Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organization of the market in wine

• Published date: 05 March 1979
• Official Gazette Publication: Official Journal of the European Communities, L 54, 5 March 1979

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Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organization of the market in wine

Official Journal L 054 , 05/03/1979 P. 0001 - 0047
Greek special edition: Chapter 03 Volume 24 P. 0112
Spanish special edition: Chapter 03 Volume 15 P. 0160
Portuguese special edition Chapter 03 Volume 15 P. 0160

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COUNCIL REGULATION ( EEC ) NO 337/79

OF 5 FEBRUARY 1979

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 ARTICLES 42 AND 43 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,

WHEREAS , SINCE THEIR ADOPTION , THE BASIC PROVISIONS CONCERNING THE ORGANIZATION OF THE MARKET IN WINE HAVE BEEN AMENDED A NUMBER OF TIMES ; WHEREAS , BY REASON OF THEIR NUMBER , THEIR COMPLEXITY AND THEIR DISPERSAL AMONG VARIOUS OFFICIAL JOURNALS , THE RELEVANT TEXTS ARE DIFFICULT TO USE AND THUS LACK THE CLARITY WHICH SHOULD BE AN ESSENTIAL FEATURE OF ALL LEGISLATION ; WHEREAS THEY SHOULD THEREFORE BE CONSOLIDATED ;

WHEREAS THE OPERATION AND DEVELOPMENT OF THE COMMON MARKET IN AGRICULTURAL PRODUCTS MUST BE ACCOMPANIED BY THE ESTABLISHMENT OF A COMMON AGRICULTURAL POLICY TO INCLUDE IN PARTICULAR A COMMON ORGANIZATION OF AGRICULTURAL MARKETS WHICH MAY TAKE VARIOUS FORMS DEPENDING ON THE PRODUCT ;

WHEREAS THE AIM OF THE COMMON AGRICULTURAL POLICY IS TO ATTAIN THE OBJECTIVES SET OUT IN ARTICLE 39 OF THE TREATY AND , IN PARTICULAR IN THE WINE SECTOR , TO STABILIZE MARKETS AND ENSURE A FAIR STANDARD OF LIVING FOR THE AGRICULTURAL COMMUNITY CONCERNED ; WHEREAS THESE OBJECTIVES MAY BE ATTAINED BY ADJUSTING RESOURCES TO NEEDS , IN PARTICULAR THROUGH THE PURSUIT OF A POLICY OF QUALITY ;

WHEREAS DETERMINATION OF THE MEASURES REQUIRED TO ACHIEVE THIS ADJUSTMENT DEPENDS ON KNOWING THE PRODUCTION POTENTIAL AND ON HAVING AN ESTIMATE OF THE VOLUME OF GRAPE MUST AND WINE AVAILABLE EACH YEAR ;

WHEREAS THE PREPARATION OF A VITICULTURAL LAND REGISTER , THE INTRODUCTION OF A SYSTEM OF HARVEST AND STOCK DECLARATIONS AND THE COMPILATION OF AN ANNUAL FORWARD ESTIMATE SHOULD ENABLE THE STATISTICAL INFORMATION ESSENTIAL FOR A KNOWLEDGE OF THE MARKETS TO BE OBTAINED ;

WHEREAS THE MANNER OF IMPLEMENTING THESE MEASURES MUST BE SUCH THAT THE INFORMATION OBTAINED IS COMPARABLE AT COMMUNITY LEVEL WHILE TAKING ACCOUNT OF THE SITUATION PECULIAR TO EACH MEMBER STATE ;

