31977R1677

No L 187/6 27 . 7 . 77 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 1677/77 of 19 July 1977 amending Regulation (EEC) No 816/70 laying down additional provisions for the common organization of the market in wine

THE COUNCIL OF THE EUROPEAN is therefore necessary to provide for their distillation COMMUNITIES, in the event of the harvest of such wines exceeding the normal use of the preceding marketing year by Having regard to the Treaty establishing the European one million hectolitres ; whereas, moreover, it seems Economic Community, and in particular Article 43 valid, in order to improve Regulation (EEC) No thereof, 816/70, to incorporate in a separate Article the provi­ sions on such distillation and those concerning the Having regard to the proposal from the Commission, distillation of wines produced from varieties of vines obtained from inter-specific crossings, since the latter Having regard to the opinion of the European Parlia­ distillation is also optional and the buying-in price of ment (!), wine is the same for both types of distillation ; Having regard to the opinion of the Economic and Whereas each year the Commission is required to Social Committee (2), submit a report to the Council which, in particular, Whereas experience shows that certain amendments records the ratio between production and utilization should be made to Regulation (EEC) No 816/70 of 28 and estimates foreseeable changes in that ratio on the April 1970 laying down additional provisions for the basis, in particular, of the forecasts ; whereas provision common organization of the market in wine (3), as last should be made for this report to be based also on the amended by Regulation (EEC) No 528/77 (4) ; latest figures of the viticultural land register provided for by Regulation No 26/64/EEC (5), as last amended Whereas it appears that the present system for the by Regulation (EEC) No 1 456/76 (6) ; storage of grape must does not enable intervention measures for these products to be put into operation Whereas, in the interests of clarity, Article 24a of at the proper time ; whereas, moreover, the interven­ Regulation (EEC) No 816/70 should be amended to tion measures provided for should not be allowed to specify that the additional rate of wine deliveries may be diverted from their purpose ; whereas, therefore, in be varied for all wines and according to production the case of grape must or concentrated grape must, regions ; provision should be made, where very large stocks of these products exist, for the activation of intervention Whereas, for certain wines imported under Commu­ measures consisting, as a first stage, and if preventive nity rules, two certificates giving the same information distillation has been decided on , of short-term are required ; whereas, in order to simplify administra­ contracts, which could later be replaced by long-term tive procedures, this duplication should be avoided contracts when storage contracts may be entered into and it should be laid down that all the details for table wines, on the understanding that grape must requested in the certificate or in the analysis report intended for the production of grape juice may be shall not be required as a matter of course in these excluded from this option ; cases, Whereas, under Article 6b, preventive distillation may not be decided on until there are at least 10 million hectolitres under storage contracts at the beginning of HAS ADOPTED THIS REGULATION : the wine year ; whereas, to ensure that this measure has the desired effect, this condition should be relaxed by making a considerable reduction in this amount ; Article 1 Whereas the distillation of wines suitable for Article 4a (2) of Regulation (EEC) No 816/70 shall be producing certain potable spirits from wine with a replaced by the following : registered designation of origin may be authorized under certain conditions ; whereas, however, a sizeable '2. With the exception of table wines of types R harvest of such wines may disturb the market in table III , A II and A III , table wines with an actual alco­ wines even if such conditions are not met : whereas it holic strength equal to or below 9-5° shall be excluded from all intervention measures other (') OJ No C 163, 11 . 7. 1977, p. 78 . than that referred to in Article 6b and Article 6d.' (2) Opinion delivered on 22 and 23 June 1977 (not yet published in the Official Journal). (3 ) OJ No L 99, 5 . 5 . 1970, p. 1 . (5) OJ No 48, 19 . 3 . 1964, p. 753/64. (4) OJ No L 69, 16. 3 . 1977, p. 1 . (*) OJ No L 163, 24. 5 . 1976, p. 13 .

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Article 2 quantitative effects of the distillation of wines produced from table grapes referred to in Article Article 5 of Regulation (EEC) No 816/70 shall be 24b and of the distillation decided upon before­ hand under Article 24a shall be deducted . replaced by the following :

4Article 5 5. Where and for such time as long-term contracts may be entered into in accordance with 1 . A system of aid is hereby instituted for the paragraph 4, the application of paragraph 2 or 3 private storage of table wine. shall be suspended in respect of the same type of table wine. This suspension of application shall also apply to wines that are closely related econom­ Aid shall be granted subject to the conclusion with ically to the table wine concerned. intervention agencies, on terms and conditions to be determined, of one of the following types of storage contract : 6. Permission to enter into storage contracts as provided for in the second subparagraph of para­ — contracts valid for a period of three months, graph 2 and in paragraphs 3 and 4 shall be hereinafter called "short-term contracts", decided upon in accordance with the procedure laid down in Article 7 of Regulation No 24. — contracts valid for a period of nine months, concluded between 16 December and 15 February of the following year, hereinafter The same procedure shall be followed : called "long-term contracts". (a) for deciding, if justified by the development of the market situation and in particular by the 2. Short-term contracts may be entered into in rate of conclusion of storage contracts, that respect of a type of table wine only when the long-term contracts may no longer be entered weighted average price of that table wine remains into even before 1 5 February ; below the activating price for two consecutive weeks. They may not be entered into when the (b) for adopting other detailed rules for the appli­ weighted average price for this type of wine is cation of this Article, and in particular the above the activating price for two consecutive time limit for the decisions to be taken in weeks . accordance with the second subparagraph of paragraph 2. If the state of the market so requires, a decision may be taken to allow short-term contracts to be 7 . The Commission shall decide whether concluded also in respect of table wines other than storage contracts may or may not be entered into those of the type for which they may be in accordance with the first subparagraph of para­ concluded in accordance with the first subpara­ graph 2 and whether they may no longer be graph, where such table wines are closely related entered into in accordance with the second subpa­ economically to that type of table wine. Such ragraph of paragraph 2.' 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 Article 3 closely related economically.

