EN Official Journal of the European Communities L 262/149

COUNCIL DIRECTIVE

of 27 July 1976

on the approximation of the laws of the Member States relating to alcohol tables

(76/766/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the Economic and Social Committee (2),

Whereas, in several Member States there are laws concerning the determination of the alcoholic strength of a mixture of water and ethanol, and whereas these laws differ from one Member State to another, thus creating obstacles to trade; whereas, Community harmonization in this field and the establishment of a common definition are therefore necessary;

Whereas, in its resolution of 17 December 1973 (3) on industrial policy, the Council invited the Commission to forward to it before 1 December 1974 a proposal for a Directive on alcoholometry and alcoholometers;

Whereas harmonization of the laws, regulations and administrative provisions relating to the method for determining alcoholic strength from the results of measurements taken is essential also as a complement to the Directive on the harmonization of alcoholometers and alcohol hydrometers, in order to remove all risk of ambiguity or dispute,

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive defines the method of expressing alcoholic strength, by volume or by mass, as defined in the Annex, and gives a formula to enable tables to be drawn up for calculating alcoholic strength on the basis of the measurements taken.

Article 2

As from 1 January 1980 Member States may not question the figures for alcoholic strength derived from the alcoholometric tables drawn up on the basis of the formula shown in the Annex, and from measurements taken with alcoholometers or alcohol hydrometers bearing the EEC marks and signs or with instruments providing at least an equivalent degree of accuracy, on grounds connected with the use of these tables or instruments.

Article 3

The symbols used to indicate alcoholic strength as mentioned in Article 2 and defined in the Annex shall be as follows:

‘% vol’ for alcoholic strength by volume,

‘% mas’ for alcoholic strength by mass.

Article 4

As from 1 January 1980, Member States shall prohibit the use of alcoholic strengths which do not comply with the requirements of this Directive.

Article 5

1. Member States shall adopt and publish within a period of 24 months from the date of notification of this Directive the measures necessary to conform with this Directive and shall forthwith inform the Commission thereof.

They shall apply these measures from 1 January 1980 at the latest.

2. Member States shall inform the Commission of the texts of the main provisions of national law which they adopt in the field covered by this Directive.

Article 6

This Directive is addressed to the Member States.

Done at Brussels, 27 July 1976. For the Council The President M. van der STOEL

(1) OJ No C 76, 7. 4. 1975, p. 39.

(2) OJ No C 248, 29. 10. 1975, p. 22.

(3) OJ No C 117, 31. 12. 1973, p. 1.