CELEX: 51977PC0174
Language: en
Date: 1977-05-10
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 816/70 laying down additional provisions for the common organization of the market in wine (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 174
Vol. 1977/0072
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(77)174 final.
                                                      Brussels , 10 May 1977 *
                                 Proposal for a
                            COUNCIL REGULATION (EEC )
           amending Regulation (EEC ) No 816/70 laying down additional
          provisions for the common organization of the market in wine
                   ( submitted to the Council toy the Commission)
                                                                               /
CGM(77 ) 174 final .
                                                    t
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
         Under the overall agreement arrived at "by the Council meeting on 2 to
  6 March 1976 * "the basic regulation on the common organization of the market in
  wine ( l ) was substantially amended by Regulation (EEC ) NO H6O/76 ( 2 ), in parti­
  cular as regards the price and intervention system.
         Management of the market under the new provisions from 1 September 1976
 has shown that some of the revised measures do not always permit action to be
 taken with the speed and flexibility which is needed to remedy market difficul­
 ties at the outset of the marketing year. As this was that the Council was
 trying to achieve , some technical adjustments seem necessary. Moreover , doubts
 and difficulties regarding the legal interpretation of some of the wording need
 to be removed by clearer drafting.
         This proposal concerns the following technical adjustments :
 !• Fixing the "weighted average price" (Artiole 4(l ))
        The compromise solution arrived at in 1976 has the disadvantage that it
      takes into consideration only the lowest prices representing at least 50 i°
     of the quantities quoted , so that this " average" therefore does not accura­
     tely reflect the price situation. Moreover , the new provisions applied to
     ascertain production prices in France since September 1976 have led to a
     considerable increase in the quantities quoted in France so that in some
     weeks the quantilaes quoted in Italy for red wine of type R I correspond to
     less than 10 $ of the total amount quoted in the Community. In order to
     obtain a more accurate representation of the market by the "weighted avera­
     ge price" it is proposed for the three principal types of table wine ,
     firstly to use all the quantities quoted and , secondly, to arrive at this
     figure by using the average prices weighted by Member State ( in this case
     Franoe and Italy) which are then weighted in relation to each other accor­
     ding to the table wine production of each Member State .
                                                                               -/•
( 1 ) OJ No L 99 t 5.5.1970 , p. 1 , Regulation (EEO ) No 816/70
( 2 ) OJ No L 135 , 24.5.1976 , p. 1 , Regulation (EEC ) No II60/7O
       and OJ No L 326 , 25.11 . 1976 , p . 1 , Regulation (EEC ) No 2829/76
 ---pagebreak--- 2 . Storage aid for grape must (Article 5(& ) )
        Numerous discussions have taken place during recent months on the desirar-
     bility of permitting storage contracts to "be concluded for grape must .
     Finally , this was not decided upon for this wine year .
        In future , to avoid ambiguity it is proposed that the right to conclude
      such contracts should be linked either with preventive distillation for
      short-term contracts at the beginning of the wine year or to the right to
     conclude long>-term contracts for wines for contracts of the same type .
3 . Preventive distillation ( Artide 6(b ))
        It has been found , during the present wine year , that the overall crite­
     rion of 10 million hectolitres of table wine under storage contracts has not
     been met whereas the crisis in the white wine market was such as to call for
     the introduction of distillation for this type of wine . Finally , preventive
     distillation could not be begun until 26 December 1976 which is contrary
     to the spirit of this measure . It is therefore proposed to reduce from 10
     to 7 million hectolitres the overall quantities required to be under storar-
     ge contract and to provide for applying the mechanism separately for red
     wine and white wine .
4 * Report on developments in planting ( Article 17 )
        The discrepancy between the intented development and the actual develop­
     ment of vineyards ( l ) means that one must use latest figures as shown by
     the viticultural land register when drawing up this report .
     The Commission staff are at present preparing a reform of the viticultural
     land register for 1978 which should in particular provide for a rapid use of
     its latest figures .
      . From now on the aim should be to use these figures for the report referred
     to above .     ,
                                                                              ./•
( l ) See the Commission 's Report to the Counoil on the foreseeable developments
       in the planting and replanting of vineyards in the Community and on the
       ratio between production and utilization in the wine sector (Doc. COM(77 )
       22 final of 15 February 1977 » P« 2 and p. 11 )
 ---pagebreak---  5 . Conditions for acidification (Articles 20 and 22 )
         After discussion on this subject in order to solve certain technical pro­
      blems which have arisen as regards acidification in wine–growing zones C II
      and C III j in particular in Italy , it is proposed that in years when there
      have "been unusual weather conditions the acidification of table wines be
      permitted for a period extending far beyond the limits laid down in Article
      22 . To meet these technical requirements it is proposed that the acidificar-
      tion of table wines be permitted throughout the year under conditions to be
     defined .
