CELEX: 51984PC0020(32)
Language: en
Date: 1984-01-24
Title: PROPOSAL FOR COUNCIL REGULATION ( EEC ) OF AMENDING REGULATION ( EEC ) N. 337/79 ON THE COMMON ORGANIZATION OF THE MARKET OF WINE

5. 3. 84                              Official Journal of the European Communities                          No C 62/29
                          Article 2                                It shall apply from 1 September 1984.
 This Regulation shall enter into force on the third              This Regulation shall be binding in its entirety and
 day following its publication in the Official Journal            directly applicable in all Member States.
 of the European Communities.
              Proposal for a Council Regulation amending Regulation (EEC) No 337/79 on the
                                         common organization of the market in wine
                                                        (84/C 62/30)
THE COUNCIL OF THE EUROPEAN                                       concluding contracts for delivery into preventive
COMMUNITIES,                                                      distillation, thus jeopardizing the market; whereas
                                                                  these measures must be kept separate if they are to
Having regard to the Treaty establishing the Euro-                fulfil their purpose of improving the market situa-
pean Economic Community, and in particular                        tion; whereas the buying-in price for wines
Article 43, thereof,                                              delivered for preventive distillation should be fixed
                                                                  at 65 % of the guide price, in order that the measure
Having regard to the proposal from the Commis-                    should possess the desired incentive effect;
sion,
                                                                  Whereas in years where there is a surplus the results
Having regard to the opinion of the European Par-                 achieved by preventive distillation play a major role
liament,                                                          in establishing balance on the market at the begin-
                                                                  ning of the marketing year; whereas steps should be
                                                                 taken to ensure that all the quantities of wine cov-
Having regard to the opinion of the Economic and                 ered by delivery contracts are distilled; whereas
Social Committee,                                                therefore, where high-price distillation as referred to
                                                                  in Article 15 of Regulation (EEC) No 337/79 is
Whereas experience has shown that the ratio                      decided upon, provision should be made for restrict-
between the guide price and the activating price                  ing it to producers who have concluded contracts or
referred to in Articles 2 and 3 respectively of Coun-            made declarations of delivery for preventive distilla-
cil Regulation (EEC) No 337/79 ('), as last                      tion;
amended by Regulation (EEC) No 1595/83 (2), has
remained fairly steady from one year to another;                  Whereas the fourth subparagraph of Article 17 (1) of
whereas the buying-in price for wine delivered for                Regulation (EEC) No 337/79 lays down that, where
the various distillation operations is a percentage of            wines are presented in containers of two litres or
the guide price fixed by the Council, and whereas,                less, the reference price is to be increased; whereas
therefore, instead of activating prices being fixed               in order for this measure to achieve its purpose the
annually, an appropriate constant ratio between the               price should also be increased where the wine is pre-
two prices should be laid down;                                   sented in containers of somewhat more than two
                                                                  litres; whereas provisions should also be made for
Whereas the second subparagraph of Article 11 (2)                 altering the reference price for those regions of the
of Regulation (EEC) No 337/79 lays down that the                  Community whose distance involves additional
buying-in price for wine delivered for preventive                 costs in bringing Community wines to the same
distillation as provided for in that Article is to be             marketing stage as imported wine;
raised from 60 to 65 % of the guide price where com-
pulsory distillation as referred to in Article 41 has
                                                                  Whereas, in order to make it possible to assess the
not been decided upon; whereas the last two wine                  yield per hectare of each wine producer, as laid
years have shown that the uncertainty as to whether               down in Article 41 (3) of Regulation (EEC) No
distillation as referred to in Article 41 would be                337/79, even where the producer makes the wine
decided upon has tended to deter producers from                   from grapes which he has bought in, producers of
 (') OJNoL54, 5. 3. 1979, p. 1.                                   grapes for vinification should also be required to
 (2)  OJ No L 163, 22. 6. 1983, p. 48.                            submit the annual harvest declaration;
 ---pagebreak---  No C 62/30                         Official Journal of the European Communities                                5.3.84
Whereas the present table grape production poten-             Whereas certain wines having characteristics differ-
tial exceeds requirements and the ban on new plant-           ent from Community wines may be of value in mak-
ing should therefore be extended to all vines;                ing sparkling wines; whereas, however, there should
whereas the exception made to the ban for areas for           be an exhaustive list of the grape varieties and
