DECLARED AS ORIGINATING IN ' ' NON-MEMBER COUNTRIES ' ' .
4 IT APPEARS FROM THE JUDGMENT MAKING THE REFERENCE THAT THE WINES IN QUESTION WERE GREEK AND ALGERIAN WINES WHICH WERE IMPORTED INTO THE NETHERLANDS BEFORE 1 JUNE 1970 ( THE DATE ON WHICH THE ABOVE-MENTIONED REGULATION OF THE COUNCIL ENTERED INTO FORCE ) AND WERE BLENDED IN THE NETHERLANDS . THE WINES WERE IN FREE CIRCULATION IN THE NETHERLANDS AND WERE SOLD BY A NETHERLANDS COMPANY TO THE FRENCH COMPANIES , ALBERT CLEMENT AND GERARD CES , WHICH IMPORTED THEM INTO FRANCE AND DECLARED THEM AS BEING INTENDED FOR VINEGAR-MAKING .
5 ARTICLE 26 ( 4 ) OF REGULATION NO 816/70 CITED ABOVE , WHICH CONCERNS WINES FROM NON-MEMBER COUNTRIES , PROVIDES THAT ' ' THE COUPAGE OF AN IMPORTED WINE WITH A COMMUNITY WINE AND THE COUPAGE ON COMMUNITY TERRITORY OF IMPORTED WINES SHALL BE PROHIBITED EXCEPT BY WAY OF DEROGATION TO BE DECIDED BY THE COUNCIL , ACTING IN ACCORDANCE WITH THE VOTING PROCEDURE LAID DOWN IN ARTICLE 43 ( 2 ) OF THE TREATY ON A PROPOSAL FROM THE COMMISSION ' ' .
6 REGULATION NO 1021/70 OF THE COMMISSION OF 29 MAY 1970 ( JOURNAL OFFICIEL 1970 , L 118 , P . 19 ) AUTHORIZED COUPAGE BETWEEN IMPORTED WINES UNTIL 31 DECEMBER 1970 ON THE TERRITORY OF THE MEMBER STATES WHICH HAD AVAILED THEMSELVES OF THE AUTHORIZATION ACCORDED AS A TRANSITIONAL MEASURE . HOWEVER , UNDER ARTICLE 2 OF THE REGULATION WINES PRODUCED BY SUCH COUPAGE COULD BE MARKETED ONLY ON THE TERRITORY OF THE MEMBER STATE IN WHICH THEY HAD BEEN SUBJECT TO COUPAGE AND UNTIL 31 DECEMBER 1970 ON THE TERRITORY OF OTHER MEMBER STATES WHICH HAD AVAILED THEMSELVES OF THE AUTHORIZATION THUS ACCORDED AS A TRANSITIONAL MEASURE . IT IS ESTABLISHED THAT FRANCE DID NOT AVAIL ITSELF OF THAT AUTHORIZATION .
7 THE ACCUSED MAINTAINED BEFORE THE NATIONAL COURT THAT ARTICLE 26 ( 4 ) OF REGULATION NO 816/70 DID NOT APPLY TO WINES INTENDED FOR VINEGAR-MAKING .
8 IN THOSE CIRCUMSTANCES THE NATIONAL COURT REFERRED TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING ON THE QUESTION ' ' WHETHER THE PROVISIONS OF ARTICLE 26 ( 4 ) OF REGULATION ( EEC ) NO 816/70 OF 28 APRIL 1970 APPLY TO WINES INTENDED FOR VINEGAR-MAKING ' ' .
9 BEFORE THE QUESTION RAISED IS CONSIDERED , IT SHOULD BE POINTED OUT THAT IT IS CLEAR FROM THE INFORMATION WHICH WAS SUPPLIED TO THE COURT DURING THE PROCEEDINGS THAT WINES INTENDED FOR VINEGAR-MAKING IMPORTED INTO FRANCE ARE THE SUBJECT OF A SPECIAL CUSTOMS DECLARATION AND REMAIN UNDER CUSTOMS CONTROL UNTIL THEY ARE PROCESSED INTO VINEGAR . THOSE CONTROLS THEREFORE ENSURE THAT THERE IS NO POSSIBILITY OF SUCH WINES BEING MARKETED WITH A VIEW TO DIRECT HUMAN CONSUMPTION .
10 IN ORDER TO REPLY TO THE QUESTION RAISED , IT IS NECESSARY TO CONSIDER THE GENERAL SCHEME OF ARTICLE 26 OF THE REGULATION . PARAGRAPH ( 1 ) PROVIDES THAT WHERE