6 » Improvement of the wording of a provision relating to the additional rate
      of " obligatory distillation" (Article 24a(2 ))
         Reminder .
7 • Administrative simplification of the rules for importing certain products
      ( Article 28(la)
         In discussion of the amendment to Regulation (EEC ) No 1848/76 laying down
     general rules for the import of wines , grape juice and grape must ( l ) the
     question arose of exempting from the certificate and analysis report cer­
     tain liqueur wines which already had a certificate of designation of origin.
     A legal basis was needed in the basic wine regulation to prevent this over­
     lap ; a proposal to that effect is made here .
                    These amendments in praotice have no direct financial consequen­
     ces on the Community budget *
( l ) OJ No L 204 , 30 .7.1976 , p . 5 * amended by Regulation (EEC ) No 531/ 77 »
       14.3.1977 , OJ No L 69 , 16 . 3 . 1977 , P » 4
 ---pagebreak---                              Proposai for
                   COUNCIL REGULATION (EEC ) NO
                         of
        amending Regulation (EEC ) NO 816/70 laying down additional
        provisions for the oommon organization of the market in
        wine
 THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Eoonomio Com,- unity and
 in particular Article 43 thereof ,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament ,
Having regard to the Opinion of the Economic and Social Committee ,
Whereas experience shows that certain amendments should be made to Regulation
 (EEC ) No 8I6/7O of 28 April 1970 laying down additional provisions for the com­
mon organization of the market in wine ( 1 ) , as last amended by Regulation (EEC )
No 528/77 ( 2 ) ;
Whereas it appears that the weighted average prices as fixed pursuant to Arti­
cle 4 of Regulation (EEC ) No 8I6/7O do not accurately reflect the situation
of wine prices in the Community, thereby upsetting the arrangements for
putting intervention measures into operation ; whereas , therefore , the
weighting should no longer be limited to the lowest average prices and the
volume of production in each of the Member States
                                                                            -/-
( 1 ) OJ No L 99 , 5.5.1970 , p. 1
( 2 ) OJ No L 69 , 16.3.1977 » P. 1
 ---pagebreak--- concerned should be taken into account for the table wines produced in
the greatest quantity in the Community , namely types R I , R II and A I ;
Whereas under Article 6"b preventive distillation may not "be introduced
until there are at least 10 million hectolitres under storage contracts
at the "beginning of the wine year ; whereas , to ensure that this measure
has the desired effect , the said condition should he relaxed both by
making a considerable reduction in the amount of 10 million hectolitres and
also by providing for the preventive distillation of red wine alone or
white wine alone if a specific level is reached for one or other of these
categories of wine j
Whereas it appears that the present system for the storage of grape must
does not enable intervention measures for these products to be put into
operation at the proper time ; whereas , moreover , the intervention measures
provided for should not be allowed to be diverted from their purpose ;
whereas , therefore , provision should be made , where large stocks exist and
when storage contracts are opened for table wine , for the intervention
measures to be automatically activated initially by short-term contracts ,
later to be replaced by long-term contracts for grape must or concentrated
grape must if preventive distillation has started ;
Whereas each year the Commission is required to submit a report to the
Council which , in particular , records the ratio between production and
ulitization and estimates foreseeable changes in that ratio on the basis
of the forecasts ; whereas provision should be made for this report to be
based also on the latest figures of the viticultural land register pro­
vided for by Regulation 26/64 (EEC ) (3), as last amended by Regulation (EEC )
No 1456/76 (4) i
( 3 ) OJ No 48 , 19.3.1964 , P. 753/64
(4 ) OJ No L 163 , 24.5.1976 , p. 13
 ---pagebreak--- Whereas , in the event of unusual weather conditions , acidification
 should be permitted in wine-growing zones C I a and C I "b subject to
 the same conditions and limits as in Zones C II and C III ; whereas ,
 moreover , in years of exceptional climatic conditions it appears
 necessary to be able to authorize this practice for table wines in zones
 CII and C III throughout the year but only within the wine–growing zone
 concerned j
 Whereas , in the interests of clarity , Article 24a of Regulation (EEC )
 No 816/70 should be amended to specify that the additional rate of
 obligatory distillation may be varied for all wines and production regions ;
Whereas for certain imported wines two certificates giving the same information
are required by Community rules ; whereas this duplication should be
prevented by specifying that the certificate and analysis report shall be
required as a matter of course in these cases ,
HAS ADOPTED THIS REGULATION s
                           Article 1
       Article 4 (0 of Regulation (EEC ) No 816/ 70 is hereby amended to read
as follows :
"For each type of wine for which a guide price is fixed , the Commission
shall , on the basis of all the facts available to it , fix each week and
publish in the WCH series of the Official Journal of the European Communities t
(a) an average producer price (hereinafter call the "average price") for
     each representative market for the relevant type of table wine ;
 ---pagebreak---  ("b ) for table wines of types A II , A III and R III , a weighted average
        Community price calculated , for each of these types of table wine , "by
        taking the average of the average prices and weighting it "by the
        quantities quoted on the representative markets for the relevant type
        of table wine (hereinafter called the "weighted average price") ;
 ( c ) for table wines of types R I , R II and A I s
       – a weighted average price for each Member State concerned calculated
          by taking , for each of these types of table wine , the average of the
          average prices and weighting it by the quantities quoted on the
          representative markets for the relevant type of table wine in the
          Member State concerned ;
       – a weighted average Community price calculated , for each type of table
          wine , by taking the average of the prices referred to in the first
          indent and weighting it by the production of each Member State
          concerned
              (i)  of red and ros£ table wine for table wine of types R I and R II ,
            ( ii ) of white table wine for table wine of type A I ,
            (hereinafter called the "weighted average price".)"