the production of quality wines produced in speci-            regions from which such wines may come;
fied regions should be restricted to wines for which,
by virtue of their specific quality, likely demand is         Whereas systematic exclusion from disposal for con-
 much higher than potential supply;                           sumption is justified only in cases where the quality
                                                              of the wine is in jeopardy or where the consumer's
                                                               health is at risk; whereas provision should, however,
Whereas, in order not to penalize producers growing           be made for measures in respect of the sanctions
varieties which are authorized temporarily, the time          applicable in all other cases;
limit for eliminating these varieties should be
changed;                                                      Whereas after a period of rapid change in technol-
                                                              ogy and in methods of analysis, enough is now
                                                              known about rectified concentrated must for it to be
Whereas experience shows that in certain zones of             defined more closely; whereas, moreover, a greater
production the acidification of wine is often a               degree of precision should be ensured in the use of
necessity; whereas, moreover, as additional acidifi-          certain terms and definitions, in order to ensure that
cation pursuant to Article 34 (2) of Regulation               the consumer is better informed,
(EEC) No 337/79 has to be carried out rapidly
during the harvest, responsibility for the decision to
have recourse to it should be transferred to the
Member States, subject to the provisions of the said
Regulation;
                                                               HAS ADOPTED THIS REGULATION:
Whereas technical developments in the treatment of
lees have enabled certain problems of cellarage
                                                                                        Article 1
techniques to be resolved and now provide condi-
tions responding better to health requirements;
whereas the new techniques may be authorized,                  Regulation (EEC) No 337/79 is hereby amended as
since in any case compulsory distillation under                follows:
Article 39 of Regulation (EEC) No 337/79 concerns                1. Article 3 is replaced by the following:
only a very small volume, and this ensures that the
measure will have the intended effect;                               'Article 3
                                                                     A threshold price activating the intervention
Whereas experience over recent years has shown                       system, hereinafter called "activating price",
that the by-products of wine making must meet cer-                   shall apply for each wine year to each type of
tain minimum requirements if they are to be eco-                     wine for which a guide price is fixed. It shall be
nomically useable in the distilling industry; whereas                valid at the same stage as the guide price. For
these minimum requirements should be laid down;                      each type of table wine it shall be 93 % of the
whereas that will enable the definitions of grape                    guide price'.
marc and wine lees to be simplified;
Whereas, in order to avoid difficulties of interpre-            2. Article 11 (1) and (2) is replaced by the follow-
tation, the procedures for laying down rules dispos-                ing:
ing of alcohol referred to in Article 40a of Regula-
tion (EEC) No 337/79 should be set out more pre-                    '1. When necessary, having regard to harvest
cisely; whereas the sectors to which alcohol may be                 forecasts or in order to improve the quality of
disposed of should also be more closely defined;                    products put on the market, preventive distilla-
                                                                   tion of table wines and wines suitable for yield-
                                                                    ing table wines may be decided upon during
                                                                    each wine year, from 1 September until a date to
Whereas experience shows that it is necessary to                    be determined.
define more precisely the factors concerning the
volume of availabilities on the basis of which com-                 2. The buying-in price for wines delivered for
pulsory distillation as referred to in Article 41 of                distillation under paragraph 1 shall be:
 Regulation (EEC) No 337/79 is decided upon or
 not, and the factors on the basis of which the quan-              — 65 % of the guide price for each type of
tities to be distilled are calculated;                                   wine fixed for the year concerned, for table
 ---pagebreak--- 5. 3. 84                            Official Journal of the European Communities                            No C 62/31
           wines of these types and table wines having                   quality wines psr for which the likely long-
           a close economic relationship therewith,                      term demand is well in excess of potential
                                                                         supply.'
      — 65 % of the guide price for table wine of
          type A I fixed for the year concerned, for
           wines suitable for yielding table wine.             7. Article 31 (3) (b) is replaced by the following:
      The price paid by the distiller may not be lower             '(b) vine varieties classified as temporarily
      than the buying-in price.'                                        authorized after 31 December 1976 must be
                                                                        completed within 25 years from the date on
                                                                        which the variety was thus classified.'
