CELEX: 51983PC0639
Language: en
Date: 1983-11-25
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 337/79 ON THE COMMON ORGANIZATION OF THE MARKET IN WINE

No C 338/8                           Official Journal of the European Communities                              15.12.83
               Proposal for a Council Regulation amending Regulation (EEC) No 337/79 on the
                                      common organization of the market in wine
                                                   COM(83) 639 final
                          (Submitted by the Commission to the Council on 30 November 1983)
THE COUNCIL OF THE EUROPEAN                                     basis of objective enrichment requirements; whereas
COMMUNITIES,                                                    provision should be made for the whole problem to
                                                                be re-examined on the basis of a Commission report
                                                                before the new system is applied;
Having regard to the Treaty establishing the
European Economic Community, and in particular
                                                                Whereas, in view of the abundant quantities available
Article 43 thereof,
                                                                and the need to improve further the quality of the
                                                                wines offered on the market, the maximum quantity
Having regard to the proposal from the Commission,              of alcohol contained in the products delivered for
                                                                distillation under Article 39 of Council Regulation
                                                                (EEC) No 337/79 (l), as last amended by Regulation
Having regard to the opinion of the European Par-
                                                                (EEC) No 1595/83 (2), should be raised;
liament,
                                                                Whereas application of the provisions governing the
Whereas, although the Council recently made major               activation of compulsory distillation and the fixing of
changes to the rules governing the wine sector,                 the quantities of wine to be distilled is likely to give
further alterations to those provisions are required in         rise to difficulties which might interfere with disposal
connection with the rationalization of the common               of all the year's surpluses; whereas, in order to
agricultural policy;                                            resolve such difficulties, the criteria for determining
                                                                the quantity of wine which must be distilled should be
                                                                laid down; whereas on this occasion some technical
Whereas the system of short-term private storage aid            adjustments to improve management of the measures
for table wine and must, which was intended to                  should be introduced in Articles 15 and 41 of the said
stabilize the market at a period when supply and                Regulation,
demand were more or less in balance, plays
practically no role in the situation of constant
surpluses which has prevailed in the wine sector since          HAS ADOPTED THIS REGULATION:
1979; whereas the measure's effectiveness no longer
justifies the appreciable financial burden it entails and                                    Article 1
the measure should therefore be abolished;
                                                                Regulation (EEC) No 337/79 is hereby amended as
                                                                follows:
Whereas the provisions concerning the minimum
natural alcoholic strength and the enrichment of wine              1. Article 7 is replaced by the following:
affect the balance of production between the different                'Article 7
wine-growing regions and the extent of the
production potential of Community wine-growing as                     1.    A system of aid is hereby instituted for the
a whole; whereas the system at present in force,                      private storage of:
which consists in authorizing the use of sucrose in                   — table wine,
certain regions of the Community and simultaneously
granting aid for the use of concentrated must and                     — grape must, concentrated grape must and
 rectified concentrated must, while intended to place                     rectified concentrated grape must.
producers on an equal footing, could encourage them
 to make systematic use of enrichment, thus helping to                2.     The aid referred to in paragraph 1 shall be
 increase wine-growing potential artificially and                     granted       subject to the conclusion       with
 aggravate the problem of surpluses; whereas the                      intervention agencies, between 16 December and
 encouragement to increase yields should therefore be                 15 February of the following year and on
 removed, while safeguarding the balance between                      conditions to be determined, of a long-term
 producers; whereas for this purpose it is necessary, in              storage contract.
 the medium term, to prohibit enrichment by the                       3.     Long-term storage contracts for table wine
 addition of sucrose and to terminate the system of aid               shall be concluded for a period of nine months.
 to musts used for enrichment and, in the short term,
 to raise the minimum natural alcoholic strength in the
 different wine-growing zones and limit and                      (1) O J N o L 5 4 , 5. 3. 1979, p. 1.
 differentiate the abovementioned aid system on the              (2) OJ N o L 163, 22. 6. 1983, p. 48.
 ---pagebreak--- 15.12. 83                             Official Journal of the European Communities                          No C 338/9
    Long-term storage contracts for grape must,                      application, the amount of aid and the conditions
    concentrated       grape    must      and     rectified          of re-storage shall be adopted in accordance with
    concentrated grape must shall be concluded for a                 the procedure laid down in Article 67.'
    period ending on 15 September following their
    conclusion.
