CELEX: 31990R3747
Language: en
Date: 1990-12-19 00:00:00
Title: Commission Regulation (EEC) No 3747/90 of 19 December 1990 opening compulsory distillation as provided for in article 39 of Council Regulation (EEC) No 822/87 and derogating for the 1990/91 wine year from certain detailed rules for the application thereof

No L 360/34                            Official Journal of the European Communities                                22. 12. 90
                                    COMMISSION REGULATION (EEC) No 3747/90
                                                   of 19 December 1990
                  opening compulsory distillation as provided for in Article 39 of Council
                  Regulation (EEC) No 822/87 and derogating for the 1990/91 wine year from
                                    certain detailed rules for the application thereof
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      provided for small producers will differ greatly in effect
                                                                 between regions ; whereas both this fact and the difficul­
                                                                 ties that were produced by the introduction of a dual
Having regard to the Treaty establishing the European            exemption arrangement within regions must be taken
Economic Community,                                              into account for the fixing of the minimum quantity for
                                                                 delivery by producers ;
Having regard to the Act of Accession of Spain and               Whereas experience has shown that the fulfilment of a
Portugal, and in particular Article 90 thereof,
                                                                 producer's obligation through the delivery of wine
                                                                 obtained in a region of production other than that of the
                                                                 production of the said wine-grower has contributed to the
Having regard to Council Regulation (EEC) No 822/87 of           imbalance on the market in certain regions ; whereas the
16 March 1987 on the common organization of the                  obligation should be considered as fulfilled only where
market in wine ('), as last amended by Regulation (EEC)          wine delivered and wine which is the subject of the obli­
No 1325/90 (2), and in particular Article 39 (9), (10) and       gation are obtained from the same region ;
( 11 ) thereof,
                                                                 Whereas, in accordance with Article 39 (7) of Regulation
Whereas the data available at present to the Commission,         (EEC) No 822/87, distillers may either receive aid in
and in particular those in the forward estimate for the          respect of the product to be distilled or deliver the
1990/91 wine year, show that a feature of that year is an        product obtained from distillation to the intervention
imbalance on the market for table wine and wine suitable         agency ; whereas the amount of the aid must be fixed on
for yielding table wine ; whereas the conditions laid down       the basis of the criteria laid down in Article 16 of Coiincil
in Article 39 (1 ) of Regulation (EEC) No 822/87 for initi­      Regulation (EEC) No 2046/89 (3) ;
ating compulsory distillation are therefore fulfilled ;
                                                                 Whereas the derogation provided for in the first subpara­
                                                                 graph of Article 39 (10) of Regulation (EEC) No 822/87
Whereas in view of the prices and the desirable level of         was extended for one wine year by Regulation (EEC) No
availabilities at the end of the year, the distillation of        1325/90, whereas the detailed rules relating thereto must
17 950 000 hectolitres of wine appears necessary in the          be extended for the same period ;
Community ;
                                                                 Whereas the measures provided for in this Regulation are
Whereas the experience acquired in the 1987/88                   in accordance with the opinion of the Management
marketing year of the option whereby grape must                  Committee for Wine,
intended for the production after 15 March of products
other than table wine may be deducted from the volume
to be used for determining the quantity of wine to be
delivered for distillation is inadequate for judging the
effect of the measure ; whereas that opinion should be           HAS ADOPTED THIS REGULATION :
made available again in the 1988/89 marketing year so
that its impact can be assessed ;
                                                                                            Article 1
Whereas a large number of small producers of grapes
belong to cooperative wineries or producer groups ;
whereas the articles of association of these organizations       1 . Distillation as provided for in Article 39 (1 ) of Regu­
are such that in certain production regions the delivery         lation (EEC) No 822/87 is hereby decided on for the
obligation provided for in Article 39 of Regulation (EEC)        1990/91 wine year.
No 822/87 falls on the organization as a whole and in
others falls on the producers individually ; whereas in
consequence there is a danger that the exemption                 2.    The total quantity of table wine to be destilled shall
                                                                 be 17 950 000 hectolitres.
(') OJ No L 84, 27. 3. 1987, p. 1 .
