OF FRESH GRAPES FLAVOURED WITH AROMATIC EXTRACTS .
11 THE FACT THAT WINE-BASED APERITIFS BELONG TO HEADING 22.06 OF THE COMMON CUSTOMS TARIFF CAN BE NO SUBSTITUTE FOR SUCH REGULATIONS . THE PURPOSE OF THE COMMON CUSTOMS TARIFF IS TO CLASSIFY GOODS SO THAT CUSTOMS DUTIES CAN BE COLLECTED AND NOT TO REGULATE THE METHODS BY WHICH THE PRODUCTS WHICH IT TAXES ARE MADE .
12 THE ANSWER TO THE FIRST QUESTION PUT TO THE COURT MUST THEREFORE BE THAT THE APPELLATION ' ' WINE-BASED APERITIFS ' ' IS NOT AT PRESENT GOVERNED BY COMMUNITY REGULATIONS WHICH EXCLUDE THE APPLICATION OF THE NATIONAL LEGISLATION OF THE MEMBER STATES .
QUESTION 2
13 THE ACCUSED CONTEND THAT IN SO FAR AS THEY EXIST THE COMMUNITY REGULATIONS ALLOW TABLE WINE OF AN ALCOHOLIC STRENGTH OF 8.5* TO BE USED TO MAKE WINE-BASED APERITIFS , TABLE WINE BEING DEFINED IN ANNEX II TO REGULATION ( EEC ) NO 816/70 OF THE COUNCIL AND NOW BY ANNEX II TO REGULATION NO 337/79 AS WINE WHICH HAS AN ALCOHOLIC STRENGTH OF NOT LESS THAN 8.5* AND NOT MORE THAN 15* OR 17* . THEY CLAIM THAT THIS HAS THE EFFECT OF RENDERING INAPPLICABLE ARTICLE 5 OF THE DECREE OF 31 JANUARY 1930 PROHIBITING THE USE OF A WINE OF AN ALCOHOLIC STRENGTH OF LESS THAN 10* FOR MAKING WINE-BASED APERITIFS .
14 ACCORDING TO THE FRENCH GOVERNMENT , THE FACT THAT WINE-BASED APERITIFS ARE NOT REGULATED AT COMMUNITY LEVEL MEANS THAT ARTICLE 5 OF THE FRENCH DECREE OF 31 JANUARY 1930 ON THE MAKING OF WINE-BASED APERITIFS , WHICH IS INTENDED TO MAINTAIN THE NECESSARY QUALITY STANDARDS FOR NATIONAL PRODUCTS CONTINUES TO APPLY . THE FRENCH GOVERNMENT HAS EXPLAINED THAT THE MINIMUM PROPORTION OF ALCOHOL IN BASE WINES WAS FIXED AT 10* IN ORDER TO ENSURE THAT SINCE IT IS ENRICHED WITH DISTILLED ALCOHOL THE PRODUCT SOLD AS ' ' WINE-BASED APERITIF ' ' SHOULD CONTAIN A SUFFICIENTLY REPRESENTATIVE PROPORTION OF ALCOHOL DERIVED FROM THE NATURAL FERMENTATION OF GRAPES .
15 THE COMMISSION SUBMITS THAT THE ADDITION OF ALCOHOL WITHIN THE MEANING OF REGULATION NO 351/79 TO PRODUCTS GOVERNED BY THE COMMON ORGANIZATION MAY TAKE PLACE ONLY IN COMPLIANCE WITH THE COMMUNITY DEFINITIONS OF THOSE PRODUCTS AND , IN THE CASE OF TABLE WINE , WITH THE DEFINITION GIVEN AT POINT 11 OF ANNEX II REGULATION NO 337/79 WHICH ALLOWS A MINIMUM ALCOHOLIC STRENGTH OF 8.5* AND A MAXIMUM OF 15* OR 17* , AS THE CASE MAY BE . ACCORDING TO THE COMMISSION , IT FOLLOWS IF A RULE OF NATIONAL LAW RELATING TO TABLE WINE USED TO MAKE WINE-BASED APERITIFS REQUIRES WINE OF AN ALCOHOLIC STRENGTH OF LESS THAN 8.5* OR MORE THAN 15* OR 17* TO BE USED , THAT RULE IS NOT COMPATIBLE WITH COMMUNITY LAW .
16 SINCE THERE ARE NO APPLICABLE COMMUNITY REGULATIONS THE MEMBER STATES CONTINUE TO HAVE THE POWER TO DEFINE THE STANDARDS APPLICABLE TO THE MANUFACTURE AND MARKETING OF NATIONAL PRODUCTS CALLED WINE-BASED APERITIFS . THEREFORE