The following Article shall be added to Regulation 3. Independently of the provisions of paragraph (EEC) No 816/70 : 2, short-term contracts may be entered into in respect of a given wine-growing zone or part Article 5a thereof when, especially because of an exception­ ally abundant harvest, an imbalance appears at the 1 . A system of aid is hereby instituted for the beginning of the wine year in such zone or part thereof between the quantities available and the private storage of grape must and concentrated grape must. quantities that can be sold.

4. Long-term contracts may be entered into in Private storage aid shall be granted subject to the respect of certain types of table wine to be speci­ conclusion with the intervention agencies, on terms and conditions to be determined, of one of fied, if the estimates for a wine year show that the the following types of storage contract : quantity of such wines available at the beginning of that year exceeds foreseeable requirements for — contracts valid for a period of three months, that year by more than four months' consumption . hereinafter called "short-term contracts", For the purpose of calculating the quantity avail­ — contracts valid for a period of nine months, able referred to in the first subparagraph, the hereinafter called " long-term contracts".

No L 187/8 Official Journal of the European Communities 27 . 7 . 77

2. If the market situation so requires, and in to give the producer the option of distilling wines particular : produced from varieties of vines obtained from interspecific crossings (direct producer hybrids) — when preventive distillation is decided on falling into the category of provisionally autho­ pursuant to Article 6b, the conclusion of short­ rized varieties . term contracts may be permitted between 1 September and 15 December following, 3 . The buying-in price for wine delivered for — when a decision is taken to allow long-term distillation under paragraphs 1 and 2 shall be that private storage contracts for table wines to be laid down in Article 24a (3) for the wine year concluded, the conclusion of long-term concerned . The price paid by the distiller may not contracts may be permitted between 16 be less than the buying-in-price. December and 28 February following. However, grape must intended for the produc­ 4. The Council, acting on a proposal from the tion of grape juice may be excluded from this Commission in accordance with the voting proce­ option . dure laid down in Article 43 (2) of the Treaty, shall adopt general rules concerning the distillation 3. The decision to permit the conclusion of referred to in paragraphs 1 and 2, and in particular storage contracts in accordance with paragraph 2 concerning : and the detailed rules for the application of this Article shall be adopted in accordance with the — the conditions under which distillation may be carried out, procedure laid down in Article 7 of Regulation No 24.' — the criteria for determining the amount of aid so as to enable the distilled products to be disposed of. Article 4 5. The decision to carry out the distillation Article 6b ( 1 ) of Regulation (EEC) No 816/70 shall be referred to in paragraph 1 or that referred to in replaced by the following : paragraph 2 and the detailed rules for the applica­ ' 1 . Where, during the period 1 September to 15 tion of this Article shall be adopted in accordance December following, the quantity of table wines of with the procedure laid down in Article 7 of Regu­ lation No 24 .' all types under storage contracts is equal to or greater than seven million hectolitres, preventive distillation may be decided on for all wines, Article 6 except : — wines produced from table grapes, Article 24a of Regulation ( EEC) No 816/70 shall be amended as follows : — wines produced from varieties of vines obtained from interspecific crossings (direct (a) paragraph 4 shall be deleted ; producer hybrids) falling into the category of provisionally authorized varieties, (b) paragraph 5 shall become paragraph 4 ; — wines suitable for producing certain potable (c) paragraph 6 shall be replaced by the following : spirits obtained from wine with a registered designation of origin .' ' 5. The decision fixing the additional rate provided for in paragraph 1 and the detailed rules for applying this Article shall be adopted in accor­ Article 5 dance with the procedure laid down in Article 7 of Regulation No 24.' The following shall be added to Regulation ( EEC) No 816/ 70 : Article 7 Article 6d The first subparagraph of Article 17 (4) of Regulation 1 . In years in which the harvest of wine suitable ( EEC) No 816/70 shall be replaced by the following : for producing certain potable spirits obtained from wine with a registered designation of origin '4 . Each year, before 31 December, the Commis­ exceeds the volume of wine used for this purpose sion shall submit a report to the Council which, in in the previous wine year by one million hecto­ particular, records the ratio between production litres, it may be decided that the wines in question and utilization and estimates foreseeable changes may be distilled . in that ratio on the basis, in particular, of the fore­ casts provided / for in paragraph 3 and the latest 2 . In the 1976/ 77 and 1977/ 78 wine years, it figures of the viticultural land register provided for may, at the request of a Member State , be decided in Regulation 26/64/ EEC.'

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Article8¶

Article 24a of Regulation (EEC) No 816/70 shall be The following shall be added to Article 28 ( la) of amended as follows : Regulation (EEC) No 816/70 : 1 . The third subparagraph of paragraph 1 shall be replaced by the following : '(c) to enable the requirements contained in the certificate or the analysis report, referred to in 'A decision may be taken to adjust the additional ( 1 ) (a) above, to be dispensed with in whole or rate according to area on the basis of one or more in part, in the case of certain wines accompa­ of the following criteria : nied by a certificate of designation of origin or — the yield per hectare, by a certificate of origin .' — the vine variety, — the colour or the type of the wine, Article 10 — the alcoholic strength .'

2. The last subparagraph of paragraph 2 shall be This Regulation shall enter into force on 1 September deleted . 1977 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 19 July 1977.

For the Council

The President

A. HUMBLET