 3. In Article 15 the following paragraph 2a is
     added:                                                     8. In Article 34:
      '2a Entitlement to distillation as referred to in             — paragraph 2 is replaced by the following:
     paragraphs 1 and 2 above may be restricted to
     producers who, during the same wine year, have                      '2. In years when climatic conditions have
     delivered wine for distillation as referred to in                   been exceptional, Member States may
     Article 11.'                                                        authorize:
                                                                         — additional acidification up to a limit of
                                                                              1,50 g/1 expressed in tartaric acid, or 20
 4. The fourth subparagraph of Article 17 (1) is                             milliequivalents per litre for the prod-
     replaced by the following:                                              ucts referred to in paragraph 1 originat-
                                                                             ing in zones C II, C III (a) and C III
     'Where wines are presented in containers of:                            (b),
     — two litres or less,                                              — acidification of the products referred to
                                                                             in paragraph 1 in wine-growing zones
     — more than two litres but not more than 20                             C I (a) and C I (b), under the conditions
          litres.                                                            referred to in paragraph 1 as regards
                                                                             zones C II, C III (a) and C III (b),
     The reference price shall be increased by a fixed
     amount corresponding to the normal packaging                       — partial deacidification of wine             for
     costs. The reference price may be varied for                            wine-growing zones A, B, C I (a),       CI
     regions of the Community whose distance from                            (b), C II and C III (a), provided that  the
     the regions of production leads to an increase in                       deacidification is carried out in       the
     the cost of bringing Community wines to the                             installations of the person who used    the
     same marketing stage as imported wines.'                                grapes and grape must from which        the
                                                                             wine originated.';
                                                                   — paragraph 4 and 5 are replaced by the fol-
 5. Article 28 (1) (a) is replaced by the following:                    lowing:
     '(a) Producers of grapes for wine making and                       '4. Wine originating from wine-growing
          producers of must and wine shall declare                      zones C II, C III (a) and C III (b) may be
          each year the quantities produced from the                    carried out only subject to an upper limit of
          last harvest.'                                                 1 g/1 expressed in tartaric acid, or 1,33 mil-
                                                                        liequivalents per litre.
                                                                        5. The derogations referred to in para-
 6. In Article 30:                                                      graph 3 and other detailed rules for the
                                                                        application of this Article shall be adopted
     — paragraph 1 is replaced by the following:                        in accordance with the procedure laid down
                                                                        in Article 67.'
          '1. Except in the cases referred to in the
          first subparagraph of paragraph 2, all new
          planting of vines shall be prohibited until
          30 November 1986.'                                    9. In Article 36:
      — the following is added to the first subpara-                — the first subparagraph of paragraph 1 is
          graph of paragraph 2:                                          replaced by the following:
           'The authorizations referred to in the first                  '1. None of the processes referred to in
           indent above may be granted only for                          Articles 33 and 34, except that referred to in
 ---pagebreak--- No C 62/32                          Official Journal of the European Communities                                5.3.84
         Article 34 (4), shall be authorized unless car-       11. Article 40a is replaced by the following:
         ried out as a single operation at the time
         when the fresh grapes, grape must, grape                   'Article 40a
         must in fermentation or new wine still in
         fermentation are being turned into wine                   Disposal of the products of the distillation oper-
         suitable for yielding table wine or into table            ations referred to in Articles 39 and 40 held by
         wine, and in the wine-growing zone where                  the intervention agencies shall be governed by
         the fresh grapes used have been harvested.                rules intended to avoid any disturbance of the
         The same shall apply to the concentration,                markets in alcohol and spirituous beverages
         acidification and deacidification of wine                 produced in the Community.
         suitable for yielding table wines. The con-               The Council, acting by a qualified majority on a
         centration, acidification and deacidification             proposal from the Commission, shall adopt the
         of table wines must take place in the wine-               rules referred to in the first subparagraph.
         growing zone where the fresh grapes used                  If application of the rules referred to in the first
         were harvested.';                                         subparagraph does not ensure disposal of the
                                                                   products referred to in the same subparagraph,
                                                                   measures ensuring their disposal in sectors or
                                                                   for end-users excluding any disturbance of the
    — the first indent of the second subparagraph                  markets in alcohol and spirituous beverages
         of paragraph 2 is replaced by the following:              produced in the Community shall be adopted in
                                                                   accordance with the procedure laid down in
                                                                   Article 67.
        '— concentration by cooling and acidifica-                 The end-users referred to in the third subpara-
              tion as referred to in Article 34 (4) may            graph shall include use as fuel.
              be practised throughout the year.'                   The cost of these measures shall be borne by the
                                                                   Guarantee Section of the European Agricultural
                                                                   Guidance and Guarantee Fund.'