WHEREAS IT IS IMPORTANT TO HAVE EFFECTIVE INSTRUMENTS AVAILABLE FOR INTERVENTION ON THE MARKET ; WHEREAS AID FOR THE PRIVATE STORAGE OF TABLE WINES AND GRAPE MUSTS AND THE DISTILLATION OF THESE WINES MEET THIS REQUIREMENT ; WHEREAS TO APPLY SUCH MEASURES FOR THE SHORT AND LONG TERM PARTICULAR PROVISION SHOULD BE MADE , IN RESPECT OF EACH TYPE OF TABLE WINE REPRESENTATIVE OF COMMUNITY PRODUCTION , FOR FIXING A GUIDE PRICE AND , DERIVED THEREFROM , AN ACTIVATING THRESHOLD PRICE FOR INTERVENTION , ON THE BASIS OF WHICH INTERVENTION MEASURES MAY BE TAKEN ; WHEREAS , INDEPENDENTLY OF SUCH MEASURES , IT SHOULD BE POSSIBLE FOR INTERVENTION TO TAKE PLACE AT THE BEGINNING OF THE WINE-GROWING YEAR ON THE BASIS OF THE FORWARD ESTIMATE IN ORDER TO ENSURE AN OVERALL BALANCE DURING THAT YEAR ;

WHEREAS IT IS ADVISABLE TO MAKE PROVISION FOR AID TO BE GRANTED FOR THE RE-STORAGE OF TABLE WINES WHICH , SINCE THEY ARE THE SUBJECT OF A STORAGE CONTRACT , MAY NOT BE MARKETED AND THUS MIGHT CREATE STORAGE DIFFICULTIES FOR WINES OF THE NEW HARVEST ;

WHEREAS TO COMPLETE THE SYSTEM OF MARKET SUPPORT , PROVISION SHOULD BE MADE UNDER CERTAIN CONDITIONS FOR PREVENTIVE DISTILLATION AT A BUYING IN PRICE WHICH IS NOT SUCH AS TO ENCOURAGE PRODUCTION OF WINE OF INSUFFICIENT QUALITY ; WHEREAS , FURTHERMORE , IT HAS PROVED NECESSARY TO PROVIDE FOR ADDITIONAL MEASURES APPLICABLE TO HOLDERS OF LONG-TERM STORAGE CONTRACTS IN ORDER TO MAINTAIN PRICES AT A LEVEL HIGHER THAN THE ACTIVATING PRICE ; WHEREAS , IN ORDER TO BE EFFECTIVE , THESE ADDITIONAL MEASURES MAY CONSIST , IN PARTICULAR , OF STORAGE OF THE WINES IN QUESTION FOR A PERIOD TO BE DETERMINED , OF DISTILLATION OF THESE WINES , OR OF BOTH THESE MEASURES ;

WHEREAS , IN ORDER TO ENCOURAGE AN IMPROVEMENT IN THE QUALITY OF WINE IT WOULD SEEM ADVISABLE TO EXCLUDE FROM THE SCOPE OF THE INTERVENTION MEASURES , WITH THE EXCEPTION OF PREVENTIVE DISTILLATION AND THE DISTILLATION OF WINES SUITABLE FOR THE PRODUCTION OF CERTAIN SPIRITS OF REGISTERED DESIGNATION OF ORIGIN , THOSE WINES NOT REACHING A CERTAIN DEGREE OF ACTUAL ALCOHOLIC STRENGTH ;

WHEREAS THE CREATION OF A SINGLE COMMUNITY MARKET FOR WINE INVOLVES THE INTRODUCTION OF A SINGLE TRADING SYSTEM AT THE EXTERNAL FRONTIERS OF THE COMMUNITY ; WHEREAS THE COMPETENT AUTHORITIES MUST BE IN A POSITION TO KEEP IN TOUCH AT ALL TIMES WITH TRADE MOVEMENTS IN ORDER TO ASSESS MARKET TRENDS AND , WHERE REQUIRED , TAKE THE MEASURES PROVIDED FOR IN THIS REGULATION ; WHEREAS , TO THAT END , PROVISION SHOULD BE MADE FOR THE ISSUE OF IMPORT OR EXPORT LICENCES SUBJECT TO THE PROVISION OF A SECURITY TO ENSURE THAT THE TRANSACTIONS FOR WHICH THE LICENCES ARE REQUESTED ARE CARRIED OUT ;

