CELEX: 51988PC0120(57)
Language: en
Date: 1988-04-05
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 822/87 ON THE COMMON ORGANIZATION OF THE MARKET IN WINE

No C 139/66                           Official Journal of the European Communities                                 30. 5. 88
                    Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 989/84
             introducing a system of guarantee thresholds for certain processed fruit and vegetable products
                                                       (88/C 139/56)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         HAS ADOPTED THIS REGULATION:
Having regard to the Treaty establishing the European                                      Article 1
Economic Community,
                                                                 1. Article 1(1) of Regulation (EEC) No 989/84 is hereby
Having regard to Council Regulation (EEC) No 426/86 of               replaced by the following:
24 February 1986 on the common organization of the
                                                                        'A guarantee threshold equal to a quantity of
market in products processed from fruit and vegetables ( ! ),
                                                                        processed tomato products corresponding to
as last amended by Regulation (EEC) No ..., and in
                                                                        4 700 000 tonnes of fresh tomatoes is hereby fixed
particular Article 2(3) thereof,
                                                                        for each marketing year.
Having regard to the proposal from the Commission,                   That tonnage shall be divided as follows:
                                                                     — 2 884 615 tonnes for the manufacture of tomato
Whereas Council Regulation (EEC) No 989/84 (2), as last                 concentrate,
amended by Regulation (EEC) No ..., introduces a system
of guarantee thresholds for certain processed fruit and              — 1 307 150 tonnes for the manufacture of whole
vegetable products, and in particular processed tomato                  peeled tomatoes,
products;
                                                                     — 508 235 tonnes for the manufacture of other
                                                                         processed tomato products.
Whereas account should be taken of developments on the
market in processed tomato products since 1984 and the
                                                                                           Article 2
allocation of the total quantities should be adapted in the
light of the respective share of each of the categories of       This Regulation shall enter into force on the third day
finished product,                                                following its publication jn the Official Journal of the
                                                                 European Communities.
(!) OJ No L 49, 27. 2. 1986, p. 1.                               This Regulation shall be binding in its entirety and directly
(2) OJ No L 103, 16. 4. 1984, p. 19.                             applicable in all Member States.
                     Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 822/87
                                     on the common organization of the market in wine
                                                        (88/C 139/57)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         Whereas in view of the large surplus on the wine market, all
                                                                  new planting of vines has been temporarily forbidden;
 Having regard to the Treaty establishing the European            whereas for the same reason the existing ban on the
 Economic Community, and in particular Article 43 thereof,        granting of national aid for new planting or replanting of
                                                                  vineyards for the production of table wine should be
 Having regard to the proposal from the Commission,               extended to all planting, irrespective of the quality of the
                                                                  wine produced or the classification of the vineyard;
 Having regard to the opinion of the European Parliament,
                                                                  Whereas because of the technical nature of the quantitative
 Having regard to the opinion of the Economic and Social          limits for certain oenological practices and processes
 Committee,                                                       referred to in Annex VI of Council Regulation (EEC)
 ---pagebreak--- 30,^.88                                                      Cofficial]ournal of the European Communities                                                NoC13^7
N o 8 2 2 B 8 7 ( ^ as last amended hy Regulation (EEC)                                 which corresponds to the economic advantage thus
No 3 ^ 2 / 8 7 (^)^ provision should he made for the Council                            obtamed^whereasmhereforemhe reduction in the buying
to amend those limits^ acting hyaquahfied majority o n a                                in price should be calculated on the basis of the level of the
proposal f r o m t h e C o m m i s s i o n ^ m t h e h ^ h t o f scientific             aid r e f e r r e d t o m A r t i c l e ^ a n d w h e r e a s t h a t reduction
progress and experienced                                                                should be applied to all distillation operations^
                                                                                        Whereas^m^^w of the trend in trade in wine with certain
Whereas experience shows that the use of copper sulphate
                                                                                        third countries^ rules should be laid down mal^in^ it
should no longer he restricted^ as laid down in Article 17(1)
                                                                                        possible to import into the Community wines available in
ofRe^ulation (EEC) No 822/87mo regions in which it has
                                                                                        limited quantities and possessing amon^othe^paiaaculai^
not heen used forthe treatment ofthevmes^whereas on the
                                                                                        qualitative characteristics^alow total aciditycontent^
other hand the maximum dose which may he used in wine
must he restricted^
                                                                                        W h e r e a s t h e u s e of concentrated rectified ^rapemust in
                                                                                        winemalein^ has assumed ma^or proportions^ whereas
