Commission Regulation (EC) No 1681/1999 of 26 July 1999 fixing the buying-in prices, aids and certain other amounts applicable for the 1999/2000 wine year to intervention measures in the wine sector
Date: 1999-07-26
Institutions: European Commission
Subjects: market intervention, marketing year, production aid, purchase price, viticulture

30. 7. 1999

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 1681/1999

of 26 July 1999

fixing the buying-in prices, aids and certain other amounts applicable for the 1999/2000 wine year
to intervention measures in the wine sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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 the market in
wine (1), as last amended by Regulation (EC) No 1677/1999 (2),
and in particular Articles 35(8), 36(6), 38(5), 41(10), 44, 45(9)
and 46(5) thereof,

(1) Whereas Article 4 of Commission Regulation (EC) No
3299/94 of 21 December 1994 on transitional measures
applicable 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 its
entirety in Austria from the 1995/96 wine year,
in the interests of
whereas, however, Austria should,
administrative clarity, be considered to form part of the
wine-growing zone B provided for in Annex IV to Regu-
lation (EEC) No 822/87;

(2) Whereas Council Regulation (EC) No 1676/1999 (5)
fixes the guide prices for wine for the 1999/2000 wine
year; whereas the prices, aids and other amounts for the
various intervention measures to be adopted for that
wine year should accordingly be fixed on that basis;

(3) Whereas this Regulation applies to Austria and Portugal;
whereas, however, since wine-growing zones have not
been delimited in those countries, the oenological prac-
tices authorised in accordance with the rules laid down
under Title II of Regulation (EEC) No 822/87 should be
defined for the 1999/2000 wine year pending the adop-
tion of definitive rules;

(4) Whereas, since enrichment is an exceptional practice,
the same reduction in the buying-in price for wine
provided for in Article 44 of Regulation (EEC) No 822/
87 and laid down 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;

(1) OJ L 84, 27.3.1987, p. 1.
(2) See page 8.
(3) OJ L 341, 30.12.1994, p. 37.
(4) OJ L 70, 30.3.1995, p. 1.
(5) See page 7.

(5) Whereas the aid for the use in wine-making of concen-
trated grape must and rectified concentrated grape must
as provided for in Article 45(1) of Regulation (EEC) No
822/87 must be fixed taking into account the difference
between the cost of enrichment achieved using concen-
in the
trated grape must and using sucrose; whereas,
the
light of
amount of the aid should be varied with the product
used for enrichment;

the data available to the Commission,

(6) Whereas distillers may, in accordance with Articles 35(6)
and 36(4) of Regulation (EEC) No 822/87, either receive
aid for the product to be distilled or deliver the product
obtained from distillation to the intervention agency;
whereas the amount of the aid must be fixed on the
basis of the criteria laid down in Article 16 of Council
Regulation (EEC) No 2046/89 (6), as last amended by
Regulation (EC) No 2468/96 (7);

(7) Whereas the price of wine to be distilled under Articles
38 and 41 of Regulation (EEC) No 822/87 does not
normally allow the marketing at market prices of prod-
ucts obtained from distillation; whereas provision must
therefore be made for aid, the amount of which is to be
fixed on the basis of the criteria laid down in Article 8
of Regulation (EEC) No 2046/89, account also being
taken of the present uncertainty of prices on the market
for distillation products;

(8) Whereas some wine delivered for one of the distillation
operations may be processed into wine fortified for
distillation; whereas the amounts applicable to distilla-
tion in accordance with the rules laid down in Article 26
of Regulation (EEC) No 2046/89 should be adjusted
accordingly;

(9) Whereas experience gained in sales by invitation to
tender of alcohol held by intervention agencies shows
that
the difference between prices which may be
obtained for neutral spirits and raw alcohol does not
justify the takeover of the former; whereas, moreover,
quantities of neutral spirits currently available are suffi-
cient to satisfy, at least for one wine year, any demand
for that product; whereas under these circumstances the
possibility provided for in Articles 35, 36 and 39 of
Regulation (EEC) No 822/87 should be used by
producing for the buying in of all alcohol at the price
for raw alcohol;

(6) OJ L 202, 14.7.1989, p. 14.
(7) OJ L 335, 24.12.1996, p. 7.

