Council Regulation (EEC) No 1208/84 of 27 April 1984 amending Regulation (EEC) No 337/79 on the common organization of the market in wine

COUNCIL  REGULATION (EEC) No 1208/84
of 27 April 1984
amending Regulation (EEC) No 337/79 on the common organization of the market in wine
THE COUNCIL OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas experience has shown that the ratio between the guide price and the activating price referred to in Articles 2 and 3, respectively, of Regulation (EEC) No 337/79 (4), as last amended by Regulation (EEC) No 1595/83 (5), has remained fairly steady from one year to another; whereas the buying-in price for wine delivered for the various distillation operations is a percentage of the guide price fixed by the Council; whereas, therefore, instead of activating prices being fixed annually, an appropriate constant ratio between the two prices should be laid down;
Whereas the system of short-term private storage aid for table wine and must, which was intended to stabilize the market at a period when supply and demand were more or less in balance, plays practically no role in the situation of constant surpluses which has prevailed in the wine sector since 1979; whereas the measure's effectiveness no longer justifies the appreciable financial burden it entails and the measure should therefore be abolished;
Whereas the second subparagraph of Article 11 (2) of Regulation (EEC) No 337/79 lays down that the buying-in price for wine delivered for preventive distillation as provided for in that Article is to be raised from 60 to 65 % of the guide price where compulsory distillation as referred to in Article 41 has not been decided upon; whereas the last two wine years have shown that the uncertainty as to whether distillation as referred to in Article 41 would be decided upon has tended to deter producers from concluding contracts for delivery into preventive distillation, thus jeopardizing the market; whereas these measures must be kept separate if they are to fulfil their purpose of improving the market situation; whereas the buying-in price for wines delivered for preventive distillation should be fixed at 65 % of the guide price, in order that the measure should possess the desired incentive effect;
Whereas the situation should be avoided where, at the time of distillation, producers who increase the alcoholic strength of their wine by the addition of saccharose or grape must which has benefited from the aid referred to in Article 14 of Regulation (EEC) No 337/79 gain an undue economic advantage from such operation; whereas, therefore, an abatement of the purchase price should be provided for, corresponding to the said advantage for all the distillations provided for, with the exception of those referred to in Articles 39 and 40 for which the price level justifies exemption;
Whereas, in years where there is a surplus, the results achieved by preventive distillation play a major role in establishing balance on the market at the beginning of the marketing year; whereas steps should be taken to ensure that all the quantities of wine covered by delivery contracts are distilled; whereas, therefore, where high-price distillation as referred to in Article 15 of Regulation (EEC) No 337/79 is decided upon, provision should be made for restricting it to producers who have concluded contracts or made declarations of delivery for preventive distillation;
Whereas the fourth subparagraph of Article 17 (1) of Regulation (EEC) No 337/79 lays down that, where wines are presented in containers of two litres or less, the reference price is to be increased; whereas, in order for this measure to achieve its purpose, the price should also be increased where the wine is presented in containers of slightly more than two litres; whereas provision should also be made for altering the reference price for those non-European geographical areas of the Community whose distance involves additional costs in bringing Community wines to the same marketing stage as imported wine;
Whereas, in order to make it possible to assess the yield per hectare of each wine producer, as laid down in Article 41 (3) of Regulation (EEC) No 337/79, even
where the producer makes the wine from grapes which he has bought in, producers of grapes for vinification should also be required to submit the annual harvest declaration;
Whereas, since the present table grape production potential exceeds requirements, the ban on new planting should be extended to all vines; whereas it is, however, appropriate that provision be made for derogations to be granted for areas intended for the production of quality wine psr for which demand could by far exceed supply;
Whereas, the situation of the wine market, characterized by a large surplus, is becoming, very rapidly worse and is likely, in particular in the Community's present financial situation, to place in jeopardy the attainment of the objectives of Article 39 of the Treaty because of the excessive pressure brought to bear on producers' incomes; whereas, this being so, limits on the planting rights acquired under authorizations already granted are justified;
Whereas, in order to avoid difficulties of interpretation, the procedures for laying down rules disposing of alcohol referred to in Article 40a of Regulation (EEC) No 337/79 should be set out more precisely; whereas the sectors in which alcohol may be disposed of should also be more closely defined;
Whereas application of the provisions governing the activation of compulsory distillation and the fixing of the quantities of wine to be distilled is likely to give rise to difficulties which might interfere with disposal of all the year's surpluses; whereas, in order to resolve such difficulties, the criteria for determining the quantity of wine which must be distilled should be laid down; whereas, on this occasion, some technical adjustments to improve management of the measures should be introduced in Articles 15 and 41 of the said Regulation,