27.9.84 Official Journal of the European Communities No C 259/5 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation amending Regulation (EEC) No 337/79 on the 
common organization of the market in wine 
COM(84) 515 final 
(Submitted by the Commission to the Council on 12 September 1984) 
(84/C 259/06) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 43 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Article 2 of Council Regulation (EEC) No 
337/79 of 5 February 1979 (') requires that a guide 
price be fixed for each type of table wine and lays 
down the criteria concerned; whereas, in order to 
prevent a further rise in production which could 
increase the present imbalance on the market in wine, 
provision should be made for not increasing the guide 
prices in cases where the quantity of wine distilled 
under a distillation measure for table wine exceeds 
the equivalent of about 10 % of Community 
production, thus resulting in major surpluses the rise 
of which should not be encouraged; 
Whereas the use of musts in grape-juice production 
helps to reduce expenditure in respect of the 
distillation of wine surpluses; whereas the use of such 
musts could be boosted by an effective scheme to 
promote the consumption of grape juice; whereas, 
therefore, the aid provided for in Article 14 of Regu­
lation (EEC) No 337/79 should^ for a number of 
wine years, be used partly to finance such schemes; 
whereas provision should accordingly be made for 
allowing the aid to be fixed at a higher level; 
O OJNoL54, 5. 3. 1979, p. 1. Whereas the structural surpluses which are currently 
a feature of the wine sector require that the 
Community's wine-growing potential be reduced; 
whereas the said reduction may be secured, albeit 
gradually, by restricting the right to replant; whereas, 
accordingly, the area which a grower is entitled to 
replant should, for a fairly lengthy period, be less 
than that of the vineyards which he has grubbed; 
whereas the extent of the restriction on the right to 
replant should vary according to the production 
potential of the land on which replanting is to take 
place; 
Whereas the measures to reduce wine-growing 
potential should, in view of the size of the imbalance, 
be implemented at once; whereas, however, growers 
who are already entitled to replant could, if they 
exercise their right in full, considerably delay and 
reduce the effects of this measure in view of the total 
area and the period concerned; whereas the right to 
replant which was granted to such owners should 
therefore also be covered by the scheme; 
Whereas, concerning the transfer of the right to 
replant, provision should be made whereby producers 
of wines which have the best outlets would not have 
to reduce the wine-growing area which they cultivate; 
Whereas restricting the right to replant could result in 
a future loss of income for the grower which it would 
be fair to offset by means of compensation; whereas 
the difference between the percentage reductions in 
the right to replant is, on average, offset by the 
difference in yields of the areas concerned; whereas 
the amount of compensation required should 
therefore be fixed at a standard rate; 
Whereas Regulation (EEC) No 337/79 allows wine 
to be enriched by means of sucrose and provides, in 
order to offset the higher cost of enrichment by 
means of concentrated grape must and rectified 
No C 259/6 Official Journal of the European Communities 27.9. 84 
concentrated grape must, for the granting of aid for 
the use of those products; whereas, in accordance 
with the guidelines set out in the action programme 
(1979 to 1985) on the progressive establishment of 
balance on the market in wine, the Commission 
presented to the Council a proposal to abolish, from 
the 1989/90 wine year onwards; both the use of 
sucrose for enriching wines and the aids referred to 
above; whereas, in order to ensure that the abolition 
is gradual, the aid for the use of concentrated musts 
and rectified concentrated musts should be decreased 
over a number of wine years and the economic 
advantage to producers who are authorized to use 
sucrose should be removed by means of a tax; 
whereas, however, in order to avoid major 
administrative complications, the tax should apply 
solely to wine from holdings which, since they 
produce very high yields per hectare, normally enrich 
a large proportion of their produce; 
Whereas Article 32 of Regulation (EEC) No 337/79 
lays down the maximum increase in the natural 
alcoholic strength of products intended for wine-
making; whereas the fact that the said limits do not 
include a reference to the yield per hectare gives a 
competitive advantage to growers who produce the 
highest yields and, in many cases, grapes of poor 
quality and therefore leads to a dangerous increase in 
production; whereas, in order to prevent such an 
increase, the quantity of sucrose which may be used 
should be subject to a maximum per hectare of 
vineyard under cultivation, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 337/79 is hereby amended as 
follows: 
1. The following subparagraph is added to Article 
2(2): 
'The guide price for a wine year may, however, 
exceed that fixed for the preceding wine year only 
if the average annual quantity of wine distilled 
pursuant to Articles 11, 12a, 15 and 41 during the 
three preceding wine years is less than 12 million 
hectolitres.' 
2. The following subparagraph is added to Article 
14(3): 
'For the 1985/86, 1986/87, 1987/88 and 1988/89 
wine years, the aid shall be 80 °/o, 60 %, 40 °/o and 
20 % respectively of that difference.' 3. The following paragraph is inserted in Article 14a: 
'3a. During the wine years 1985/86 to 1989/90, 
recipients of the aid referred to in the first indent 
of paragraph 1 shall contribute a part thereof to be 
determined towards the organization of campaigns 
to promote the consumption of grape juice. The 
amount of the aid may, for the purposes of 
organizing such campaigns, be fixed at a higher 
level than that resulting from the application of 
paragraph 3.' 
