CELEX: 31977R2211
Language: en
Date: 1977-09-27 00:00:00
Title: Council Regulation (EEC) No 2211/77 of 27 September 1977 amending Regulation (EEC) No 816/70 laying down additional provisions for the common organization of the market in wine and Regulation (EEC) No 817/70 laying down special provisions relating to quality wines produced in specified regions

7. 10 . 77                              Official Journal of the European Communities                              No L 256/ 1
                                                                I
                                             (Acts whose publication is obligatory)
                                      COUNCIL REGULATION (EEC) No 2211 /77
                                                     of 27 September 1977
              amending Regulation (EEC) No 816/70 laying down additional provisions for the
              common organization of the market in wine and Regulation (EEC) No 817/70
              laying down special provisions relating to quality wines produced in specified
                                                            regions
THE COUNCIL OF THE EUROPEAN                                        weighted average price on the basis of the single crit­
COMMUNITIES,                                                       erion of volume ; whereas, in order to avoid confusion,
                                                                   the term 'weighted average price' should be replaced
Having regard to the Treaty establishing the European              by 'representative price' ;
Economic Community, and in particular Article 43
thereof,                                                           Whereas, in the event of exceptional climatic condi­
                                                                   tions, it would appear necessary to permit acidifica­
Having regard to the proposal from the Commission,                 tion, during limited periods of the year, in wine zones
                                                                   C I (a) and C I (b) in the same conditions and within
                                                                   the same limits as those laid down for zones C II and
Having regard to the opinion of the European ParIia- %
ment (!),                                                          C III and to permit, in certain installations only, addi­
                                                                   tional acidification of wines from zones C II and C III
                                                                   and partial deacidification of wines from zones A, B,
Having regard to the opinion of the Economic and
Social Committee (2),                                              C I (a), C I (b) and C II ;
                                                                   Whereas Annex Ha to Council Regulation (EEC) No
Whereas experience shows that certain amendments                   816/70 and Regulation (EEC) No 817/70 of 28 April
should be made to Council Regulation (EEC) No                       1970 laying down special provisions relating to quality
816/70 of 28 April 1970 laying down additional provi­              wines produced in specified regions (5), as last
sions for the common organization of the market in                 amended by Regulation (EEC) No 529/77 (6), should
wine (3), as last amended by Regulation (EEC) No                   consequently be adapted,
 1679/77 («);
Whereas it appears that the weighted average prices as
fixed pursuant to Article 4 of Council Regulation                  HAS ADOPTED THIS REGULATION :
(EEC) No 816/70 do not always show sufficiently
quickly that there is an imbalance on the Community
wine market, thereby upsetting the arrangements for                                         Article 1
putting intervention measures into operation ;
whereas, therefore, for table wines of types R III, A II           Article 4 ( 1 ) of Regulation (EEC) No 816/70 shall be
and A III, the weighting should no longer be limited               replaced by the following :
to the lowest average prices ; whereas, in addition, for
the other table wines produced in the greatest quan­                   ' 1 . For each type of wine for which a guide
tity in the Community, in order to monitor more                         price is fixed, the Commission shall, on the basis
closely the development of producer prices in the                       of all the facts available to it, establish each week
Community so as to take effective action on the                         and publish in the 'C' series of the Official
market at the appropriate time, a representative                       Journal of the European Communities :
Community price should be established on the basis
of a number of quotation centres, rather than a                        (a) an average producer price (hereinafter called
                                                                            the "average price") for each representative
(') OJ  No C  163, 11 .  7. 1977, p . 78 .                                  market for the relevant type of table wine ;
(2) OJ  No C  180, 28 .  7. 1977, p. 27.
(3) OJ  No L  99, 5. 5 . 1970, p. 1.                               (5) OJ No L 99, 5. 5 . 1970, p . 20 .
(<) OJ  No L  187, 27.   7. 1977, p. 15.                           (6) OJ No L 69, 16. 3 . 1977, p. 2.
 ---pagebreak---  No L 256/ 2                           Official Journal of the European Communities                               7 . 10 . 77
     (b) for table wines of types R III, A II and A III, a                — for the products referred to in paragraph 1
          representative Community price (hereinafter                         originating from zones C II and C III,
          called the "representative price"), corres­                     — or for wine from the same wine-growing
          ponding to the weighted average of all the                          zones provided that acidification is carried
          average prices established ;                                        out in the installations of the person who
     (c) for table wine of types R I, R II and A I, a re­                     used the grapes and grape must from
          presentative Community price (hereinafter                           which the wine originated ;
          called the "representative price") corresponding
          to the weighted average of half the average                 — acidification of the products referred to in para­
          prices established. This half shall be consti­                  graph 1 may be authorized in wine-growing
          tuted by the lowest average prices. Where the                   zones C I (a) and C I (b) in the conditions
          number of average prices to be used is not a                    referred to in paragraph 1 in the case of zones
          whole number, it shall be rounded up to the                     C II and C III ;
          whole number immediately above.                            — partial deacidification of wine from wine­
          Where the application of the aforementioned                     growing zones A, B, C I (a), C I (b) and C II
          rules results in the number of average prices to                may be authorized provided that the deacidifi­
                                                                          cation is carried out in the installations of the
          be used being less than five in the case of table
          wine of type R I and less than three in the case                person who used the grapes and grape must
          of table wines of types R II and A I, the five                  from which the wine originated .
          lowest prices and the three lowest prices respec­           3 . Acidification and enrichment, except by way
          tively shall be used. However, if the total                 of derogation to be decided case by case, and acidi­
          number of average prices established is lower               fication and deacidification of one and the same
          than the said figures, all the average prices esta­         product are mutually exclusive processes.
          blished shall be used .
