CELEX: 51984PC0775
Language: en
Date: 1984-12-21
Title: THIRD AMENDMENT TO THE PROPOSAL FOR A COUNCIL REGULATION AMENDING REGULATION ( EEC ) NO 337/79 ON THE COMMON ORGANIZATION OF THE MARKET IN WINE ( COM ( 84 ) 515 FINAL OF 12 SEPTEMBER 1984 )

No C 23/8                             Official Journal of the European Communities                                25.1. 85
               Third amendment to the proposal for a Council Regulation amending Regulation (EEC)
                            No 337/79 on the common organization of the market in wine (')
                                                    COM(84) 775 final
               (Submitted by the Commission to the Council pursuant to the second paragraph of Article
                                      149 of the EEC Treaty on 21 December 1984)
                                                       (85/C 23/07)
1. The following recital is added after the second                  whereas, to take fair account of this, the total
   recital:                                                         quantity of wine for compulsory distillation should
                                                                    be shared between the regions on the basis of the
                                                                    disparity between their respective levels of
   'Whereas the vineyards in wine-growing zone A
                                                                    production for the year and a reference level
   and the German part of wine-growing zone B are
                                                                    calculated on the basis of previous years and
   solely intended for the production of quality wines
                                                                    regarded as compatible with normal consumption
   produced in specified regions; whereas, however,
                                                                    of table wine; whereas the reference level is at
   some of the wine produced, in particular when                    present 85 °/o of average production in the
   yield per hectare exceeds a given level, may not be              preceding three years;
   recognized as quality wine and may be marketed
   as table wine; whereas, to prevent surplus
   quantities of such wine being offered for
                                                                    Whereas, to ensure that this measure is effective,
   intervention and thus augmenting intervention
                                                                    the wine-growing regions should be grouped by
   expenditure to an excessive extent, it is necessary
                                                                    Member State, each being entrusted with
   to limit the quantities eligible for certain types of
                                                                    supervision of and responsibility for                the
   distillation in these zones;'.
                                                                    implementation of the measure;
2. The seventh recital is replaced by the following:
                                                                    Whereas it is fair to share the obligations between
                                                                    producers on the basis of their yield per hectare in
   'Whereas, to enable products used in winemaking                  relation to average yield in the production area,
   to be enriched in the foreseeable future with wine               and to ensure that producers with very low yields
   products instead of sucrose, a very thorough                     are not penalized; whereas differences between
   knowledge going beyond that afforded by the                      wine-growing regions warrant the application of
   studies already made of certain points is required               differing rates to producers in the various regions;
   of all the scientific, technical and economic aspects
   of the problem; whereas the Commission should
   therefore make an exhaustive study of the                        Whereas wine production should not be
   question, followed by a report to the Council and                encouraged in the absence of commercial outlets;
   suitable proposals;'.                                            whereas it therefore appears advisable to lower the
                                                                    buying-in price of wine delivered for compulsory
                                                                    distillation, as its present level seems sufficiently
3. The following recitals are added after the last
                                                                    attractive if not to encourage the creation of new
   recital:
                                                                    vineyards at least to enable old vineyards to
                                                                    survive in the absence of any sales possibilities;'.
   'Whereas the trend of the table wine market in
   recent years calls for measures to allow more
   direct control over production; whereas, further-             4. Article 1 is amended as follows:
   more, surpluses are absorbed primarily through
   compulsory distillation; whereas provision must be
   made for such distillation to be instituted as soon              (a) The following paragraph 3a is inserted:
   as it is clear that the market is in a state of grave
   imbalance and whereas precise criteria must be
   defined for the assessment of such imbalance;                         '3a:     The following Article 15a is inserted:
   Whereas, because of the weather and the impact of
   structural measures, the trend of production may                       "Article 15a
   differ between the regions of the Community;                          With effect from 1988/89, the quantity of
                                                                         table wine produced in wine-growing zone A
0) OJ No C 259, 27. 9. 1984, p. 5.                                       and the German part of wine-growing zone B
 ---pagebreak--- 25.1.85                              Official Journal of the European Communities                           No C 23/9
       which for a given year is eligible for distillation            distillation to absorb production surpluses and
       under Articles 11, 12a and 15, shall be                        thus restore a normal market situation, in
       restricted to 1 million hectolitres.                           particular normal stock levels and prices.
       In years where, because of the weather or the                  3.     The total quantity to be distilled,
       market situation, this restriction is liable to                determined in accordance with paragraph 2,
       cause serious disturbance of the market, the                   shall be shared, before 31 December, between
       Council, acting by a qualified majority on a                   the wine-growing regions of the Community.
       proposal from the Commission, may increase
      the quantity specified in the first paragraph for               The quantity for distillation in each wine-
       the year in question." '                                       growing region shall be proportional to the
                                                                      difference between:
  (b) Paragraph 6 is replaced by the following text:                  — table wine production in the region in the
       '6.    Article 33a is inserted:                                    year in question;
                                                                      — a percentage of the average quantity of
        "Article 33a
                                                                           table wine produced in the region in three
       1.    The Commission shall make a thorough                         reference years.
      study of the question of how to increase
      natural alcoholic strength. The study shall                     Until the end of 1989/90:
      cover the oenological aspects of the permitted                  — the percentage shall be 85;
      methods, and the economic aspects of the use
      of rectified concentrated grape must instead of                 — the reference years shall be           1981/82,
      sucrose.                                                             1982/83 and 1983/84.
      2.     Before the end of 1989/90, the                           From 1989/90 onwards, the percentage and
      Commission shall present to the Council a                       reference years shall be determined by the
      report on the conclusions of the study referred                 Commission.
      to in paragraph 1, together with any appro-                     The Commission shall determine:
      priate proposals.