WHEREAS , FURTHERMORE , APPLICATION OF THE DUTIES IN THE COMMON CUSTOMS TARIFF SHOULD SUFFICE , AS A GENERAL RULE , TO STABILIZE THE COMMUNITY MARKET BY PREVENTING PRICE LEVELS AND PRICE FLUCTUATIONS IN THIRD COUNTRIES FROM AFFECTING PRICES OBTAINING WITHIN THE COMMUNITY ;

WHEREAS , HOWEVER , IT IS NECESSARY TO AVOID DISTURBANCES ON THE COMMUNITY MARKET CAUSED BY OFFERS MADE ON THE WORLD MARKET AT ABNORMAL PRICES ; WHEREAS TO THAT END REFERENCE PRICES SHOULD BE FIXED FOR CERTAIN PRODUCTS AND CUSTOMS DUTIES SHOULD BE INCREASED BY A COUNTERVAILING CHARGE WHEN FREE-AT-FRONTIER OFFER PRICES PLUS CUSTOMS DUTIES ARE LOWER THAN REFERENCE PRICES ;

WHEREAS CERTAIN AGREEMENTS WITH THIRD COUNTRIES SIMILARLY MAKE PROVISION FOR PREFERENTIAL TARIFF CONCESSIONS PROVIDED THE REFERENCE PRICE IS OBSERVED ; WHEREAS IN SUCH CASES MEASURES SHOULD BE TAKEN TO ENSURE THAT THE SYSTEM OPERATES PROPERLY SO THAT THE PURPOSE OF THE IMPORT ARRANGEMENTS LAID DOWN BY THE COMMON ORGANIZATION OF THE MARKET IN WINE IS NOT FRUSTRATED ;

WHEREAS PROVISION SHOULD BE MADE IN PARTICULAR FOR THE MEASURES WHICH ARE NECESSARY TO ENABLE THE CUSTOMS AUTHORITIES OF THE MEMBER STATES TO APPLY THE AGREEMENTS WITH THIRD COUNTRIES ; WHEREAS IT IS ALSO NECESSARY TO SPECIFY , FOR PURPOSES OF IMPLEMENTING THESE AGREEMENTS , THE CONDITIONS AND THE PROCEDURE FOR WITHDRAWAL OF THE TARIFF CONCESSION WHERE THE REFERENCE PRICE IS NOT OBSERVED ; WHEREAS WITHDRAWAL MAY , DEPENDING ON THE CASE , BE COMBINED WITH REINTRODUCTION OF THE COUNTERVAILING CHARGE ;

WHEREAS , IN ORDER TO ENSURE THAT WITHDRAWAL OF THE TARIFF CONCESSION , OR REINTRODUCTION OF THE COUNTERVAILING CHARGE , IS NOT APPLIED FOR LONGER THAN IS STRICTLY NECESSARY TO ENSURE THE PROPER FUNCTIONING OF THE SYSTEM , IT IS ADVISABLE TO PROVIDE FOR A MONTHLY REVIEW OF THE SITUATION ;

WHEREAS THE REQUIREMENT THAT WINE MUST BE ACCOMPANIED BY A DOCUMENT FROM AN EXPORTING COUNTRY CAN BE A USEFUL MEANS OF CHECKING THE OBSERVANCE OF THE REFERENCE PRICE WHERE SUCH COUNTRY HAS UNDERTAKEN TO TAKE THE MEASURES NECESSARY TO ENSURE SUCH OBSERVANCE ;

WHEREAS , IN ORDER TO AVOID DISTURBANCES ON THE COMMUNITY MARKET , PROVISION SHOULD ALSO BE MADE FOR THE CHARGING OF AN IMPORT LEVY ON IMPORTS OF CERTAIN JUICES AND MUSTS FROM THIRD COUNTRIES AND FOR THE GRANTING OF A REFUND ON THE EXPORT OF THE SAID PRODUCTS TO THE SAID COUNTRIES , BOTH DESIGNED TO COMPENSATE FOR THE DIFFERENCE BETWEEN PRICES OBTAINING WITHIN AND OUTSIDE THE COMMUNITY ;

WHEREAS , IN ADDITION TO THE SYSTEM DESCRIBED ABOVE , AND TO THE EXTENT NECESSARY FOR ITS PROPER OPERATION , PROVISION SHOULD BE MADE FOR CONTROLLING INWARD PROCESSING ARRANGEMENTS AND , WHERE THE MARKET SITUATION SO REQUIRES , FOR A TOTAL OR PARTIAL PROHIBITION ON RECOURSE THERETO ; WHEREAS , HOWEVER , THIS MECHANISM MAY IN EXCEPTIONAL CIRCUMSTANCES PROVE DEFECTIVE ; WHEREAS , SO AS NOT TO LEAVE THE COMMUNITY MARKET WITHOUT DEFENCE AGAINST DISTURBANCES WHICH MAY ARISE AS A RESULT , THE COMMUNITY SHOULD BE ENABLED TO TAKE ALL NECESSARY MEASURES WITHOUT DELAY ;

WHEREAS THE ESTABLISHMENT OF A SINGLE MARKET IN WINE CALLS FOR RULES CONCERNING PRODUCTION AND THE CONTROL OF PLANTINGS ; WHEREAS , THEREFORE , THE CULTIVATION OF PROVISIONALLY AUTHORIZED VINE VARIETIES SHOULD ULTIMATELY BE PROHIBITED IN ORDER TO IMPROVE THE QUALITY OF THE WINES OBTAINED IN THE COMMUNITY ; WHEREAS PROVISION SHOULD BE MADE FOR CERTAIN DEROGATIONS FROM THE PRINCIPLE THAT ONLY VARIETIES INCLUDED IN THE CLASSIFICATION MAY BE CULTIVATED , IN ORDER TO ALLOW MEMBER STATES TO INVESTIGATE THE SUITABILITY OF A VINE VARIETY FOR ITS ENVIRONMENT , TO UNDERTAKE SCIENTIFIC RESEARCH , SELECTIVE CROSSING AND HYBRIDIZATION AND THE PRODUCTION OF MATERIAL FOR THE VEGETATIVE PROPAGATION OF GRAPE VINES RESERVED FOR EXPORT ;

WHEREAS IN CERTAIN YEARS IT MAY BE NECESSARY TO PERMIT THE ENRICHMENT OF PRODUCTS SUITABLE FOR YIELDING TABLE WINE ; WHEREAS , HOWEVER , IT IS IMPORTANT , IN THE INTERESTS ALIKE OF THE QUALITY AND OF THE MARKET , THAT SUCH ENRICHMENT BE SUBJECT TO CERTAIN CONDITIONS AND LIMITS AND THAT IT BE APPLIED ONLY TO PRODUCE OF CERTAIN VINE VARIETIES AND OF A MINIMUM POTENTIAL NATURAL ALCOHOLIC STRENGTH ; WHEREAS , SINCE PRODUCTION CONDITIONS VARY CONSIDERABLY BETWEEN ONE WINE-GROWING ZONE OF THE COMMUNITY AND ANOTHER , IT IS ESSENTIAL THAT ACCOUNT BE TAKEN OF SUCH VARIATIONS , IN PARTICULAR IN RESPECT OF ENRICHMENT PROCEDURES ;

WHEREAS , MOREOVER , ACIDITY IS AN ELEMENT IN ASSESSING THE QUALITY AND A FACTOR AFFECTING THE BEHAVIOUR OF WINE ; WHEREAS IT HAS PROVED NECESSARY TO FIX AN UPPER LIMIT OF ACIDIFICATION ;

WHEREAS SWEETENING SHOULD BE CONTROLLED IN ORDER TO AVOID EXCESSIVE ENRICHMENT OF WINE ;

WHEREAS , IN VIEW OF THE POOR QUALITY OF WINES...