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(10) 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 application
of compulsory distillation as provided for in Articles 35
and 36 of Regulation (EEC) No 822/87 sets a standard
natural alcohol strength by volume to be applied in the
various wine-growing zones for the purpose of deter-
mining the volume of alcohol to be delivered for distilla-
tion under Article 35 of Regulation (EEC) No 822/87;
whereas it has not been possible to fix this standard
natural alcoholic strength in Portugal because the wine-
growing zones in that country have not yet been delim-
ited; whereas, therefore, a provisional standard natural
alcohol strength should be fixed;

(11) Whereas Article 46(3) of Regulation (EEC) No 822/87
lays down criteria for fixing the aid provided for in that
Article; whereas, as regards the aid for the use of grapes,
grape must and concentrated grape must for the manu-
facture of grape juice, paragraph 4 of that Article stipu-
lates that a part of the aid should be set aside for the
organisation of campaigns to promote the consumption
of grape juice; whereas the aid may be increased to that
end; whereas, having regard to the criteria laid down and
of the need to finance those campaigns, the aid should
be fixed at a level permitting sufficient quantities to be
obtained for the effective promotion of the product;

(12) Whereas the reduction in the buying-in price for wine
provided for in Article 44 of Regulation (EEC) No 822/
87 depends on the average increase in the natural alco-
holic strength in each wine-growing zone; whereas
experience shows that
increase corresponds on
that
the maximum increase authorised;
average to half
whereas the reduction in the buying-in price must
accordingly correspond to the added alcoholic strength
as a percentage of the alcoholic strength of wine deliv-
ered for distillation;

(13) Whereas Commission Regulation (EEC) No 3800/81 of
l6 December 1981 determining the classification of vine
varieties (3), as last amended by Regulation (EC) No
1231/98 (4), establishes the list of vine varieties recom-
in
mended and authorised in Portugal; whereas,
assessing the production of wine in Portugal, reference
should be made to those vine varieties;

(14) Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Management
Committee for Wine,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation fixes the buying-in prices, the aids and certain
other amounts applicable for the 1999/2000 wine year to
intervention measures in the wine sector in the Community. As
regards the measures provided for in Articles 38 and 41 of
Regulation (EEC) No 822/87, those amounts shall be fixed

(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.

subject to a subsequent decision on the activating of those
measures.

Article 2

1.
The buying-in prices of the products and of wine deliv-
ered during the 1999/2000 wine year for compulsory distilla-
tion as provided for in Articles 35 and 36 of Regulation (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 taking over 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) and the second
subparagraph of Article 39(7), the intervention agency shall
pay the raw alcohol price for the alcohol delivered to it.

Article 3

The buying-in prices for wine delivered during the 1999/2000
wine year for voluntary distillation as provided for in Articles
38 and 41 of Regulation (EEC) No 822/87 and, 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 utilisation during the 1999/2000 wine year of
concentrated grape must and rectified concentrated grape must
as provided for in Article 45(1) and in the first subparagraph of
Article 46(1) of Regulation (EEC) No 822/87 shall be as set out
respectively in Annexes V, VI and VII hereto.

Article 5

The reductions provided for in Article 44 of Regulation (EEC)
No 822/87 applicable to the buying-in prices for wine deliv-
for distillation as
ered during the 1999/2000 wine year
provided for in Articles 36, 38, 39 or 41 of that Regulation
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 of that
alcohol,

shall be as set out in Annex VIII hereto.

For the purposes of this Article, Portugal shall be considered to
form part of wine-growing zone C, and Austria of wine-
growing zone B.

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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 part of wine-
growing zone B for the 1999/2000 wine year.

Article 7

The rules governing oenological practices and processes
1.
laid down in Title II of Regulation (EEC) No 822/87 shall apply
to Portugal during the 1999/2000 wine year subject to the
following conditions:

(a) increase in alcoholic strength shall be limited to 2 % vol.
Products eligible under this measure shall have a natural
alcoholic strength by volume of at least 7,5 % vol, before
enrichment and total alcoholic strength by volume of not
more than 13 % after enrichment. However, products
upstream of table wine originating in the ‘Vinho verde’
region must have an alcoholic strength by volume of at
least 7 % before enrichment.

The addition of concentrated grape must or
rectified
concentrated grape must shall not have the effect of
increasing the initial volume of fresh crushed grapes, grape
must, grape must in fermentation or new wine still
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 the subject of
acidification or deacidification.

2.
The wine varieties which may be used to produce table
wine shall be those listed in the Annex to Regulation (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 been subject 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 accordance with Article
35 of Regulation (EEC) No 822/87 shall be calculated on the
basis of a standard natural alcoholic strength, to be taken into
consideration for the assessment of the volume of alcohol
contained in the wine produced, equal to 9 % by volume, with
the exception of wines produced in the delimited ‘Vinho verde’
region,
for which the alcoholic strength to be taken into
consideration shall be 8,5 %.