                                  Article 2
       Article 5 of Regulation (EEC ) No 816/70 is hereby amended to read as
       follows t
" 1 . A system of aid is hereby instituted for private storage of table wine .
       Aid shall be granted subject to the conclusion with intervention agencies ,
       on terms and conditions to be determined , of one of the following types
       of storage contract :
       – contracts valid for a period of three months (hereinafter called
          " short–term contracts"),
       – contracts valid for a period of nine months , concluded between 16 Decem­
          ber and 15 February of the following year (hereinafter called " long-term
          contracts").
                                                                              ./•
 ---pagebreak---                                                                            . 5.
 2 . Short-term contracts
     – may be entered into when the weighted average price of a type of table
        wine remains below the activating price for two consecutive weeks j
     – may not be entered into when a weighted average price for this type of
        wine is above the activating price for two consecutive weeks .
      If the state of the market so requires , a decision may be taken to allow
      short-term contracts to be concluded also in respect of table wines other
     than those of the type for which they may be concluded in accordance
     with the first subparagraph , where such table wines are closely related
     economically to that type of table wine . Such contracts may no longer be
     entered into in respect of these wines when they are not permissible in
     respect of the type of table wine to which they are closely related
     economically .
3 . Without prejudice to paragraph 2 , short–term contracts may be entered
     into in respect of a given wine-growing zone or part thereof when ,
     especially because of an exceptionally abundant harvest , an imbalance
     appears at the beginning of the wine year in such zone or part thereof
     between the quantities available and the quantities that can be sold.
4 * Long-term contracts may be entered into in respect of certain types of
     table wine to be specified , if the estimates for a wine year show that
     the quantity of such wines available at the beginning of that year
     exceeds foreseeable requirements for that yeat by more than four months
     consumption .
     For the purpose of calculating the quantity available referred to in the
    preceding subparagraph , the quantitative effects of the distillation of
    wines produced from table grapes referred to in Article 24b and of the
    distillation decided upon beforehand under 24& shall be deducted .
                                                                          -/
 ---pagebreak---                                                                                 6.
   5 » During the time when long-term contracts may "be entered into in
       accordance with paragraph 4 , the application of paragraph 2 or 3
        shall be suspended in respect of the same type of table wine . This
       suspension shall also apply to wines that are closely related econ­
       omically to the table wine concerned .
   6 . Permission to enter into storage contracts as provided for in the
       second subparagraph of paragraph 2 and in paragraphs 3 and 4 shall be
       decided upon in accordance with the procedure laid down in Article ^
       of Regulation No 24 .
       The same procedure shall be followed :
       (a) for deciding , if justified by the market situation and in
            particular by the rate of conclusion of storage contracts , that
            long-term contracts may no longer be entered into even before
            15 February ;
       (b ) for adopting other detailed rules for the application of this
            Article , and in particular the time limit for the decisions to be
            taken in accordance with the second subparagraph of paragraph 2 .
   7 * The Commission shall decide whether storage contracts may or may not
       be entered into under the first subparagraph of paragraph 2 and whether
       they may no longer be entered into under the second subparagraph of
       paragraph 2 . M
                                   Article 3
       The following Article 5A IS hereby added to Regulation (EEC ) NO 8I6/7O :
 " Article *5a
1.     A system of aid is hereby instituted for the private storage of grape
       must and concentrated grape must .
       Private storage aid shall be granted subject to the conclusion with the
       intervention agencies , on terms and conditions to be determined , of one
       of the following types of storage contract :
                                                                            ./•
 ---pagebreak---                                                                               7.