0 OJ No L 132, 23. 5. 1990, p. 19.                               (3) OJ No L 202, 14. 7. 1989, p. 14.
 ---pagebreak--- 22. 12. 90                             Official Journal of the European Communities                              No L 360/35
3 . The quantities to be distilled in the regions as             white table, wine of type A I, R I and R II except in
referred to in Article 4 (2) of Commission Regulation            Spain, where the price shall be ECU 0,77,
(EEC) No 441 /88 (') shall be as follows :
— Region 1 :              0 hectolitres,                                                    Article 5
— Region 2 :              0 hectolitres,                         The aid for which the distiller may qualify, as against the
— Region 3 : 1 000 000 hectolitres,                              prices laid down in Article 4, shall be :
— Region 4 : 2 200 000 hectolitres,                              (a) where the product obtained from distillation complies
— Region 5 :        50 000 hectolitres,                                with the definition of neutral spirits as set out in the
— Region 6:14 700 000 hectolitres.                                     Annex to Regulation (EEC) No 2046/89 : ECU 0,36
                                                                       and 0,25 per % vol alcohol per hectolitre.
4. Region 6 as referred to in paragraph 3 shall be
divided into two parts as follows :                              (b) where the product obtained from distillation is wine
                                                                       spirits complying with the quality criteria laid down
— Part A :
                                                                       by national provisions in force : ECU 0,25 and 0,14
     consisting of the Regions of Asturias, the Balearic               per % vol alcohol per hectolitre.
     Islands, Cantabria and Galicia and the provinces of
     Guipuzcoa and Vizcaya,                                      (c) where the product obtained from distillation where it
                                                                       is obtained from white wine of typ A I : ECU 0,25 and
— Part B :                                                             0,14 per % vol alcohol per hectolitre.
     consisting of any territory in Region 6 not included in
     Part A.                                                                                Article 6
The quantities to be distilled in the abovementioned parts
of Region 6 shall be as follows :                                 1 . The price to be paid to the distiller by the interven­
                                                                  tion agency for the product delivered in accordance with
— Part A :              0 hectolitres,                            the second indent of the first subparagraph of Article 39
— Part B : 14 700 000 hectolitres.                               (7) of Regulation (EEC) No 822/87, as against the prices
                                                                  laid down in Article 4, shall be ECU 1,32 and 1,21 per %
                                                                 vol alcohol per hectolitre.
                           Article 2
                                                                 These prices shall apply to neutral spirits complying with
By way of derogation from Article 6 (1 ) of Regulation            the definition as set out in the Annex to Regulation (EEC)
(EEC) No 441 /88 producers many deduct from the                   No 2046/89 .
volume indicated in the first paragraph of that Article
quantities of grape must intended for the preparation of          2. For spirits other than those referred to in paragraph
products other than table wine not yet processed by 15            1 , the prices given in that paragraph shall be reduced by
March, provided that they undertake to process them by            ECU 0,1 1 per % vol alcohol per hectolitre.
31 August. If such processing has not taken place by the
latter date, producers must deliver for compulsory distilla­                                Article 7
tion in the form of wine, a quantity resulting from the
application of the percentage provided for in Article 8 to        The aid for which fortifiers of wine for distillation shall
the quantity of unprocessed must, plus 20 % . That quan­          qualify, as against the prices laid down in Article 4, shall
tity must be delivered by the date fixed by the competent         be :
national authority pursuant to Article 12 (5) of Regulation       — ECU 0,24 and 0,13 per % vol alcohol per hectolitre.
(EEC) No 441 /88.
                                                                                            Article 8
                           Article 3
                                                                  For the purposes of Article 12 ( 1 ) and (2) of Regulation
 By way of derogation from Article 9 (1 ) of Regulation           (EEC) No 441 /88 the obligation shall be deemed to have
(EEC) No 441 /88 the quantity of table wine below which           been fulfilled only where the wine delivered is obtained
 producers are exempted from the obligation to deliver            from the same region as that of the producer's own
 shall be 5 hectolitres except for producers in the regions       production.
 indicated in the first indent in the second subparagraph
 of Article 7 of that Regulation, for whom it shall be 25
 hectolitres.                                                                               Article 9
                                                                  In Article 21 of Regulation (EEC) No 441 /88, ' 1987/ 1988
                           Article 4                              until 1989/ 1990' is replaced by ' 1987/ 1988 until 1990/
                                                                   1991 '.
 Without prejudice to the application of Article 44 of
 Regulation (EEC) No 822/87, the buying-in prices for                                       Article 10
 table wine to be delivered for compulsory distillation shall
 be ECU 0,88 per % vol alcohol and per hectolitre for             This Regulation shall enter into force on the day of its
                                                                   publication in the Official Journal of the European \
 V) OJ No L 45, 18. 2. 1988, p. 15.                                Communities.
 ---pagebreak--- No L 360/36                    Official Journal of the European Communities                        22. 12. 90
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 19 December 1990 .
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission