CELEX: 51979PC0237
Language: en
Date: 1979-05-18
Title: AMENDING TO THE AMENDED PROPOSAL FOR A COUNCIL REGULATION ON THE COMMON ORGANIZATION OF THE MARKET IN ETHYL ALCOHOL OF AGRICULTURAL ORIGIN AND LAYING DOWN ADDITIONAL PROVISIONS FOR CERTAIN PRODUCTS CONTAINING ETHYL ALCOHOL

31. 7. 79                        Official Journal of the European Communities                                   N o C 193/5
                                                             II
                                                     (Prepa ratory A cts)
                                              COMMISSION
          Amendment to the amended proposal for a Council Regulation on the common organi-
          zation of the market in ethyl alcohol of agricultural origin and laying down additional
                              provisions for certain products containing ethyl alcohol (')
          (Submitted     by the Commission to the Council pursuant to the second paragraph of Article
                                         149 of the EEC Treaty on 22 May 1979)
                                                                 I.
               Amendments to the recitals
               T h e eighth and twenty-fourth recitals are deleted.
                                                                II.
               Amendments to the Articles
          A. Article 1
               Article 1 (1) and (2) is amended to read as follows:
                                                            Article 1
                                                        Products covered
               1.      This Regulation shall apply to the following products:
                   CCT heading N o                                     Description
              (a) 22.08 A I              Denatured ethyl alcohol of any strength, of agricultural origin
                    22.08 B I            Undenatured ethyl alcohol of a strength of 80° or higher, of agri-
                                         cultural origin
                    22.09 A I            Undenatured ethyl alcohol of a strength of less than 80°, of agri-
                                         cultural origin
              (b) 22.07B l i b )         Other fermented beverages (e.g., cider, perry and mead), other, still,
                                         of an actual alcoholic strength by volume exceeding 15 % vol
              (c) 20.06Bib)              Fruit otherwise prepared or preserved, other, containing added spirit,
                                         with an actual alcohol content exceeding 11-85 % mas
          (') O J N o C 3 Q 9 , 31.12. 1976, p. 2.
 ---pagebreak--- N o C 193/6                            Official Journal of the European Communities                                   31.7. 79
                     CCT heading N o                                   Description
                      22.05 C IV a) 2
                                          Wine fortified for distillation, within the meaning of Additional
                      and
                                          Note 4 b to Chapter 22
                      22.05 C IV b) 3
                      22.05 C V           Wine of fresh grapes; grape must with fermentation arrested by the
                                         •addition of alcohol, other, of an actual alcoholic strength by volume
                                          exceeding 22 % vol
                  (d) 22.09 B             Compound alcoholic preparations (known as 'concentrated extracts')
                                          for the manufacture of beverages
                      22.09 C             Spirituous beverages
                  (e) 22.06               Vermouths, and other wines of fresh grapes flavoured with aromatic
                                          extracts
    2.    This Regulation establishes in respect of the                      rationalize    the    Community       production
    products specified in paragraph 1:                                       potential;
   — under (a) and (b), a common organization of                        (b) the yield;
        the market in ethyl alcohol of agricultural
                                                                        (c) the receipts of distillers from the sale of the
        origin,
                                                                             by-products of distillation.
    — under (c), rules supplementing the provisions
                                                                        For each alcohol-producing agricultural product
        applicable to these products in connection with
                                                                        which is covered by an intervention system under
        the respective common organizations of the
                                                                        a c o m m o n market organization, the price to be
        market in fruit and vegetables and in wine,
                                                                        taken into consideration may not exceed the
   — under (d) and (e), rules concerning conditions                     intervention, withdrawal or activating price or the
        for marketing and arrangements governing                        minimum price applicable under that system.
        trade and the possible introduction of an
                                                                        T h e target prices shall be so fixed as not to lead to
        intervention and price system.'
                                                                        increased production as long as the production
                                                                        cost of such alcohol is not competitive with the
B. Article 3                                                            market price for synthetic alcohol.
    Article 3 is amended to read as follows:
                                                                       3.     By way of derogation f r o m paragraph 2, the
                                                                       target price for alcohol obtained f r o m wine under
                            'Article 3                                 the intervention measures in the wine sector shall
                                                                       be fixed at the level of the selling price for the
                          Target prices                                oral consumption sector referred to in Article
                                                                        10 (2).
