Commission Regulation (EC) No 1611/98 of 24 July 1998 authorising the processing into alcohol of table grapes withdrawn from the market in the 1998/99 marketing year
Date: 1998-07-24
Institutions: European Commission
Subjects: alcohol, distillation, grape, marketing year, vinification, withdrawal from the market

25. 7. 98

EN

Official Journal of the European Communities

L 209/23

COMMISSION REGULATION (EC) No 1611/98

of 24 July 1998

authorising the processing into alcohol of table grapes withdrawn from the
market in the 1998/99 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2200/96 of
28 October 1996 on the common organisation of the
amended by
and vegetables (1),
market
Commission Regulation (EC) No 2520/97 (2), and in
particular Articles 23, 30 and 57 thereof,

in fruit

as

Whereas Council Regulation (EEC) No 822/87 of 16
March 1987 on the common organisation of the market
in wine (3), as last amended by Regulation (EC) No 2087/
97 (4), prohibits the making of wine from grape varieties
classed as table grapes from 1 August 1997; whereas the
abolition of this possible alternative use for table grapes is
causing serious difficulties on the fresh fruit market in
some regions of the Community where large quantities of
the product were turned into wine and then distilled;
whereas these difficulties are likely to result in a marked
increase in withdrawals with no possibility of disposal for
the producer organisations concerned; whereas it there-
fore appears justified to implement a transitional measure
under the common organisation of the market in fresh
products where the abovementioned difficulties arise;

Whereas provision should be made,
for a transitional
period, for the Member States to be able to distil table
grapes withdrawn from the market; whereas such distilla-
tion must be carried out by authorised distilleries
providing the guarantees required as regards technical
equipment and controls; whereas provisions must be
adopted for cases where the authorised distilleries are
unable to treat the unprocessed grapes;

Whereas measures should be laid down ensuring effective
controls to prevent such grapes withdrawn from the
market
from being used for winemaking or as a
fermented product in the wine sector; whereas such meas-
ures relate to the requirement to restrict the movement of
grapes withdrawn and to the addition on an identifier to
the grapes to enable them to be identified and to prevent
their use in the wine sector; whereas provision should also
be made for the denaturing of the alcohol obtained from
distillation of such grapes and to allow disposal of the
alcohol only outside the agricultural and spirit drink
sectors;

(1) OJ L 297, 21. 11. 1996, p. 1.
(2) OJ L 346, 17. 12. 1997, p. 41.
(3) OJ L 84, 27. 3. 1987, p. 1.
(4) OJ L 292, 25. 10. 1997, p. 1.

such as

Whereas Member States are required to ensure equal
access to all operators concerned by means of appropriate
procedures
to tender or public
invitations
auctions; whereas they are also required to prevent any
distortion of the wine and alcohol market; whereas they
must also ensure that checks are made on the method by
which the alcohol is obtained;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Fresh Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

For the 1998/99 marketing year, table grapes withdrawn
from the market pursuant to Article 23(1) of Regulation
(EC) No 2200/96 may be processed into alcohol of a
strength of more than 80 % vol. by distillation under the
conditions laid down in this Regulation.

Article 2

Table grapes withdrawn from the market and intended for
processing into alcohol shall be distilled before the end of
the 1998/99 marketing year.

Article 3

The table grapes referred to in Article 1 shall be
1.
delivered to authorised distilleries. Where the authorised
distilleries are unable to treat the unprocessed grapes, the
Member State concerned may authorise prior treatment of
those grapes at suitable authorised installations under offi-
cial control. It shall take all necessary steps to ensure that
the distillable products produced are delivered to author-
ised distilleries in accordance with this Regulation.

The Member States shall forward to the Commission
2.
a list of authorised distilleries and suitable authorised
installations.

The authorised distilleries shall carry out the distilla-
3.
tion into alcohol of table grapes and distillable products
received pursuant
to paragraph 1 in accordance with
Article 5 and under official control.

L 209/24

EN

Official Journal of the European Communities

25. 7. 98

Article 4

Article 6

1.
Table grapes withdrawn from the market and
intended for distillation may not be moved except to an
authorised distillery or a suitable authorised installation.

2. An identifier, authorised by national provisions, shall
be added at the place of withdrawal to the table grapes
withdrawn from the market to enable them to be identi-
fied at any moment and prevent their use in the wine
sector.

Article 5

1.
The alcohol obtained from distillation of the table
grapes shall immediately be denatured with the markers
laid down for that purpose in Commission Regulation
(EC) No 3199/93 (1).

Alcohol obtained from table grapes withdrawn from the
market
any Community
eligible
financing.

shall not be

for

Article 7

1. Member States shall take all measures necessary:

(cid:190) to ensure equal access for operators to the measure
provided for in this Regulation; to that end, they may
use a tendering procedure or public auctions,

(cid:190) to avoid distortion on the wine and alcohol market.

2. Member States shall take the measures necessary to
ensure that checks are made on the method used for
obtaining alcohol from table grapes withdrawn from the
market.

Article 8

2.
The alcohol resulting from such distillation shall not
be used for food purposes or used in the spirit drink
sector.

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.

Done at Brussels, 24 July 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 288, 23. 11. 1993, p. 12.