WhereasArticle 17(3) ofRe^ulation (EEC) No822B87lays                                    provision should be made for effective supervision of such
down the conditions under which calcium tartrate or                                     use by the competent authorities^ which requires analytical
tartaric acid may be used for deacidification^whereas the                               examination of rectified concentrated ^rape must in order
useofahomo^eneous and finally pulverised preparation of                                 tochecl^its authenticity^ w h e r e a s m o r d e r t o c a r r y out
tartaric acid a n d c a l c i u m c a r h o n a t e s h o u l d h e permitted           these examinations sufficiently frequently andefficiently
subject to the same conditions as calcium tartrates and in                              the definition of rectified concentrated ^rape must should
equivalent quantities^                                                                  stress those characteristics which are determinant as
                                                                                        re^ardsits authenticity and whichcan bechecl^ed with
                                                                                        certainty and speeds
Whereas as part ofthe scheme for compulsory deliveries of
wine for distillationaproducer is ohh^ed to deliver all hy
products of winemal^in^ for distillation^whereas in order                               Whereas Regulation (EEC) No 822/87 as it currently
toavoidtheoverpressm^ofhyproductstheproducermust                                        stands does not lay down any definition of a product
dehveracertam quantity expressed asavolume of alcohols                                  designated as wine from overripe ^rapes^withanatural
whereasif this quantity i s n o t r e a c h e d h y t h e v o l u m e of                alcoholic strength by volume of more than 1 ^ ^ vol.and
alcohol contained in the byproducts the producer is                                     obtained^ with or without raisimn^ from crapes of certain
obliged to mal^e up the difference hy delivering wine^                                  vine varieties^whereasmn order to ensure free circulation
w h e r e a s t h e r e i s a t p r e s e n t a s u r p l u s o f non^mart^etable       of this products it should be defined in Anneal to
wine anditis thus in the interest ofthe Commumtytoavoid                                 Regulation ( E E C ) N o 8 2 2 / 8 7 a n d Article 6^(1) of that
as much as possible the production of wine of lesser                                    Regulation should provide that that product may be
quahty^whereas^ therefore^ the quantities of byproducts                                 obtained only from crapes of the vine varieties listed in the
of winemal^in^ to be compulsonly delivered should be                                    classification established in accordance with Articlel3 of
increased in the h^ht of the market situations                                          that Regulations
                                                                                        Whereas under Article 26 ofRe^ulation (EEC) No 822/87
Whereas compulsorydistillationofwinefrom crapes of                                      certain oenological practices not permitted under that
vine varieties not classified as wine varieties and wine from                           Regulation have been authorised for experimental pur
crapes of double or tnple^purpose varieties^ as referred to                             poses by the member ^tates^whereas the results obtained
inArticle3^ofRe^ulation(EEC)No822/87^havetobe                                           are such that those practices may be considered as
effected by the end of the wine year in which those wines                              providing better control of winemal^m^ and at the same
are produced^whereas in order to ensure that sanctions for                              time offering no danger to the health of consumers^
e^ceedm^ this timedimit are in proportion to the                                        whereas they should therefore be permitted at Community
infringements and forthesat^eofharmom^ation with other                                  levelandAnne^VltoRe^ulation (EEC) No 822/87 should
distillation measuresm^ should be left for the Commission                               be amended accordingly^
to s e t a t i m e limits
Whereas A r t i c l e ^ o f R e ^ u l a t i o n (EEC) No 822/87 lays                   ^^^no^T^or^^^^nLATto^
down that in the case of certain distillation operations the
buyin^m price for wine obtained by producers who have
brought about an increase in alcoholic strength by adding
sucrose or must having benefited from the aid referred to in
A r t i c l e ^ o f that Regulation is to be reduced m a m a n n e r                                                       A^r^A^
^)01^oL^^7^i^7^D                               t                                       Regulation (EEC) No 822/87 is hereby amended as
                                                                                       follows^
 ---pagebreak--- No C 139/68                               Official Journal of the European Communities                                   30. 5. 88
1. Article 14 is replaced by the following:                             varieties for the administrative unit where they were
                                                                        harvested, and which is not exported during the wine
   'Article 14                                                          year concerned shall be distilled by a date to be
                                                                        determined. Except by derogation, it may not be moved
   The granting of national aid for the planting of vines               except to a distillery.
   shall be prohibited, except for purposes of viticultural
   experimentation'.                                                    2. Where wine is produced from a grape variety listed
                                                                        in the classification for the administrative unit as both a
                                                                        wine grape variety and a variety for use for another
2. Article 15(5) is replaced by the following:
                                                                        purpose, any wine which is produced in excess of the
                                                                        normal quantity and which is not exported during the
   '5. The Council, acting by a qualified majority on a                 wine year concerned shall be distilled by a date to be
   proposal from the Commission may:                                    determined. Except by derogation, it may not be moved
                                                                        except to a distillery.