    1.    A target price shall be fixed for each type of
    ethyl alcohol of agricultural origin. T h e target                  4.     Special target prices may be fixed by
    prices shall be valid for unpackaged goods of a                     reference to the size of the distillery during an
    standard quality, ex-factory, loaded on the means                   adjustment period in the course of which the
    of transport chosen by the purchaser. T h e y shall                 exercise of such option shall be progressively
    be fixed for one marketing year. ' M a r k e t i n g year'          reduced. This period may not exceed 10 years.
    means the period running f r o m 1 July of one year
    to 30 June of the next.
                                                                        5.     T h e standard qualities and the target prices
                                                                        shall be fixed annually before 1 J a n u a r y for the
    2.    T h e target prices shall be determined by                    following marketing year. T h e y shall be fixed in
    reference to the price of the corresponding                         accordance with the procedure laid down in
    alcohol-producing agricultural product and to                       Article 43 (2) of the Treaty.'
    fixed amounts, valid throughout the Community,
    representing:
                                                                    C. Article 4
    (a) the processing margin, established in the light
         of the need progressively to modernize and                     Article 4 is amended to read as follows:
 ---pagebreak--- 31. 7. 79                                          Official Journal of the E u r o p e a n C o m m u n i t i e s                               N o C 193/7
                                          'Article 4                                     marketing year, within the limits of the target
                                                                                         quantity.
                               Marketing guarantee
                                                                                         5.       T h e target quantities and the g u a r a n t e e d
    1.        A limited quantity of ethyl alcohol of agri-
                                                                                         quantities shall be fixed in a c c o r d a n c e with the
    cultural origin p r o d u c e d in the C o m m u n i t y shall
                                                                                         p r o c e d u r e laid d o w n in Article 43 (2) of the
    be g u a r a n t e e d an outlet on the C o m m u n i t y
                                                                                         Treaty.
    market            in       accor d a n c e      with    the     following
    provisions.
                                                                                         6.        Detailed rules for the application of this
    2.        Every three marketing years b e f o r e the first                          Article, including the adjustments referred to in
    of J a n u a r y preceding the end of the third of such                              p a r a g r a p h 4, shall be a d o p t e d in a c c o r d a n c e with
    marketing year and f o r the first time b e f o r e                                  the p r o c e d u r e laid d o w n in Article 35.'
    1 April 1980, a target quantity shall be fixed f o r
    each type of ethyl alcohol of agricultural origin. It
                                                                                   D. Article 6
    shall be valid f o r the whole of the period covering
    the five marketing years following the date on                                       T h e w o r d s ' o t h e r than         molasses      alcohol'      in
    which it is fixed.                                                                   p a r a g r a p h 1 are deleted.
    T h e target quantity shall be calculated on the basis
    of the quantities p r o d u c e d d u r i n g the five
    preceding marketing years, and of prospects in the                             E. Article          7
    reserved             sectors        over       the    five subsequent                This Article is deleted.
    marketing years.
    However:
                                                                                   F. Article          10 (2)
    — f o r the types of ethyl alcohol of agricultural
           origin           obtained            from     alcohol-producing               A second subparagraph to be a d d e d :
           p r o d u c t s o t h e r than molasses and those in                          'In the case of the pharmaceutical, p e r f u m e r y and
           respect of which distillation measures have                                   cosmetics sectors the sale price referred to in
           been implemented u n d e r the relevant c o m m o n                           paragraph            1 shall         be    fixed     taking        into
           m a r k e t o r g a n i z a t i o n , the target quantity shall               consideration the market price of synthetic
           be equal to the total p r o d u c e d in the five                             alcohol.'
           preceding marketing years;
    — f o r molasses alcohol, the target quantity shall
           be based on the quantities of that type of                              G. Article 17
           alcohol marketed over the five preceding
                                                                                         This Article is deleted.
           m a r k e t i n g years in the reserved sectors
           specified in Article 9 (1).
    3.        A g u a r a n t e e d quantity valid f o r the following             H . Article 24
    marketing year shall be fixed annually b e f o r e
     1 J a n u a r y f o r each type of ethyl alcohol of agri-                           P a r a g r a p h 3 is a m e n d e d to read as follows:
    cultural origin.
