COMMERCIAL TRANSACTIONS AND ALL VERIFICATION PROCEDURES '.
10 IT MUST BE CONCLUDED THAT THEY ARE MANDATORY NOT MERELY WHEN WINE HAS TO BE ANALYSED FOR COMMERCIAL PURPOSES BUT ALSO WHENEVER THE DETERMINATION OF THE ELEMENTS REFERRED TO IS NECESSARY TO ESTABLISH FRAUD OR ADULTERATION .
11 ON THE OTHER HAND IT MUST BE NOTED THAT THE METHODS OF ANALYSIS LAID DOWN IN REGULATION NO 1539/71 ONLY SERVE TO DETERMINE THE CONSTITUENT ELEMENTS OF WINE LISTED IN THE ANNEX TO THE REGULATON .
12 IT FOLLOWS THAT THE REGULATION IS NOT EXHAUSTIVE BUT LEAVES TO THE MEMBER STATES THE CHOICE OF APPLYING OTHER METHODS OF ANALYSIS FOR DETERMINING THE CONSTITUENT ELEMENTS OF WINE WHICH ARE NOT RELEVANT TO THE APPLICATION OF REGULATIONS NOS 816/70 AND 817/70 .
13 IN ORDER TO PROVIDE THE NATIONAL COURT WITH ALL THOSE ELEMENTS OF INTERPRETATION OF COMMUNITY LAW WHICH MAY BE OF USE TO IT IN DETERMINING THE EFFECTS OF THE COMMUNITY PROVISIONS AT ISSUE THE COURT MUST NEVERTHELESS EXAMINE WHETHER THE LATTER PREVENT THE USE OF THE 100* METHOD OF ANALYSIS FOR THE PURPOSES OF A PRESUMPTION IN LAW AS PROVIDED BY ARTICLE 8 OF THE CODE DU VIN .
14 IN THIS RESPECT IT MUST FIRST BE ASCERTAINED WHETHER SUCH A PRESUMPTION IN LAW FOR THE DETERMINATION OF CASES OF OVER-ALCOHOLIZATION IS COMPATIBLE WITH COMMUNITY RULES, LEAVING ASIDE THE QUESTION OF THE METHOD OF ANALYSIS USED .
15 IT MUST BE OBSERVED IN THIS RESPECT THAT, WHILST THE COMMUNITY RULES HAVE NOT, UP TO NOW, BEEN EXTENDED TO COVER ALL OENOLOGICAL PRACTICES, REGULATION NO 816/70 CONTAINS IN TITLE IV DETAILED PROVISIONS RELATING TO THE ENRICHMENT OF WINE TO WHICH ARTICLES 7 AND 9 OF REGULATION NO 817/70 REFER .
16 ARTICLE 39 ( A ) OF REGULATION NO 816/70, WHICH WAS INTRODUCED BY ARTICLE 12 OF REGULATION NO 2680/72 OF THE COUNCIL OF 12 DECEMBER 1972, PROVIDES THAT THE MEMBER STATES SHALL TAKE ALL APPROPRIATE MEASURES TO ENSURE COMPLIANCE WITH THAT REGULATION .
17 MOREOVER, THIS RULE AIMS TO STRENGTHEN AND TO EXTEND THE APPLICATION OF THAT LAID DOWN IN ARTICLE 9 OF REGULATION NO 1594/70 OF THE COMMISSION OF 5 AUGUST 1970 WHICH PROVIDES THAT PENDING THE ADOPTION OF COMMUNITY PROVISIONS IN THIS MATTER, MEMBER STATES SHALL TAKE ALL NECESSARY MEASURES TO ENSURE THAT THE PROVISIONS RELATING TO ENRICHING, ACIDIFYING AND DE-ACIDIFYING ARE OBSERVED .
18 IT FOLLOWS FROM THIS THAT THE MEMBER STATES MUST TAKE EFFECTIVE MEASURES OF CONTROL WHILST RETAINING THE POWER TO CHOOSE THE MEASURES WHICH THEY CONSIDER APPROPRIATE FOR THAT PURPOSE WITHIN THE LIMITS WHICH HAVE BEEN LAID DOWN BY OTHER RULES OF COMMUNITY LAW .
19 THUS, WHEN A MEMBER STATE ADOPTS OR MAINTAINS, FOR THE DETECTION OF ILLEGAL ENRICHMENT OPERATIONS, A PRESUMPTION IN LAW OF OVER-ALCOHOLIZATION BASED, LIKE ARTICLE 8 OF THE CODE DU VIN, ON THE PROPORTION OF ALCOHOL TO REDUCED EXTRACT, THE PROBLEM ARISES WHETHER THIS PROVISION MUST BE CONSIDERED AS A MEASURE OF CONTROL WHICH COMES WITHIN THE NATIONAL JURISDICTION OR AS A