    (a) for the products referred to in paragraph 1, restrict
          or prohibit the use of the oenological practices and
          processes referred to in Annex VI;                            The quantity of wine normally produced shall be
                                                                        determined from:
    (b) amend in the light of scientific progress and
          experience the quantitative limits for certain oenolo-        — the quantities produced during a reference period to
          gical practices and processes referred to in Annex                 be determined antedating the 1980/1981 wine year
          VI'.                                                               or, for Spain, antedating the 1984/1985 wine year,
3. In Article 17:                                                       — the quantities of wine put to traditional uses'.
    (a) paragraph 1 is deleted;
                                                                     6. Article 44 is replaced by the following:
    (b) the first subparagraph of paragraph 3 is replaced by
          the following:                                                'Article 44
          'The use of calcium tartrate or tartaric acid or a            For the wines obtained by producers who have brought
          homogeneous preparation of tartaric acid and                  about an increase in alcoholic strength by adding
          calcium carbonate, as referred to in points l(m) and           sucrose or must having benefited from the aid referred
          3(1) of Annex VI for deacidification purposes shall           to in Article 45, the buying price fixed for each
          be permitted until 31 August 1990. Use of tartaric            distillation shall be reduced by a flat-rate amount
          acid in any form other than the preparation referred          calculated on the level of the aid referred to in
          to above shall be allowed only for products:                   Article 45. Detailed rules for the application of this
                                                                        Article shall be adopted in accordance with the
          — made from vine varieties which yield relatively              procedure laid down in Article 83'.
              acidic grapes,
          — made from grapes harvested in certain wine-              7. In Article 69(1) the following indent is added:
              growing regions, to be defined, in the northern
              part of wine-growing zone A'.
                                                                         '— wine from over-ripe grapes'.
4. The third subparagraph of Article 35(2) is replaced by
    the following:                                                   8. In Article 70(2), the second subparagraph, (a), is
                                                                         replaced by the following:
    'The percentage referred to in the second subparagraph
    may not be less than:                                                (a) allowing certain wines originating in third countries
                                                                             as referred to in paragraph 1(b) possessing particular
    — 8 % if the wine has been obtained by direct                            qualitative characteristics and bearing a geograph-
          vinification of grapes,                                            ical ascription to be delivered for direct human
                                                                             consumption:
    — 3 % if the wine has been obtained by vinification of
          grape must, grape must in fermentation or new wine                 — if their actual alcoholic strength by volume
          still in fermentation'.                                                amounts to at least 8,5 % vol. or their total
                                                                                 alcoholic strength by volume exceeds 15 % vol.
5. Article 36(1) and (2) are replaced by the following:                          without any enrichment, or
     ' 1 . Wine made from grapes belonging to varieties not                  — their total acidity content, expressed as tartaric
     listed as wine grape varieties in the classification of vine                acid, is less than 4,5 but more than 3 grams per
 ---pagebreak--- 30. 5. 88                               Official Journal of the European Communities                                 No C 139/69
           litre, i.e. less than 60 but more than 45                  An actual alcoholic strength of the rectified concen-
           milliequivalents per litre'.                               trated grape must of not more than 1 % vol is
                                                                      permissible';
9. In Annex I;                                                         (b) the following point 14a is added:
   (a) point 7 is replaced by the following:                          '14a. Wine from over-ripe grapes:
   '7. Rectified concentrated grape must: the liquid                  — the product obtained in the Community, without
   uncaramelized product which:                                            enrichment, from raisined grapes harvested in the
                                                                           Community, derived from the vine varieties referred
   — is obtained by partial dehydration of grape must                      to in Article 69 and included on a list to be drawn up;
       carried out by any authorized method other than
       direct heat in such a way that the figure indicated by         — having a natural alcoholic strength by volume of
       a refractometer at a temperature of 20°C is not less                more than 15 % vol.;
       than 72,8 %,
                                                                      — having a total alcoholic strength of not less than
   — has undergone authorized treatment for deacidifi-                      17 % vol. and an actual alcoholic strength by
       cation and elimination of constituents other than                   volume of not less than 12 % vol.;
       sugar,
                                                                      — having been aged for not less than 2 years from
   — has the following characteristics:                                     1 January of the year following that in which the
                                                                           grapes were harvested'.
