31977R2211

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- % C III and to permit, in certain installations only, addi­ ment (!), 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 C I (a), C I (b) and C II ; Social Committee (2),

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 (a) an average producer price (hereinafter called of a number of quotation centres, rather than a the "average price") for each representative market for the relevant type of table wine ; (') OJ No C 163, 11 . 7. 1977, p . 78 . (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.

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 may be authorized provided that the deacidifi­ rules results in the number of average prices to 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 the derogations referred to in paragraph 3 and the be calculated on the basis of the volumes to which the other detailed rules for the application of this average prices used refer.' Article and in particular the conditions under which the operations referred to in paragraph 2 Article 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 lation No 24 .' (3) and 6c ( 1 ) of Regulation (EEC) No 816/70 shall be 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,

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. The following points shall be added to paragraph 2 : (2), first and third indents, those processes may 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 and 22 ; (a) and C I (b) ; (1) use of one of the following substances for — before 16 March, in wine-growing zones A and B, deacidification purposes under the conditions referred to in Articles 20 and 22 : and only for products of the wine harvest immedi­ — neutral potassium tartrate, ately preceding those dates. — 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 The first subparagraph of Article 8 ( 1 ) of Regulation harvest immediately preceding that date ; (EEC) No 817/70 shall be replaced by the following : — the processes referred to in the third indent of ' 1 . Conditions and limits for the acidification Article 20 (2) may be carried out only before 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