                                                                      — the percentage on the basis of the
      3.     The study referred to in paragraph 1                         quantities that must be distilled in
      shall be paid for by the Community. The                             accordance with paragraph 2 in order to
      appropriation shall be fixed under the budget                       absorb production surplus for the year in
      procedure. The cost is estimated at 2 million                       question;
      ECU."'
                                                                      — the reference years on the basis of the
                                                                          trend of production, and, in particular, the
  (c) Paragraph 7 is replaced by the following:
                                                                          effects of grubbing-up measures.
      7.      Article 41 is replaced by the following:
                                                                      4.     The quantity for distillation in each
       "Article 41                                                    production area, determined in accordance
                                                                      with paragraph 3, shall be shared between
       1.    Where, in respect of a given wine year,
                                                                      table wine producers in the region concerned.
      the table wine market is in a state of grave
      imbalance, compulsory distillation of table                     The quantity for distillation for producers
      wine shall be instituted:                                       subject to compulsory distillation shall be equal
                                                                      to a percentage of their production of table
      A state of grave imbalance shall be deemed to                   wine. This percentage shall be fixed according
      exist where:                                                    to the yield per hectare of each producer in
      (a) foreseeable end-of-year stocks exceed a                     relation to the average yield obtained in the
           level corresponding to four months of                      wine-growing area. It may vary between
           normal utilization;                                        regions according to yields obtained in the
                                                                      past. It may be nil for producers whose yields
      (b) production exceeds the level of normal                      per hectare are less than 40 % of the average
           utilization by more than 9 % ;                             yield in the wine-growing region concerned.
      (c) representative prices for table wines of                    The quantity of table wine to be delivered for
           type AI or type RI remain, for a period to                 distillation by each producer shall be equal to
           be determined, below 82 % of the guide                     that determined in accordance with the third
           price.                                                     subparagraph, minus the quantity of table wine
                                                                      or wine suitable for yielding table wine
      2.     The Commission shall fix the quantities                  delivered for distillation as referred to in
      that are to be delivered for compulsory                         Article 11.
 ---pagebreak--- No C 23/10                            Official Journal of the European Communities                               25.1.85
      5.     The buying-in price for the table wines to                7.    The Council, acting by a qualified
      be delivered for compulsory distillation in                      majority on a proposal from the Commission,
      excess of the quantities delivered for                           shall adopt general rules for the application of
      distillation as referred to in Article 11 shall be               this Article. These rules shall include:
      as follows for 1985/86, 1986/87 and 1987/88:                     — the conditions under which distillation is to
      — 50 % of the guide price for each type of                           be carried out;
          table wine for the first 10 million                          — the criteria for determining the amount of
          hectolitres;                                                     aid which will enable the products obtained
                                                                           to be disposed of;
      — 40 % of the guide price for quantities
          exceeding the quantity referred to in the                    — the criteria for fixing the buying-in prices
          first indent.                                                    of the products of distillation which can be
                                                                           taken over by the intervention agencies.
      The buying-in price referred to in the first
      indent shall also apply to wines in a close                      8.    The following shall be adopted in
      economic relationship with each of the types                     accordance with the procedure laid down in
      of table wines. The price paid by the distiller                  Article 67:
      may not be lower than the buying-in price.                       — the decision to carry out the distillation
                                                                           referred to in paragraph 1;
      6.     Under the distillation operation referred
      to in this Article, the distiller may:                           — the total quantity to be distilled, as referred
                                                                           to in paragraph 2;
      — either receive aid in respect of the product
                                                                       — the determination of production regions,
          to be distilled, provided that the product
                                                                           the fixing of the percentage and the
          obtained from distillation has an alcoholic
                                                                           reference years, and the regional allocation
          strength of at least 52 % vol;
                                                                           of the quantities to be distilled, as referred
      — or deliver the product obtained from                               to in paragraph 3, grouped by Member
          distillation to the intervention agency,                         State;
          provided that it has an alcoholic strength                   — the yield per hectare and the percentages
          of at least 92 % vol.                                            referred to in paragraph 4;
      However:                                                         — the prices and the amount of the aids
                                                                           referred to in paragraph 6 and other
     — the Member States may stipulate that their                          detailed rules for the application of this
          intervention agencies will not buy in the                        Article.
          product referred to in the second indent of
                                                                       The same procedure shall be followed, in
          the first subparagraph;
                                                                       particular so as to alleviate the administrative
     — if the table wine has been processed into                       burden arising from the application of this
          wine fortified for distillation before                       Article, for the adoption of measures granting
          delivery for distillation, the aid referred to               total or partial exemption from the obligation
          in the first indent of the first subparagraph                referred to in paragraph 4 in the case of
          shall be paid to the manufacturer of the                     producers who have obtained, or are to
          wine fortified for distillation and the                      deliver, in the course of the wine year in
          product of the distillation may not be                       question, a quantity of wine which is less than
          delivered to the intervention agency.                        a quantity to be determined.
     A buying-in price of the other products of                        9.    Before the end of the 1989/90 wine year,
      distillation which can be taken over by the                      the Commission shall submit to the Council a
      intervention agency shall be fixed on the basis                  report outlining, in particular, the effect of the
      of the buying-in price referred to in the third                  structural measures applicable in the wine
      subparagraph but varied to take account, in                      sector and, where appropriate, proposals to
      particular, of the costs necessarily entailed in                 repeal or replace the provisions of this Article
      processing the relevant products into neutral                    by other measures designed to maintain the
      spirits.                                                         balance of the wine market." '