Proposal for a Council Regulation (EC) amending Regulation (EEC) No 822/87 on common organization of the market in wine
Date: 1997-06-03
Institutions: European Commission
Subjects: agricultural quota, common organisation of markets, distillation, vineyard, viticulture

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  03.06.1997 
COM(97)  267  final 

97/0161  (CNS) 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

amending  Regulation  (EEC) No 822/87 on 
common  organization  of the  market  in wine 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

The attached proposal would: 

1. 

amend Article  15 and Annex VI to Regulation (EEC) No 822/87 covering the use of malic 
acid  for  acidification.  The  option  of  permitting  its  use  has  never  been  taken  up  by  the 
Member  States and, taking account of this, it appears appropriate no longer to include this 
practice in Annex VI. 

authorize  permanently  the  use  of  a  deacidification  practice  at  present  allowed  by 
Article  17(3)  of  Regulation  (EEC)  No  822/87  on  a  temporary  basis.  Permanent 
authorization  is  justified  by  the  results  of  experiments  which  have  demonstrated  the 
usefulness  and advantages of the practice. 

amend  Article  5  of  Regulation  (EEC)  No  822/87  to  end  the  preferential  treatment 
temporarily granted to certain installations when aid for the use of must for enrichment was 
introduced; it is no longer justified. 

amend Article 53 of that Regulation which governs entry price control measures  for  grape 
juices  and musts. Its provisions  are identical to those for the fruit and vegetable  sector but 
are quite unsuited to the  actual  situation  for juice  and must  imports. Temporary  measures 
have  already been  adopted  applicable  to  30 June 1997 that,  on  expiry,  should  be  replaced 
by  amendments  to  Regulation  (EEC)  No  822/87  providing  satisfactory  control  of  entry 
prices. 

It  is  necessary  to  set  rules  under  which  respect  for  entry  prices  will  be  checked  either 
consignment  by  consignment  (as  under  the  temporary  rules)  or  using  a  flat-rate  import 
value to be calculated on the basis of price quotations in the country of origin, in line with 
detailed rules to be determined. 

Proposal  for 

COUNCIL  REGULATION (EC) No 

of 

amending Regulation  (EEC) No 822/87  on 
common  organization  of the  market  in wine 

THE  COUNCIL  OF THE  EUROPEAN  UNION, 

Having  regard  to the  Treaty  establishing the  European  Community,  and  in particular  Article  43 

thereof, 

Having  regard  to the proposal from the  Commission1, 

Having  regard  to the  opinion  of the European  Parliament, 

Having  regard  to the  opinion  of the Economic  and  Social  Committee , 

Whereas  Article  15(6) of  Council  Regulation  (EEC) No  822/87  of  16 March  1987 on  common 
organization  of  the  market  in  wine4,  as  last  amended  by  Regulation  No  1592/965,  provides  for 

adoption  of terms under  which  Member  States may  allow malic  acid to be used;  whereas  since 

the  Regulation  entered  into  force  it  has  never  been  used  and  provision  for  this  should  be 

discontinued;  whereas  it  should therefore  be deleted from Annex VI  to the  Regulation; 

Whereas  Article  17(3)  of  Regulation  (EEC)  No  822/87  allows  temporary  use  of  a  particular 

deacidification  method;  whereas  experiments  in  the  Member  State  where  it  is  used  have 

demonstrated  its advantages  and  it  should  be permanently  authorized; 

Whereas  Article  45  of  Regulation  (EEC)  No  822/87  institutes  an  aid  scheme  for  use  of 

concentrated  and  rectified  concentrated  grape  musts to  increase  alcoholic  strength;  whereas  for 

OJNoC 
OJNoC 
OJNoC 
OJNoL 84, 27.3.1987, p.  1 
OJNoL206,  16.8.1996, p. 31 

rectified  concentrated  musts from  wine-growing  zones C III  a differentiated  aid  is provided  for; 

whereas  under  the  second  subparagraph  of  Article  45(2)  this  treatment  is  also  applicable  to 

rectified  concentrated musts produced outside wine-growing zones C III in installations that began 

production  of  them  before  30  June  1982;  whereas  this  extension  was  authorized  because 

installations  existed  outside  zone  C III  which  produced  musts and  the  new  scheme  would  have 

damaged them;  whereas although acceptable at the time (1987) it is no longer justified  since the 

investments  in question  have been written  off; 

Whereas Article 53 of Regulation (EEC) No 822/87 sets entry price control arrangements for grape 

juices and musts coming under codes 2009 and 2204 of the Combined Nomenclature; whereas in 

the  absence  of  representative  import  markets  in  the  Member  States  these  arrangements  are  not 

geared  to  the  actual  market  for  these  products;  whereas  they  should  be  adjusted  to  allow 

verification  by means other than a flat-rate  import value or this value to be calculated  from  prices 

on the  export  markets  of the third  countries  of  origin, 

HAS  ADOPTED  THIS  REGULATION: 

Article 1 

Regulation  (EEC) No  822/87 is amended  as  follows: 

1. 