4. The following paragraph is inserted in Article 30a: 
'3a. By way of derogation from the preceding 
paragraphs, the right to replant may, during the 
wine years 1985/86 to 1994/95, be exercized only 
on an area equivalent in terms of pure crop to: 
— 50 % of the area where the grubbing was 
carried out, in cases where the area of 
replanting is covered by an irrigation scheme 
or is equipped with independent irrigation 
facilities which tap the ground water 
— 70 % of the area where the grubbing was 
carried out in, in all other cases. 
During that period, the replanting right may be 
transferred to other holdings, provided the area on 
which it is to be exercized is classified, in 
accordance with Articles 29 and 29a, in the same 
category as that in which the grubbing was carried 
out or in a higher category. The replanting right 
may not, however, be transferred to areas 
classified in category 3. 
Holders of replanting rights shall, at their request, 
be granted compensation if their right to replant is 
restricted pursuant to the first paragraph of this 
Article. 
The compensation shall be paid by the competent 
authorities of the Member States when the said 
rights are exercized. The amount per hectare of 
vineyard grubbed shall be: 
— 1 500 ECU in the case of replanting rights 
acquired prior to 31 August 1985, and 
— 1 000 ECU in the case of all other rights. 
The compensation referred to in the above 
paragraph shall be chargeable to the Guarantee 
Fund of the EAGGF.' 
5. The following subparagraphs are added to 
Article 33 (3): 
'Without prejudice to the limits laid down in 
Article 32, Member States shall specify the 
maximum quantity of sucrose which may be used 
per hectare of vines under cultivation during the 
period when the use of sucrose is allowed. 
27.9. 84 Official Journal of the European Communities No C 259/7 
The maximum quantities laid down may differ by 
region of production and by variety and may in no 
case exceed 300 kg per hectare.' 
6. The following Article 33a is inserted: 
'Article 33a 
1. In wine-growing regions where the addition 
of sucrose is authorized in accordance with 
Article 33, a tax shall be levied in respect of wines 
produced on holdings where the yield per hectare 
exceeds 80 hectolitres. The tax shall be levied 
when the wine is sold for the first time, including 
when it is delivered for the purpose of distillation. 
2. The amount of the tax shall be fixed in the 
light of the difference between the cost of 
enrichment by means of sucrose and that obtained 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 43 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Whereas Council Regulation (EEC) No 338/79 of 
5 February 1979 laying down special provisions 
relating to quality wines produced in specified 
regions (*), as last amended by Regulation (EEC) No 
3159/83 (2), sets out criteria for the recognition of 
wines by the Member States as quality wines 
produced in specified regions; whereas, in view of the 
growing surpluses on the wine market and the 
pressures exerted on the market by quality wines psr, 
the said criteria should be supplemented by 
the provision that only wines with 
(') OJ No L 54, 5. 3. 1979, p. 48. 
O OJ No L 309, 10. 11. 1983, p. 21. by means of musts for which the aid referred to in 
Article 14 was paid. 
3. The proceeds of the tax referred to in 
paragraph 1 shall be used to finance Community 
expenditure in the wine sector. 
4. The amount of the tax referred to in 
paragraph 1 shall be fixed in accordance with the 
procedure laid down in Article 67. Detailed rules 
for the application of this Article shall be adopted 
in accordance with the same procedure.' 
Article 2 
This Regulation shall enter into force on 1 September 
1985. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
lasting prospects of finding a market may be 
recognized as quality wines psr and by making 
recognition of such wines subject to a Community 
authorization procedure; 
Whereas Regulation (EEC) No 338/79 does not 
include rectified concentrated grape must among the 
products which may be used for sweetening quality 
wines psr; whereas the present state of scientific 
knowledge suggests that it can be used for this 
purpose; 
Whereas Article 11 of Regulation (EEC) No 338/79 
provides that Member States are to fix a maximum 
yield per hectare for quality wines psr and to 
determine the conditions on which these yields may 
be exceeded; whereas the application of this provision 
by some Member States has led to the yields 
compatible with a product of best quality being 
exceeded, with the attendant likelihood that such 
wines will be increasingly difficult to market; whereas 
these considerations make it essential to fix maximum 
yields per hectare applicable throughout the 
Community and to define precisely the conditions on 
which the designation of a quality wine psr can be 
recognized when the maximum yield is exceeded; Proposal for a Council Regulation amending Regulation (EEC) No 338/79 laying down 
special provisions relating to quality wines produced in specified regions 
COM(84) 515 final 
(Submitted by the Commission to the Council on 12 September 1984) 
(84/C 259/07)