                                                                  5. Article 14 is replaced by the following:
    4. Long-term storage contracts may be
    concluded if the estimates for a wine-growing                     'Article 14
    year show that the quantity of table wine
    available at the beginning of that year exceeds by
    more than four months' consumption the normal                    1. A system of aid is hereby instituted for the
    utilization for that year.                                       use of:
                                                                     — concentrated grape must,
    It may be decided that:                                          — rectified concentrated grape must,
    (a) long-term storage contracts for table wine                   produced in the Community, when they are used
         may be concluded only for table wines to be
                                                                     in order to increase the alcoholic strengths
         determined;
                                                                     referred to in Article 32 of this Regulation and in
    (b) grape must covered by a long-term storage                    Article 8 (2) of Regulation (EEC) No 338/79.
         contract may be processed, wholly or in part,
         into concentrated grape must or rectified
                                                                     2. In order to avoid disturbing the production
         concentrated grape must during the period of
                                                                     potential, the grant of aid may be restricted:
         validity of the contract;
                                                                     — to producers who can prove, in respect of the
    (c) grape must and concentrated grape must
                                                                          grapes or grape must used, that the yield per
         intended for the manufacture of grape juice
                                                                          hectare was not more than a figure to be
         may not be the subject of long-term storage
                                                                          determined, differentiated      if necessary
         contracts.                                                       according to wine-growing zone,
    5. Decisions to permit the conclusions of long-                  — to the use of the products referred to in
    term storage contracts shall be taken in                              paragraph 1 to achieve a maximum increase in
    accordance with the procedure laid down in                            alcoholic strength to be determined, differen-
    Article 67.                                                           tiated if necessary according to wine-growing
                                                                          zone by reference to the characteristics of the
    The same procedure shall be followed:                                 products to be produced.
    (a) for deciding, if justified by the development
         of the market situation and in particular by                 3. The amount of the aid shall be fixed in
         the rate at which contracts are concluded,                   ECU per % vol potential alcoholic strength and
         that long-term storage contracts may no                      per hectolitre of concentrated grape must or
         longer be concluded, even before 15                          rectified concentrated must, taking into account
         February;                                                    the difference between the cost of enrichment by
     (b) for adopting other detailed rules for the                    means of those products and by means of
          application of this Article.'                               sucrose.
                                                                      In order to avoid disturbing the market or
 2. Article 8 is deleted.                                             distorting trade, the amount referred to in the
                                                                      first subparagraph may be differentiated
 3. The second subparagraph of Article 9 (4) is                       according to the wine-growing zone where the
     deleted.                                                          grapes used to make the products referred to in
                                                                      paragraph 1 originated.
 4. Article 10 is replaced by the following:
                                                                       4. The procedure laid down in Article 67 shall
      'Article 10                                                      be followed:
      1. Where the foreseeable size of stocks held by                  — to fix the amount of the aid each year before
     producers at the end of the marketing year and                        31 August
     the prospects for the following harvest indicate                  — to determine the conditions for granting the
     that difficulties may arise in storing that harvest,                  aid, the limitations and differentiations
     it may be decided to grant aid for the re-storage                     referred to in paragraphs 2 and 3 and any
     of table wines which are the subject of long-term                     other arrangements for applying this Article.
     storage contracts.
      2. Detailed rules for the application of                         5. The system referred to in paragraph 1 shall
     paragraph 1, in particular as regards the period of               apply until the 1988/89 marketing year.'
 ---pagebreak--- N o C 338/10                          Official Journal of the European Communities                                 15.12.83
 6. In Article 15:                                                              rules governing increases in         natural
                                                                                alcoholic strength by volume.
    (a) paragraph 6 is replaced by the following:
                                                                           Where necessary, the report referred to in the
         '6.     If the situation on the market in table                   first subparagraph shall be accompanied by
         wine so requires, the measures referred to in                     appropriate proposals.'
         this Article may be restricted:
         — to certain table           wines     determined
                                                                  8. Article 33 (3) is replaced by the following:
              according to type,
         — to one or more wine-growing zones or                       '3.     The addition of sucrose referred to in
              parts of wine-growing zones.';                          paragraph 1 (a) and (b) may be made only:
    (b) paragraph 8 is replaced by the following:                    — by addition of dry sucrose,
         '8.     The Council, acting       by a qualified            — in wine-growing regions where it is
         majority on a proposal from     the Commission,                  traditionally or exceptionally practised in
         shall t adopt general rules      concerning the                   accordance with legislation existing on 8 May
         distillation referred to in      this Article, in                 1970,
         particular:                                                 — until 15 March 1989.'