       — a pH of not more than 5 at 25 ° Brix,
                                                                   10.In Annex VI, point 1 is amended as follows:
       — an optical density at 425 nm for a thickness of 1
           cm of not more than 0,100 in grape must                    (a) the following indent is added under (j):
           concentrated at 25° Brix,
                                                                           '— an enzymatic preparation of betaglucanase, up to
       — a sucrose content undetectable by a method of                     a maximum of 5 g per hi,'
           analysis to be defined,
                                                                      (b) the following indents are added under (m):
       — a Fomin-Ciocaltheau index of not more than 4,00
           at 25° Brix,                                                    '— a homogeneous preparation of tartaric acid and
                                                                           calcium carbonate in equivalent proportions and
       — a titratable acidity of not more than 15 milliequi-               finely pulverized, under the conditions laid down in
           valents per kilogram of total sugars,                           the first subparagraph of Article 17(3),
       — a sulphur dioxide content of not more than                       — a vinous suspension of lactic bacteria,'
           25 milligrams per kilogram of total sugars,
                                                                      (c) the following are added after (n):
       — a total cation content of not more than 8 mil-
           liequivalents per kilogram of total sugars,                     (o) the use of preparations of yeast cell wall, up to a
                                                                               maximum of 40 g per hi,
       — a conductivity at 25° Brix and 20°C of not more
           than 120 uS/cm,                                                 (p) the use of polyvinylpolypyrrolidone, up to a
                                                                               maximum of 80 g per hi,'
       — a hydroxymethylfurfural content of not more
           than 25 milligrams per kilogram of total sugars,        11.In Annex VI, point 3 is amended as follows:
       — traces of mesoinositol,                                      (a) the following indents are added after the last indent
                                                                           of (1):
   — is derived exclusively from the vine varieties referred
       to in Article 69,                                                   '— a homogeneous preparation of tartaric acid and
                                                                           calcium carbonate in equivalent proportions and
   — is produced within the Community,                                     finely pulverized, under the conditions laid down in
                                                                           the first subparagraph of Article 17(3),
   — is obtained from grape must having at least the
       minimum natural alcoholic strength by volume laid                  — a vinous suspension of lactic bacteria,'
       down for the wine-growing zone in which the grapes
       were harvested.                                                (b) the following indent is added under (m):
 ---pagebreak--- No C 139/70                                 Official Journal of the European Communities                                  30. 5. 88
        '— an enzymatic preparation of betaglucanase, up to                   (y) the use of polyvinylpolypyrrolidone, up to a
        a maximum of 5 g per hi,'                                                 maximum of 80 g per hi,
    (c) (s) is replaced by the following:                                     (z) use of paraffin oil to protect the wine against
        '(s)use of DL tartaric acid, also called racemic acid,                    oxygen, in containers holding not more than 60
             or of its neutral salt of potassium, under                           litres and not less than 5 litres,'.
             conditions to be laid down, for precipitating
             excess calcium,'
                                                                                                  Article 2
    (d) (w) is replaced by the following:
        '(w) use of copper sulphate to eliminate defects of            This Regulation shall enter into force on the third day
               taste or smell in the wine, up to a maximum of 1        following its publication in the Official Journal of the
               g per hi and provided that the copper content of        European Communities.
               the product so treated is not more than 0,5 mg/
               1,'                                                     It shall apply from 1 September 1988.
    (e) the following are added:
                                                                       This Regulation shall be binding in its entirety and directly
        ' (x) the use of preparations of yeast cell wall, up to a      applicable in all Member States.
               maximum of 40 g per hi,
                   Proposal for a Council Regulation (EEC) fixing the guide prices for wine for the 1988/1989
                                                           wine-growing year
                                                             (88/C 139/58)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               agricultural community and to ensure that supplies are
                                                                       available and reach consumers at reasonable prices;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43 thereof,              Whereas it is therefore essential not to increase the present
                                                                       gap between production and demand; whereas, accord-
Having regard to the Act of Accession of Spain and                     ingly, the guide prices for the 1988/1989 wine year should
Portugal, and in particular Article 89(1) thereof,                     be maintained;
Having regard to Council Regulation (EEC) No 822/87 of                 Whereas the level of prices in Spain differs from that of the
16 March 1987 on the common organization of the market                 common prices; whereas pursuant to Article 70 of the Act
in wine (*), as last amended by Council Regulation (EEC)               of Accession these prices should be aligned with the
No ..., and in particular Article 27 thereof,                          common prices in annual steps at the beginning of each
                                                                       marketing year; whereas the rules on this alignment laid
                                                                       down give the Spanish prices set below;
Having regard to the proposal from the Commission,
                                                                       Whereas the guide prices must be fixed for each type of
Having regard to the opinion of the European Parliament,
                                                                       table wine representative of Community production as
                                                                       defined in Annex III to Council Regulation (EEC) No 822/
Having regard to the opinion of the Economic and Social                 87,
Committee,
Whereas, when the guide prices for the various types of                HAS ADOPTED THIS REGULATION:
table wine are fixed, account should be taken both of the
objectives of the Common Agricultural Policy and of the
contribution which the Community wishes to make to the
harmonious development of world trade; whereas the
objectives of the Common Agricultural Policy are, in                                              Article 1
particular, to ensure a fair standard of living for the
                                                                        For the 1988/1989 wine-growing year, the guide prices for
(!) OJ No L 84, 27. 3. 1987, p. 1.                                      table wines shall be: