31990R3747
No L 360/34 Official Journal of the European Communities 22. 12 . 90
COMMISSION REGULATION (EEC) No 3747/90 of 19 December 1990 opening compulsory distillation as provided for in Article 39 of Council Regulation (EEC) No 822/87 and derogating for the 1990/91 wine year from certain detailed rules for the application thereof
THE COMMISSION OF THE EUROPEAN COMMUNITIES, provided for small producers will differ greatly in effect between regions ; whereas both this fact and the difficul ties that were produced by the introduction of a dual Having regard to the Treaty establishing the European exemption arrangement within regions must be taken Economic Community, into account for the fixing of the minimum quantity for delivery by producers ;
Having regard to the Act of Accession of Spain and Whereas experience has shown that the fulfilment of a Portugal, and in particular Article 90 thereof, producer's obligation through the delivery of wine obtained in a region of production other than that of the production of the said wine-grower has contributed to the Having regard to Council Regulation (EEC) No 822/87 of imbalance on the market in certain regions ; whereas the 16 March 1987 on the common organization of the obligation should be considered as fulfilled only where market in wine ('), as last amended by Regulation (EEC) wine delivered and wine which is the subject of the obli No 1325/90 (2), and in particular Article 39 (9), (10) and gation are obtained from the same region ; ( 11 ) thereof,
Whereas, in accordance with Article 39 (7) of Regulation Whereas the data available at present to the Commission, (EEC) No 822/87, distillers may either receive aid in and in particular those in the forward estimate for the respect of the product to be distilled or deliver the 1990/91 wine year, show that a feature of that year is an product obtained from distillation to the intervention imbalance on the market for table wine and wine suitable agency ; whereas the amount of the aid must be fixed on the basis of the criteria laid down in Article 16 of Coiincil for yielding table wine ; whereas the conditions laid down in Article 39 (1 ) of Regulation (EEC) No 822/87 for initi Regulation (EEC) No 2046/89 (3) ; ating compulsory distillation are therefore fulfilled ; Whereas the derogation provided for in the first subpara graph of Article 39 (10) of Regulation (EEC) No 822/87 Whereas in view of the prices and the desirable level of was extended for one wine year by Regulation (EEC) No availabilities at the end of the year, the distillation of 1325/90, whereas the detailed rules relating thereto must 17 950 000 hectolitres of wine appears necessary in the be extended for the same period ; Community ;
Whereas the measures provided for in this Regulation are Whereas the experience acquired in the 1987/88 in accordance with the opinion of the Management marketing year of the option whereby grape must Committee for Wine, intended for the production after 15 March of products other than table wine may be deducted from the volume to be used for determining the quantity of wine to be delivered for distillation is inadequate for judging the effect of the measure ; whereas that opinion should be HAS ADOPTED THIS REGULATION : made available again in the 1988/89 marketing year so that its impact can be assessed ;
Article 1 Whereas a large number of small producers of grapes belong to cooperative wineries or producer groups ; whereas the articles of association of these organizations 1 . Distillation as provided for in Article 39 (1 ) of Regu are such that in certain production regions the delivery lation (EEC) No 822/87 is hereby decided on for the obligation provided for in Article 39 of Regulation (EEC) 1990/91 wine year. No 822/87 falls on the organization as a whole and in others falls on the producers individually ; whereas in consequence there is a danger that the exemption 2. The total quantity of table wine to be destilled shall be 17 950 000 hectolitres .
(') OJ No L 84, 27. 3. 1987, p. 1 . 0 OJ No L 132, 23. 5. 1990, p. 19. (3) OJ No L 202, 14. 7. 1989, p. 14.
22. 12 . 90 Official Journal of the European Communities No L 360/35
3 . The quantities to be distilled in the regions as white table, wine of type A I, R I and R II except in referred to in Article 4 (2) of Commission Regulation Spain, where the price shall be ECU 0,77, (EEC) No 441 /88 (') shall be as follows : Article 5 — Region 1 : 0 hectolitres, — Region 2 : 0 hectolitres, The aid for which the distiller may qualify, as against the — Region 3 : 1 000 000 hectolitres, prices laid down in Article 4, shall be : — Region 4 : 2 200 000 hectolitres, (a) where the product obtained from distillation complies — Region 5 : 50 000 hectolitres, with the definition of neutral spirits as set out in the — Region 6:14 700 000 hectolitres. Annex to Regulation (EEC) No 2046/89 : ECU 0,36 and 0,25 per % vol alcohol per hectolitre. 4. Region 6 as referred to in paragraph 3 shall be divided into two parts as follows : (b) where the product obtained from distillation is wine spirits complying with the quality criteria laid down — Part A : by national provisions in force : ECU 0,25 and 0,14 consisting of the Regions of Asturias, the Balearic per % vol alcohol per hectolitre. Islands, Cantabria and Galicia and the provinces of Guipuzcoa and Vizcaya, (c) where the product obtained from distillation where it is obtained from white wine of typ A I : ECU 0,25 and — Part B : 0,14 per % vol alcohol per hectolitre. consisting of any territory in Region 6 not included in Part A. Article 6 The quantities to be distilled in the abovementioned parts 1 . The price to be paid to the distiller by the interven of Region 6 shall be as follows : tion agency for the product delivered in accordance with — Part A : 0 hectolitres, the second indent of the first subparagraph of Article 39 — Part B : 14 700 000 hectolitres . (7) of Regulation (EEC) No 822/87, as against the prices laid down in Article 4, shall be ECU 1,32 and 1,21 per % vol alcohol per hectolitre. Article 2 These prices shall apply to neutral spirits complying with By way of derogation from Article 6 (1 ) of Regulation the definition as set out in the Annex to Regulation (EEC) (EEC) No 441 /88 producers many deduct from the No 2046/89 . volume indicated in the first paragraph of that Article quantities of grape must intended for the preparation of 2. For spirits other than those referred to in paragraph products other than table wine not yet processed by 15 1 , the prices given in that paragraph shall be reduced by March, provided that they undertake to process them by ECU 0,1 1 per % vol alcohol per hectolitre. 31 August. If such processing has not taken place by the latter date, producers must deliver for compulsory distilla Article 7 tion in the form of wine, a quantity resulting from the application of the percentage provided for in Article 8 to The aid for which fortifiers of wine for distillation shall the quantity of unprocessed must, plus 20 % . That quan qualify, as against the prices laid down in Article 4, shall tity must be delivered by the date fixed by the competent be : national authority pursuant to Article 12 (5) of Regulation — ECU 0,24 and 0,13 per % vol alcohol per hectolitre. (EEC) No 441 /88.
Article 8 Article 3 For the purposes of Article 12 ( 1 ) and (2) of Regulation By way of derogation from Article 9 (1 ) of Regulation (EEC) No 441 /88 the obligation shall be deemed to have (EEC) No 441 /88 the quantity of table wine below which been fulfilled only where the wine delivered is obtained producers are exempted from the obligation to deliver from the same region as that of the producer's own shall be 5 hectolitres except for producers in the regions production. indicated in the first indent in the second subparagraph of Article 7 of that Regulation, for whom it shall be 25 Article 9 hectolitres . In Article 21 of Regulation (EEC) No 441 /88, ' 1987/ 1988 Article 4 until 1989/ 1990' is replaced by ' 1987/ 1988 until 1990/ 1991 '. Without prejudice to the application of Article 44 of Regulation (EEC) No 822/87, the buying-in prices for Article 10 table wine to be delivered for compulsory distillation shall be ECU 0,88 per % vol alcohol and per hectolitre for This Regulation shall enter into force on the day of its publication in the Official Journal of the European \ V) OJ No L 45, 18 . 2. 1988, p. 15. Communities.
No L 360 /36 Official Journal of the European Communities 22. 12. 90
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 19 December 1990 .
For the Commission Ray MAC SHARRY Member of the Commission