In Article  15(6) the  second  indent  is deleted. 

2. 

In Article  17(3)  "until  31 August  1997" is deleted. 

3. 

The  second  subparagraph  of Article  45(2)  is deleted. 

4. 

Article  53(2)  and  (3)  is replaced  by: 

"2.  For  musts  coming  under  CN  codes  2009  and  2204  for  which  the  application  of 

Common  Customs  Tariff  duties  depends  on  the  import  price  of  the  product,  the  actual 

amount  of  this  price  shall be  verified  either  by  checking  every  consignment  or  by  using 

a flat-rate  import value calculated  by the Commission on the basis of price quotations  for 

the  same products  in the countries  of  origin. 

Should the declared entry price of a consignment be higher than the flat-rate  import value, 

if  such  applies,  increased  by  a  margin  adopted  in  line  with  paragraph  3  that  may  not 

exceed the flat-rate  value by more than  10%, security must be lodged equal to the import 

duties  as determined  on the basis of the  flat-rate  import value. 

If,  in  the  abovementioned  case  the  entry  price  of  the  consignment  is  not  declared,  the 

application of the Common Customs Tariff shall be dependent on the flat-rate import value 

or  on the  application,  under  conditions  to be determined  in line with paragraph  3, of the 

relevant  provisions  of  customs  legislation. 

3.  Detailed  rules of  application  for  this Article shall be adopted using the procedure  laid 

down in Article 83.  These rules shall in particular cover setting of criteria for determining 

which control method is to be applied and what factors  are to enter into calculation of  flat-

rate  import values." 

In Annex  VI.3 point  k)  is replaced  by: 

"(k)  use of tartaric  acid  for  acidification  on the terms  set in Articles  21 and 23;" 

Article 2 

This Regulation  shall enter into force on the seventh day following  its publication  in the  Official 

Journal  of the European  Communities. 

Point  3 in Article  1 shall apply from 1.9.97. 

Point  4 in Article  1 shall  apply from 1.7.97. 

This Regulation  shall be binding  in its entirety  and directly  applicable  in all Member  States. 

Done at 

For the  Council 

FINANCIAL  STATEMENT 

BUDGET HEADING: 
163 

APPROPRIATIONS: 
ECU 119.5 million 

TITLE: 
Proposal for a Council Regulation amending Regulation (EEC) No 822/87 on the common organization of the market in 
wme 

I  3. 

LEGAL BASIS: 
Article 43 of the Treaty 

AIMS: 
1. To remove malic acid from the list of oenological practices. 
2. To provide for permanent authorization for the use of a deacidification  technique. 
3. To abolish the extension of more favourable  aid arrangements for rectified  concentrated grape musts for  establishments 
beginning production before  30 June 1982. 
4. To amend measures to monitor entry prices for grape juice and musts. 

FINANCIAL IMPLICATIONS 

5.0 

EXPENDITURE 
-  CHARGED TO THE EC BUDGET 
(REFUNDS/INTERVENTION) 

-  NATIONAL AUTHORITIES 
-  OTHER 

5.1. 

REVENUE 
-  OWN RESOURCES OF THE EC 
(LEVIES/CUSTOMS DUTIES) 

-  NATIONAL 

5.0.1 
5.1.1 
5.2 

ESTIMATED  EXPENDITURE 
ESTIMATED REVENUE 
METHOD OF CALCULATION: 

PERIOD OF 
12 MONTHS 

(ECU million) 

* See below 

CURRENT 
FINANCIAL 
YEAR  (97) 
(ECU million) 

FOLLOWING 
FINANCIAL 
YEAR  (98) 
(ECU million) 

* See below 

1999 
* See below 

2000 
* See below 

2001 
* See below 

2002 
* See below 

6.0 

CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE 
RELEVANT CHAPTER OF THE CURRENT BUDGET? 
CAN THE PROJECT BE FINANCED BY TRANSFER  BETWEEN CHAPTERS OF THE 
CURRENT BUDGET? 
WILL A SUPPLEMENTARY  BUDGET BE NECESSARY? 
WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? 

6.2 
6.3 
OBSERVATIONS: * 

YES/NO 

YES/NO 

YES/NO 
YES/NO 

Measures 1.2 and 4: 
Technical rules of application 

Measure 3: 
Applicable from  1  September  1997 (1997/98 wine year). Given the uncertainty as to the reaction of the processors concerned (use of 
musts from zone CIII or other zones), the financial  consequences (in principle, a reduction in expenditure) cannot be calculated. 

ISSN 0254-1475 

COM(97) 267  final 

DOCUMENTS 

EN 

03  10 

Catalogue number  : CB-CO-97-254-EN-C 

ISBN 92-78-20681-4 

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