         — the conditions under which distillation is
              to be carried out,
                                                                  9. Article 39 (2) is replaced by the following:
         — the criteria for fixing the amount of the
              aid, so as to enable the products obtained              '2.     Any natural or legal person or group of
              to be disposed of.'                                     persons, with the exception of the persons
                                                                      and groups referred to in paragraph 4, who has
 7. In Article 32:                                                    made wine shall be required to deliver for
                                                                      distillation all the by-products of the winemaking
    (a) the second subparagraph of paragraph 1 is                     and, if necessary, wine from their own pro-
         replaced by the following:                                   duction.
         'The products referred to in the first sub-                  The quantity of alcohol contained in the products
         paragraph may not have their natural                         delivered for distillation shall be at least equal to
         alcoholic strength by volume increased unless                a percentage to be determined of the volume of
         their minimum natural alcoholic strength by                  alcohol contained in the wine produced. The
         volume is not less than:                                     assessment of that volume shall be made on the
         — 6 % vol in wine-growing zone A, with the                   basis of a standard natural minimum alcoholic
              exception of that part of the zone                      strength by volume laid down for each wine-
              corresponding to the specified regions                  growing year in each wine-growing zone.
              Mosel-Saar-Ruwer, Ahr, Mittelrhein and                  The percentage mentioned in the second sub-
              Moselle luxembourgeoise, for which the                  paragraph may not be more than:
              alcoholic strength is fixed at 5,5 % vol,
                                                                      — 10 % if the wine has been obtained by direct
         — 7 % vol in wine-growing zone B,                                 vinification of grapes,
         — 8 % vol in wine-growing zone C I a),                       — 5 % if the wine has been obtained by
          — 8,5 % vol in wine-growing zone C I b),                         vinification of grape must, partially fermented
          — 9 % vol in wine-growing zone C II,                             grape must or new wine still in fermentation.
          — 9,5 % vol in wine-growing zones C III a)
                                                                       This paragraph may be waived for categories of
               and C III b).';
                                                                       producers to be determined, for certain
     (b) the following paragraph is added:                             production regions and for wines subject to the
          '5.     Before     1   January      [1987]    the            distillation referred to in Article 40.'
          Commission shall present the Council with a
          report on:                                              10. In Article 4 1 :
          (a) the wine production conditions resulting,
               from 1989/90 onwards, from the termi-                   (a) the second subparagraph of paragraph 1 is
               nation of the aid system referred to in                      replaced by the following:
               Article 14 and the prohibition of the                        'However, compulsory distillation shall be
                operation referred to in Article 33 (3);                    decided on only if such distillation does not
                and                                                         entail a disproportionate           administrative
          (b) the conclusions to be drawn from this as                      burden, taking into account the quantity of
                regards the alcoholic strengths by volume                   wine to be distilled calculated in accordance
                of products in the wine sector aftd the                     with paragraph 2.';
 ---pagebreak--- 15.12. 83                         Official Journal of the European Communities                         No C 338/11
    (b) paragraph 2 is replaced by the following:                                    Article 2
        '2. The total quantity to be distilled must          Short-term storage contracts which are being
        be such as to leave foreseeable end-of-year          performed on the date of entry into force of this
        stocks at a level corresponding to five              Regulation shall expire on the date fixed when they
        months' normal utilization calculated for the        were concluded.
        wine-growing year in question.';
    (c) the second indent of the second subparagraph
        of paragraph 3 is replaced by the following:
        '— shall be varied, in order to curb the
            increase in Community production,
            according to the yield per hectare of each                               Article 3
            producer in relation to the normal yield         This Regulation shall enter into force on 1 September
            for the various Community wine-growing           1984.
            zones or parts of zones, taking into
            account the information provided by
            each Member State, and the type of table         This Regulation shall be binding in its entirety and
                                                             directly applicable in all Member States.