                                                                      4. The authorizations pursuant to paragraph 2,
The weighted averages referred to in (b) and (c) shall
be calculated on the basis of the volumes to which the                the derogations referred to in paragraph 3 and the
average prices used refer.'                                          other detailed rules for the application of this
                                                                     Article and in particular the conditions under
                           Article 2
                                                                     which the operations referred to in paragraph 2
                                                                      may be carried out shall be adopted in accordance
The term 'weighted average price in Articles 5 (2), 6                with the procedure laid down in Article 7 of Regu­
(3) and 6c ( 1 ) of Regulation (EEC) No 816/70 shall be              lation No 24 .'
replaced by the term 'representative price'.
                                                                                          Article 4
                           Article 3
                                                                 Article 22 of Regulation (EEC) No 816/70 shall be
Article 20 of Regulation (EEC) No 816/70 shall be
                                                                 replaced by the following :
replaced by the following :
                                                                      Article 22
     Article 20
    1.      Fresh grapes, grape must, grape must in                   1.    None of the processes mentioned in Articles
    fermentation and new wine still in fermentation                   19 and 20 shall be authorized unless carried out as
    may be the subject of :                                          a single operation at the time when the fresh
                                                                     grapes, grape must, grape must in fermentation or
    — partial deacidification in wine-growing zones
                                                                     new wine still in fermentation are being turned
         A, B, C I (a) and C I (b),
                                                                     into wine suitable for yielding table wine or into
    — acidification       and   deacidification   in   wine­
                                                                     table wine, and in the wine-growing zone where
         growing zone C II, without prejudice to para­               the fresh grapes used have been harvested. The
         graph 3 ,                                                   same shall apply to the concentration, acidification
    — acidification in wine-growing zone C III .                     and deacidification of wines suitable for yielding
                                                                     table wines and of table wines .
    Acidification may only be carried out within an
    upper limit of 1 *50 g/1 expressed in tartaric acid,             Each of the processes referred to in the first subpa­
    or 20 milliequivalents .                                         ragraph must be notified to the competent authori­
    Moreover, grape must intended for concentration                  ties. The same shall apply in respect of the quanti­
    may be the subject of partial deacidification .                  ties of sucrose or concentrated grape must held in
                                                                     the exercise of their profession by natural or legal
    2.      In years when climatic conditions have been              persons, in particular producers, bottlers, proces­
    exceptional :                                                   sors and merchants to be determined , at the same
    — additional acidification may be authorized up                  time and in the same place as fresh grapes, grape
         to a limit of 1 -50 g/1 expressed in tartaric acid,         must, grape must in fermentation or wine in bulk .
         or 20 milliequivalents :                                   The notification of these quantities may, however,
 ---pagebreak--- 7. 10. 77                           Official Journal of the European Communities                             No L 256/3
   be replaced by entry in a goods inwards and stock           1 . In paragraph 1 :
    utilization register.                                          — the words 'paragraph 1 and paragraph 2 in (1)
    2. Except by way of derogation justified by                          are deleted ;
    exceptional climatic conditions and except where               — the words 'paragraph 1 ' in (m) are deleted.
    the process \s one of those referred to in Article 20
    (2), first and third indents, those processes may         2. The following points shall be added to paragraph 2 :
    only be carried out :                                          '(k) use of tartaric acid for acidification purposes
                                                                          under the conditions referred to in Articles 20
   — before 1 January, in wine-growing zones C I
         (a) and C I (b) ;                                                and 22 ;
    — before 16 March, in wine-growing zones A and                 (1) use of one of the following substances for
         B,                                                              deacidification purposes under the conditions
                                                                         referred to in Articles 20 and 22 :
    and only for products of the wine harvest immedi­
    ately preceding those dates.                                         — neutral potassium tartrate,
                                                                         — potassium bicarbonate,
    However :
                                                                         — calcium carbonate which may contain small
    — concentration by cooling may be practised                              quantities of double salt of calcium of L
         throughout the year ;                                               ( + ) tartaric and L (—) malic acids.'
    — the processes referred to in the first indent of
         Article 20 (2) may be carried out only before                                      Article 6
          16 May and only on products of the wine
         harvest immediately preceding that date ;             The first subparagraph of Article 8 ( 1 ) of Regulation
                                                               (EEC) No 817/70 shall be replaced by the following :
    — the processes referred to in the third indent of
         Article 20 (2) may be carried out only before              '1 .    Conditions and limits for the acidification
          16 June, and only on products of the wine                  and deacidification of fresh grapes, grape must,
         harvest immediately preceding that date.                   grape must in fermentation, new wine still in
                                                                     fermentation and wine, and the procedure for
    3. Detailed rules for the application of this                   granting authorizations and derogations shall be
    Article, and in particular the exemptions from the               those laid down in Article 20 of Regulation (EEC)
    obligation contained in paragraph 1 , second subpa­              No 816/70 .'
    ragraph, and the derogations from the closing
    dates laid down in paragraph 2, first subparagraph,                                     Article 7
    shall be adopted in accordance with the procedure
    laid down in Article 7 of Regulation No 24.'               This Regulation shall enter into force on the third day
                                                               following its publication in the Official Journal of
                          Article 5                             the European Communities.
Annex Ha to Regulation (EEC) No 816/70 shall be                Articles 1 and 2 shall apply as from 16 December
replaced by the following :                                     1977 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 27 September 1977.
                                                                               For the Council
                                                                                The President
                                                                                A. HUMBLET