10. Article 39 is amended as follows:
    — in paragraph 1, the following subparagraph
         is inserted after the first subparagraph:             12. In Article 41:
         'The filtering and centrifuging of lees shall             — the following subparagraph is added to para-
         not be considered as overpressing.':                           graph 1:
                                                                        'In calculating availabilities at the begin-
                                                                        ning of the wine year, as referred to in the
    — The following is added to paragraph 3:                            first subparagraph, account shall be taken
                                                                        of the quantities to be distilled under Arti-
        'Grape marc and wine lees delivered for dis-                    cles 11 and 12a.';
        tillation must meet certain minimum stan-
        dards to be determined. Where the stan-                    — the following subparagraph is added to
        dards are not met, the marc and lees shall,                     paragraph 2:
        by way of derogation from the first subpara-
        graph, be disposed of by delivery to a pro-                     'To this quantity shall be added that subject
        cessing establishment other than a distillery                   to preventive distillation as referred to in
        or by destruction under supervision.';                          Article 11.';
                                                                   — the third subparagraph of paragraph 3 is
    — paragraph 8 is replaced by the following:                         replaced by the following:
        '8. The amount of aid, the prices and the                       "The quantity of table wine to be delivered
        proportion of expenditure referred to in para-                  for distillation by each producer shall be
        graph 7 shall be fixed in accordance with                       equal to that determined in accordance with
        the procedure laid down in Article 67.                          the second subparagraph minus the quant-
                                                                        ity of table wine or wine suitable for yield-
        Detailed rules for the application of this                      ing table wine delivered for distillation as
        Article, the standard natural alcoholic                         referred to in Article 11.';
        strength by volume referred to in para-
        graph 2 and the minimum standards to be                    — paragraph 4 is replaced by the following:
        met by marc and lees referred to in para-
        graph 3 shall be adopted in accordance with                     '4. The buying-in price for the quantity of
        the same procedure.'                                            table wine to be delivered for distillation
 ---pagebreak--- 5. 3. 84                             Official Journal of the European Communities                           No C 62/33
           under paragraph 1, in excess of that                        thereof, shall be adopted in accordance with
           delivered for distillation as referred to in                the same procedure.'
           Article 11, shall be 60% of the guide price
           for each type of table wine. This price shall
           also apply to wines in a close economic
           relationship with each of the types of the
           table wine. The price paid by the distiller
           may not be lower than the buying-in price.'
                                                               18. In Annex II:
13. Article 46 (3) is deleted.                                     — point 5a is replaced by the following:
14. In Article 48 (2) and the second subparagraph                      '5a. Rectified concentrated grape must,
     of Article 48 (3) (a) 'aerated sparkling wine' and                the liquid uncaramelized product which:
     'aerated semi-sparkling wine' are replaced by
     'sparkling wines with added carbon dioxide'
     and 'semi-sparkling wines with an added carbon                     — is obtained by partial dehydration of
     dioxide' respectively.                                                  grape must carried out by any author-
                                                                             ized method other than direct heat in
15. The following Article 48a is inserted:                                   such a way that the figure indicated by
                                                                             a refractometer (used in accordance
      'Article 48a                                                           with the method perscribed in Annex
                                                                             III to Regulation (EEC) No 516/77) at
     Imported wine which may be used for making                              a temperature of 20 °C is not less than
     sparkling wine must come from vine varieties                            70,5%; Member States may, however,
     and wine-growing regions giving it characteris-                         allow a different figure for products
     tics which differentiate it from Community                              used within their territory, provided it is
     wine.                                                                   not lower than 51,9 %,
     A list of the wine varieties and regions referred
     to in the first subparagraph shall be drawn up in
     accordance with the procedure laid down in                         — has undergone authorized treatment
     Article 67.'                                                            for deacidification and elimination of
                                                                             constituents other than sugar,
16. Article 49 (2) (b) is replaced by the following:
                                                                        — has:
      '(b) where the variety in question has been clas-
           sified as temporarily authorized after
           31 December 1976, for a period of 25 years                   — total acidity expressed as tartaric acid
            from the date the variety was so classified.'                    of not more than 0,75 g/kg of total
                                                                             sugars,
17. In Article 51:
                                                                        — a total cation content of not more than
     — the first subparagraph of paragraph 1 is