       - contracts valid for a period of three months ( hereinafter called
          " short-term contracts")*
       - contracts valid for a period of nine months (hereinafter called
          " long-term contracts").-
 2 . Short-term contracts may automatically "be entered into between 1 September
       and 15 December if preventive distillation has "been decided upon under
       Article 6b .
       Long-term contracts may be entered into between 16 December and 28 February
       of the following year when a decision has been taken to conclude private
       long-term storage contracts for table wine .
3 . Detailed rules on the implementation of this Article shall be adopted in
      accordance with the procedure provided for in Article 7 of Regulation No 24."
                                    Article 4
      Article 6b(l ) of Regulation (EEC ) No 816/70 is hereby amended to read
      as follows :
"    Where , during the period from 1 September to 15 December , the quantity
     under storage contract :
      ( a) of table wines of all types is at least seven million hectolitres ,
     (b ) of red table wine is at least five million hectolitres ,
     ( c ) of white table wine is at least two million heotolitres ,
     preventive distillation may be decided upon :
     – for all wines if the condition under (a) is met ;
     – for red wines if the condition under (b) is met ;
     – for white wines if the condition, under (c) is met ,
     except in the case of
     – wines produced from table grapes j
                                                                              /•
 ---pagebreak---                                                                         8
– wines produced from varieties of vines obtained from interspecific
  crossings (direct producer hybrids ) falling into the category of
  provisionally authorized varieties ;
– wines suitable for producing certain potable spirits obtained from
  wine with a registered designation of origin.
In years in which the harvest of wine suitable for producing certain
potable spirits obtained from wine with a registered designation of
origin exceeds by one million hectolitres the volume of wine of the
previous year intended for that purpose , it may be decided that the
wines in question may be distilled .
           _   ; However , the price paid for such wines shall be that
laid down by in Artiole 24a(3 ) for the wine year in question."
                             Article 5
The first subparagraph of Article 17(4) of Regulation (EEC ) No 816/7O
is hereby amended to read as follows :
Each year , before 31 December , the Commission shall submit a report to
the Council which , in particular , records the ratio between production
and utilization and estimates foreseeable changes in that ratio on the
basis , in particular , of the forecasts provided for in paragraph 3 and
the latest figures of the viticultural land register provided for in
Regulation 26 /64/EEC . n
                             Article 6
Article 20(2 ) of Regulation (EEC ) No 816/70 is hereby amended to read
as follows :
In years when climatic conditions have been exceptional :
– acidification of the products mentioned in paragraph 1 may be authori­
  zed in wine-growing zones C I a and C I b in the same circumstances as
  in zones C II and C III ,
 ---pagebreak---      – -the upper limit of 1.50 g/l » or 20 milliequivalents per litre , referred
        to in paragraph 1 , may be raised to 2.50 g/l , or 34 milliequivalents per
        litre , in zones C II and C III provided that the natural acidity of the
       product is not less than 3 g/l expressed in tartaric acid , or 40 millie­
       quivalents per litre ,
     – in the same circumstances and within the same limits as those referred
       to in the above indents , acidification of table wines of zones C II
       and C III may he authorized within their production zone".
                                Article 7
     The second subparagraph of Article 22(2 ) of Regulation (EEC ) No 816/7O
 is hereby amended to read as follows :
"However concentration by cooling and the acidification referred to in the
 last indent of Article 20(2 ) may be practised throughout the year.     The
 same applies to acidification in zones C II and C III provided it is carried
 out within each of the two wine-growing production zones ."
                                Article 8
     Article 24a of Regulation (EEC ) No 816/70 is hereby amended to read as
 follows :
1.   The third subparagraph of paragraph 1 shall read :
     "A decision may be taken to adjust the additional rate according to area
     on the basis of one or more of the following criteria :
    – the yield per hectare ,
    – the vine variety ,
    – the colour or the type of the wine ,
    – the alcoholic strength « w
2.   The last subparagraph of paragraph 2 shall be deleted .
 ---pagebreak---                                                                            10 .
                            Article 9
   Article 28(la)("b ) of Regulation (EEC ) No 816/70 is hereby amended to
read as follows :
"(b ) for dispensing with, the certificate and the analysis report provided
      for in paragraph 1(a) in the case of certain products referred to in
      paragraph 1 which are transported in limited quantities and packed in
      small containers and in the case of certain wines accompanied "by a
      certificate of designation of origin ."
                            Article 10
   This Regulation shall enter into force on 1 September 1977 *
   This Regulation shall be binding in its entirety and directly applicable
in all Member States .
                                            Done at Brussels .
                                            For the Council ,
                                              the President