This Regulation shall enter into force on 1 September 1999.

Article 8

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

Done at Brussels, 26 July 1999.

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

1999/2000 WINE YEAR

(EUR/% 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

— of marc

— of wine and lees

2. spirits distilled from marc

3. spirits distilled from wine

4. raw spirits:

— flat-rate

— of marc

— of wine and lees

(b)

for the fortification of wine for distillation

3. Prices of raw spirits delivered (1):

— flat-rate

— spirits distilled from marc

— spirits distilled from wine and lees

4. EAGGF contribution for spirits (2)

0,6279

0,8453

0,4106

0,3985

0,2777

0,4951

0,7124

0,2777

0,2657

1,654

1,872

1,437

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 subparagraph 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

1999/2000 WINE YEAR

(EUR/% vol/hl)

1. Buying-in price to be paid to the producer by the distiller

2. Aid:

(a) for distillation:

1. neutral spirits

2. spirits distilled from wine and raw spirits

(b)

for the fortification of wine for distillation

3. Prices of raw spirits delivered (1)

4. EAGGF contribution for spirits (2)

1,340

0,7728

0,6401

0,6158

1,799

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 subparagraph 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

1999/2000 WINE YEAR

(EUR/% vol/hl)

1. Buying-in price to be paid to the producer by the distiller:

— type A I — R I and R II (1)

— type A II

— type A III

— type R III

2. Aid:

(a) for distillation:

1. neutral spirits:

— type A I — R I and R II

— type A II

— type A III

— type R III

2.

spirits distilled from wine and raw spirits:

— type A I — R I and R II

— type A II

— type A III

— type R III

(b) for the fortification of wine for distillation:

— type A I — R I and R II

— type A II

— type A III

— type R III

2,487

5,385

6,146

3,852

1,884

4,818

5,603

3,272

1,751

4,685

5,470

3,140

1,715

4,613

5,373

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

1999/2000 WINE YEAR

(EUR/% vol/hl)

1. Buying-in price to be paid to the producer by the distiller:

— type A I, R I and R II (1)
— type A II
— type A III
— type R III

2. Aid:

(a)

for distillation:

1. neutral spirits:

— type A I, R I and R II
— type A II
— type A III
— type R III

2. spirits distilled from wine and raw spirits:

— type A I, R I and R II
— type A II
— type A III
— type R III

(b)

for the fortification of wine for distillation:

— type A I, R I and R II
— type A II
— type A III
— type R III

(1) And table wine in a close economic relationship with these types of table wine.

3,140
6,798
7,752
4,854

2,548
6,255
7,233
4,287

2,415
6,122
7,100
4,154

2,367
6,025
6,979
4,081

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ANNEX V

AID FOR THE USE IN WINE-MAKING OF CONCENTRATED GRAPE MUST AND RECTIFIED CONCEN-
TRATED GRAPE MUST (ARTICLE 45(1) OF REGULATION (EEC) No 822/87

1999/2000 WINE YEAR

(EUR % vol/hl)

Amount of the aid:

a) concentrated grape must:

— wine-growing zones C III(a) and C III(b)

— others,

including Portugal

b) rectified concentrated grape must:

— wine-growing zones C III(a) and C III(b)

— others, if production commenced before 30 June 1982 (EUR 10) or before 1 January

1986 (Spain)

— others,

including Portugal

1,699

1,446

2,206

2,206

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 KINGDOM AND IN IRELAND (SECOND AND
THIRD INDENTS OF ARTICLE 46(1) OF REGULATION (EEC) No 822/87)

1999/2000 WINE YEAR

Flat-rate amount of the aid:

1. Products referred to in the second indent of Article 46(1) of Regulation (EEC) No 822/87

2. Products referred to in the third indent of Article 46(1) of Regulation (EEC) No 822/87

(EUR/kg)

0,2379

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)

1999/2000 WINE YEAR

Flat-rate amount of the aid:

a) grapes (per 100 kg)

b) grape must (per hl)

c) concentrated grape must (per hl)

Percentage of the amount of the aid withheld for the financing of the
promotion campaign

(EUR)

6,603

8,257

28,873

25

Reduction in the buying-in price of wine as provided for in article 44 of Regulation (EEC) No 822/87

ANNEX VIII

Wine Year 1999/2000

Zone A

0,3623

Zone B

Zone C and Portugal

0,3019

0,1811

(EUR/% vol/hl)