. IT TAKES THE VIEW THAT THIS CONSTITUTES AN OMISSION IN THE EXISTING VERSION OF THE PROVISION , WHICH NEEDS TO BE RECTIFIED BY REDRAFTING THE PROVISION SO THAT IT EXPRESSLY INCLUDES INTERMEDIATE BEVERAGES WHICH HAVE NOT YET BEEN TURNED INTO TABLE WINE OR INTO WINE SUITABLE FOR YIELDING TABLE WINE .
14 THE COMMISSION CONSIDERS THAT THE FACT THAT COMPLIANCE WITH THE CONTESTED PROVISION IN ARTICLE 36 IS ENFORCED BY PROVISIONS OF CRIMINAL LAW IN THE MEMBER STATES MAKES IT NECESSARY TO EXCLUDE A BROAD INTERPRETATION OF THE PROVISION , EVEN IF SUCH AN INTERPRETATION IS IN CONFORMITY WITH THE SCHEME OF REGULATION NO 337/79 AND ITS PURPOSE , AS SET OUT ABOVE ; INSTEAD IT IS NECESSARY TO ADOPT A RESTRICTIVE INTERPRETATION IN CONFORMITY WITH THE STRICT WORDING OF THE PROVISION AND TO RULE THAT IT IS APPLICABLE ONLY TO WINE SUITABLE FOR YIELDING TABLE WINE AND TO TABLE WINE .
15 IN THE FIRST PLACE , IT MUST BE EMPHASIZED THAT , AS THE COURT STATED IN ITS JUDGMENT OF 21 MARCH 1972 IN CASE 82/71 ( PUBBLICO MINISTERO V SAIL ( 1972 ) ECR 119 ), ARTICLE 177 OF THE EEC TREATY ' DRAWS NO DISTINCTION ACCORDING TO THE NATURE , CRIMINAL OR OTHERWISE , OF THE NATIONAL PROCEEDINGS WITHIN THE FRAMEWORK OF WHICH THE PRELIMINARY QUESTIONS HAVE BEEN FORMULATED ( SINCE ) THE EFFECTIVENESS OF COMMUNITY LAW CANNOT VARY ACCORDING TO THE VARIOUS BRANCHES OF NATIONAL LAW WHICH IT MAY AFFECT ' .
16 NEXT , IT MUST BE POINTED OUT THAT THE PRODUCT DESCRIBED AS ' FEDERWEISSER ' IS MERELY GRAPE MUST AT A CERTAIN STAGE OF FERMENTATION AND THEREFORE FALLS WITHIN THE SCOPE OF REGULATION NO 337/79 . ACCORDING TO ARTICLE 1 ( 2 ) OF REGULATION NO 337/79 , GRAPE MUST IN FERMENTATION IS SUBJECT TO THE RULES LAID DOWN IN THE REGULATION ; IT IS INCLUDED IN THE LIST OF PRODUCTS REFERRED TO IN ARTICLE 1 ( 4 ) OF THE REGULATION AND IS DEFINED IN ANNEX II THERETO .
17 IT SHOULD ALSO BE NOTED THAT IT IS CLEAR FROM THE SCHEME OF THE PROVISIONS SET OUT IN TITLE IV OF REGULATION NO 337/79 , WHICH IS HEADED ' RULES CONCERNING OENOLOGICAL PROCESSES AND CONDITIONS FOR RELEASE TO THE MARKET ' , THAT THOSE PROVISIONS LAY DOWN THE CONDITIONS IN WHICH THE MEMBER STATES MAY PERMIT THE NATURAL ALCOHOLIC STRENGTH BY VOLUME OF VINE PRODUCTS TO BE INCREASED . THE GENERAL RULE , THEREFORE , IS THAT INCREASES IN ALCOHOLIC STRENGTH ARE PROHIBITED .
18 IT FOLLOWS FROM THE SCHEME OF THE AFORESAID PROVISIONS THAT AUTHORIZATION TO INCREASE ALCOHOLIC STRENGTH BY VOLUME MAY BE GIVEN ONLY IF ALL THE CONDITIONS LAID DOWN BY ARTICLES 32 , 33 AND 36 OF REGULATION NO 337/79 ARE SATISFIED AND THAT , CONSEQUENTLY , IF ONE OF THOSE CONDITIONS IS NOT SATISFIED , THE PROHIBITION ON INCREASING ALCOHOLIC STRENGTH PREVAILS .
19 THE PURPOSE OF ARTICLE 32 OF REGULATION NO 337/79 IS TO LAY