirituous beverages 
produced in the Community shall be adopted in 
accordance with the procedure laid down in 
Article 67. 
The end-users referred to in the third subpara­
graph shall include use as fuel. 
The cost of these measures shall be borne by the 
Guarantee Section of the European Agricultural 
Guidance and Guarantee Fund.' 
12. In Article 41: 
— the following subparagraph is added to para­
graph 1: 
'In calculating availabilities at the begin­
ning of the wine year, as referred to in the 
first subparagraph, account shall be taken 
of the quantities to be distilled under Arti­
cles 11 and 12a.'; 
— the following subparagraph is added to 
paragraph 2: 
'To this quantity shall be added that subject 
to preventive distillation as referred to in 
Article 11.'; 
— the third subparagraph of paragraph 3 is 
replaced by the following: 
"The quantity of table wine to be delivered 
for distillation by each producer shall be 
equal to that determined in accordance with 
the second subparagraph minus the quant­
ity of table wine or wine suitable for yield­
ing table wine delivered for distillation as 
referred to in Article 11.'; 
— paragraph 4 is replaced by the following: 
'4. The buying-in price for the quantity of 
table wine to be delivered for distillation 
5. 3. 84 Official Journal of the European Communities No C 62/33 
under paragraph 1, in excess of that 
delivered for distillation as referred to in 
Article 11, shall be 60% of the guide price 
for each type of table wine. This price shall 
also apply to wines in a close economic 
relationship with each of the types of the 
table wine. The price paid by the distiller 
may not be lower than the buying-in price.' 
13. Article 46 (3) is deleted. 
14. In Article 48 (2) and the second subparagraph 
of Article 48 (3) (a) 'aerated sparkling wine' and 
'aerated semi-sparkling wine' are replaced by 
'sparkling wines with added carbon dioxide' 
and 'semi-sparkling wines with an added carbon 
dioxide' respectively. 
15. The following Article 48a is inserted: 
'Article 48a 
Imported wine which may be used for making 
sparkling wine must come from vine varieties 
and wine-growing regions giving it characteris­
tics which differentiate it from Community 
wine. 
A list of the wine varieties and regions referred 
to in the first subparagraph shall be drawn up in 
accordance with the procedure laid down in 
Article 67.' 
16. Article 49 (2) (b) is replaced by the following: 
'(b) where the variety in question has been clas­
sified as temporarily authorized after 
31 December 1976, for a period of 25 years 
from the date the variety was so classified.' 
17. In Article 51: 
— the first subparagraph of paragraph 1 is 
replaced by the following: 
'1. Unless otherwise decided by the Coun­
cil acting by a qualified majority on a pro­
posal from the Commission, products fall­
ing within heading Nos 22.04 and 22.05 of 
the Common Customs Tariff, whether 
imported or not, which have undergone 
oenological practices not allowed by Com­
munity rules or, where such rules do not 
exist, by national rules, may not be offered 
or disposed of for direct human consump­
tion.'; 
— the following subparagraph is added to 
paragraph 2: 
'The measures to be taken concerning wines 
not complying with the provisions of this 
Regulation, other than those referred to in 
the first subparagraph of paragraph 1, or 
provisions adopted in implementation thereof, shall be adopted in accordance with 
the same procedure.' 
18. In Annex II: 
— point 5a is replaced by the following: 
'5a. Rectified concentrated grape must, 
the liquid uncaramelized product which: 
— is obtained by partial dehydration of 
grape must carried out by any author­
ized method other than direct heat in 
such a way that the figure indicated by 
a refractometer (used in accordance 
with the method perscribed in Annex 
III to Regulation (EEC) No 516/77) at 
a temperature of 20 °C is not less than 
70,5%; Member States may, however, 
allow a different figure for products 
used within their territory, provided it is 
not lower than 51,9 %, 
— has undergone authorized treatment 
for deacidification and elimination of 
constituents other than sugar, 
— has: 
— total acidity expressed as tartaric acid 
of not more than 0,75 g/kg of total 
sugars, 
— a total cation content of not more than 
5 milliequivalents/kg of total sugars; 
— a sucrose content of not more than 
0,2 g/kg of total sugars, 
— an ethanol content of not more than 
25 mg/kg of total sugars, 
— a sulphur dioxide content of not more 
than 10 mg/kg of total sugars, 
— a hydroxymethylfurfural content of not 
more than 0,5 g/kg of total sugars, 
— a pH of not more than 5, 
— an optical density at 425 nm under a 
thickness of 1 cm of not more than 
0,100, 
No C 62/34 Official Journal of the European Communities 5. 3. 84 
— a conductivity of not more than 100 
micro Siemens x cm-1.'; 
point 13 is replaced by the following: 
'13. Sparkling wine: saving the derogation 
provided for in Article 48 (3), the product 
which is obtained by first or second alco­
holic fermentation: 
— of fresh grapes, 
— of grape must, 
— of wine, 
all suitable for yielding table wine, 
— of table wine, 
— of quality wine psr, 
— or, under the conditions referred to in 
Article 48a, imported wine which, when 
the container is opened, releases carbon 
dioxide derived exclusively from fer­
mentation and which has an excess 
pressure, due to carbon dioxide in solu­
tion, of not less than 3 bar when kept at 
a temperature of 20 °C in closed contai­
ners.'; 
in point 14, 'aerated sparkling wine' is 
replaced by 'sparkling wine with added car­
bon dioxide'; — in point 16, 'aerated semi-sparkling wine' is 
replaced by 'semi-sparkling wine with 
added carbon dioxide'; 
— point 18 is replaced by the following: 
'18. Wine lees: the muddy residue accumu­
lating in wine vessels after fermentation or 
during the storage of wine, dried or not.'; 
— point 19 is replaced by the following: 
'19. Grape marc: the residue from the press­
ing of grapes, whether or not fermented.'; 
— in point 21 the maximum volatile acidity of, 
'2,40 g/T is replaced by '1,50 g/T. 
19. In Annex III, point 2 in the fourth indent of 
(m), the parentheses are deleted; (n) is deleted. 
Article 2 
This Regulation shall enter into force on the third 
day following its publication in the Official Journal 
of the European Communities. 
It shall apply with effect from 1 September 1984. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
Proposal for a Council Regulation fixing certain prices and other amounts applicable in 
the fruit and vegetables sector for the 1984/85 marketing year 
(84/C 62/31) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the Euro­
pean Economic Community, and in particular 
Article 43 thereof, 
Having regard to the 1979 Act of Accession, and in 
particular Article 72 (1) thereof, 
Having regard to Council Regulation (EEC) 
No 1035/72 of 18 May 1972 on the common organ­
ization of the market in fruit and vegetables (l), as last amended by Regulation (EEC) No 
particular Article 16(1) thereof, and in 
Having regard to Council Regulation (EEC) 
No 2511/69 of 9 December 1969 laying down 
special measures for improving the production and 
marketing of Community citrus fruit (2), as last 
amended by Regulation (EEC) No 2004/83 (3), and 
in particular Article 7 thereof, 
Having regard to the proposal from the Commis­
sion, 
Having regard to the opinion of the European Par­
liament, 
(') OJ No LI 18, 20. 5. 1972, p. 1. (2) OJ No L 318, 18. 12. 1969, p. 1. 
(3) OJ No L 198, 21.7. 1983, p. 2.