                                                                                             '3.        T h e supplementary levy applicable to the
    T h e g u a r a n t e e d quantity must be established                                   products specified in Article 1 (1) (b), (c) and
    within the limits of the target quantity fixed f o r                                     (e) shall be determined by reference to the
    the particular type of alcohol. It shall be                                              alcohol content and t o the c o m p o n e n t referred
    determined by reference in particular to the                                             to in p a r a g r a p h 2 (a). It shall be applied to an
     quantities actually produced and sold d u r i n g the                                   alcohol content exceeding an actual alcoholic
     marketing years preceding the period u n d e r                                          strength of:
     consideration and to the p r o d u c t i o n and sales
                                                                                              —      15 % vol, in respect of the p r o d u c t s
     prospects in the current marketing year f o r the
                                                                                                     specified in Article 1 (1) (b) and (e),
     alcohol-producing                      agricultural      product       or
     p r o d u c t s in question.                                                             —      18 % vol, in respect of wines fortified f o r
                                                                                                     distillation,
     4.        T h e guaranteed quantities relating to those
                                                                                              — 22 % vol, in respect of the o t h e r wines
     a l c o h o l - p r o d u c i n g agricultural p r o d u c t s in respect
                                                                                                     specified in Article 1 (1) (c),
     of        which          distillation         measures      have    been
     implemented u n d e r the relevant c o m m o n m a r k e t                               —      11 - 85 % mas in the case of p r o d u c t s falling
     organization may be adjusted at the end of the                                                  within C C T subheading 20.06 B I.'
 ---pagebreak---  N o C 193/8                                  Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                             31. 7. 79
 I.   Article 31                                                                    a c c o r d a n c e with the p r o c e d u r e laid d o w n in
                                                                                    Article 43 (2) of the T r e a t y , a plan f o r structural
      Article 31 is a m e n d e d to read as follows:
                                                                                    reorganization in this sector to apply f r o m the end
         ' T h e equalization charges and c o m p e n s a t o r y                   of the first period of five m a r k e t i n g years referred
         payments provided f o r in Articles 11 and 15 and                          to in Article 4 (2).
         the a m o u n t s levied pursant to Article 12 (2)
                                                                                    If necessary, the Council shall also a d o p t the
         shall be regarded, f o r the purpose of the
                                                                                    a m e n d m e n t s to this Regulation required to take
         financing of the c o m m o n agricultural policy, as
                                                                                    a c c o u n t of the experience gained and of c h a n g i n g
         intervention designed to regulate agricultural
                                                                                    e c o n o m i c conditions in the sector, and in
         markets.'
                                                                                    particular the p r o d u c t i o n pattern in agricultural
                                                                                    alcohol qualifying f o r the price and outlet
                                                                                    g u a r a n t e e s and the pattern of utilization in the
 J.   Article 41a
                                                                                    reserved sectors.' .
                                Article 41a
      Before the end of the third m a r k e t i n g year f o r
                                                                                    Annex
      which this Regulation is in operation, the
      Commission shall put a r e p o r t b e f o r e the Council
      analyzing the p r o d u c t i o n structure f o r agricultural                A m e n d m e n t of the C o m m o n C u s t o m s Tariff
      alcohol in the C o m m u n i t y . This r e p o r t shall also
      cover the application of this Regulation. O n the                             In the a m e n d m e n t s to C h a p t e r 22, h e a d i n g N o
      basis of that report the Council shall a d o p t , in                         22.06 is a m e n d e d to read as follows:
                                                                                                                                  Rate of duty
     Heading                                                  Description                                             Autonomous
      number                                                                                                                 %            Conventional
                                                                                                                          or levy              %
                                                                                                                            (L)
                                                                                        >
         1                                                          2                                                        3                  4
      22.06           Vermouths, and other wines of fresh grapes flavoured with aromatic
                     extracts:
                      A. Of an actual alcoholic strength by volume of 18 % vol or less, in
                          containers holding:
                           I. Two litres or less                                                                         17 EUA                —
                                                                                                                       per hi (c)
                          II. More than two litres                                                                       14 EUA                —
                                                                                                                       per hi (c)
                      B. Of an actual alcoholic strength by volume exceeding 18 % vol but not
                          exceeding 22 % vol, in containers holding:
                           I. Two litres or less                                                                         19 EUA             •  —
                                                                                                                        per hi (c)
                          II. More than two litres                                                                       16 EUA                —
                                                                                                                        per hi (c)
                      C. Of an actual alcoholic strength by volume exceeding 22 % vol, in
                          containers holding:
                           I. Two litres or less                                                                        1 60 EUA
                                                                                                                       per hi and
                                                                                                                       per % vol
                                                                                                                       + 10 EUA
                                                                                                                        per hi (c)
                          II. More than two litres                                                                      1 6 0 EUA
                                                                                                                       per hi and
                                                                                                                       per % vol
                                                                                                                             (c)
(c) In certain conditions a countervailing charge is payable in respect of certain products in addition to the customs duty.