                                                                             5 milliequivalents/kg of total sugars;
           replaced by the following:
           '1. Unless otherwise decided by the Coun-                    — a sucrose content of not more than
           cil acting by a qualified majority on a pro-                      0,2 g/kg of total sugars,
           posal from the Commission, products fall-
           ing within heading Nos 22.04 and 22.05 of
           the Common Customs Tariff, whether                           — an ethanol content of not more than
           imported or not, which have undergone                             25 mg/kg of total sugars,
           oenological practices not allowed by Com-
            munity rules or, where such rules do not                    — a sulphur dioxide content of not more
            exist, by national rules, may not be offered                      than 10 mg/kg of total sugars,
            or disposed of for direct human consump-
            tion.';
                                                                        — a hydroxymethylfurfural content of not
      — the following subparagraph is added to                                more than 0,5 g/kg of total sugars,
            paragraph 2:
                                                                        — a pH of not more than 5,
            'The measures to be taken concerning wines
            not complying with the provisions of this
            Regulation, other than those referred to in                 — an optical density at 425 nm under a
            the first subparagraph of paragraph 1, or                         thickness of 1 cm of not more than
            provisions adopted in implementation                              0,100,
 ---pagebreak--- No C 62/34                           Official Journal of the European Communities                                 5. 3. 84
         — a conductivity of not more than 100                        — in point 16, 'aerated semi-sparkling wine' is
              micro Siemens x c m - 1 . ' ;                               replaced by 'semi-sparkling wine with
                                                                          added carbon dioxide';
         point 13 is replaced by the following:
                                                                      — point 18 is replaced by the following:
         '13. Sparkling wine: saving the derogation
         provided for in Article 48 (3), the product                       '18. Wine lees: the muddy residue accumu-
         which is obtained by first or second alco-                       lating in wine vessels after fermentation or
         holic fermentation:                                               during the storage of wine, dried or not.';
         — of fresh grapes,                                           — point 19 is replaced by the following:
         — of grape must,                                                  '19. Grape marc: the residue from the press-
                                                                           ing of grapes, whether or not fermented.';
         — of wine,
                                                                      — in point 21 the maximum volatile acidity of,
         all suitable for yielding table wine,                             '2,40 g/T is replaced by '1,50 g/T.
         — of table wine,                                        19. In Annex III, point 2 in the fourth indent of
                                                                      (m), the parentheses are deleted; (n) is deleted.
         — of quality wine psr,
         — or, under the conditions referred to in
              Article 48a, imported wine which, when                                      Article 2
              the container is opened, releases carbon
              dioxide derived exclusively from fer-
                                                                This Regulation shall enter into force on the third
              mentation and which has an excess
                                                                day following its publication in the Official Journal
              pressure, due to carbon dioxide in solu-
                                                                 of the European Communities.
              tion, of not less than 3 bar when kept at
              a temperature of 20 °C in closed contai-
              ners.';                                            It shall apply with effect from 1 September 1984.
         in point 14, 'aerated sparkling wine' is
         replaced by 'sparkling wine with added car-            This Regulation shall be binding in its entirety and
         bon dioxide';                                          directly applicable in all Member States.
              Proposal for a Council Regulation fixing certain prices and other amounts applicable in
                             the fruit and vegetables sector for the 1984/85 marketing year
                                                       (84/C 62/31)
THE COUNCIL OF THE EUROPEAN                                      last amended by Regulation (EEC) No              and in
COMMUNITIES,                                                     particular Article 16(1) thereof,
Having regard to the Treaty establishing the Euro-               Having regard to Council Regulation (EEC)
pean Economic Community, and in particular                        No 2511/69 of 9 December 1969 laying down
Article 43 thereof,                                              special measures for improving the production and
                                                                 marketing of Community citrus fruit (2), as last
                                                                 amended by Regulation (EEC) No 2004/83 (3), and
Having regard to the 1979 Act of Accession, and in               in particular Article 7 thereof,
particular Article 72 (1) thereof,
                                                                 Having regard to the proposal from the Commis-
                                                                 sion,
Having regard to Council Regulation (EEC)
                                                                  Having regard to the opinion of the European Par-
No 1035/72 of 18 May 1972 on the common organ-
                                                                 liament,
ization of the market in fruit and vegetables ( l ), as
                                                                  (2) OJ No L 318, 18. 12. 1969, p. 1.
(')  OJ No LI 18, 20. 5. 1972, p. 1.                              (3) OJ No L 198, 21.7. 1983, p. 2.