CELEX: 31970R0816
Language: en
Date: 1970-04-28 00:00:00
Title: Regulation (EEC) No 816/70 of the Council of 28 April 1970 laying down additional provisions for the common organisation of the market in wine

234                                Official Journal of the European Communities
 5.5.70                             Official Journal of the European Communities                             No L 99 / 1
                                REGULATION (EEC) No 816/70 OF THE COUNCIL
                                                    bf 28 April 1970
               laying down additional provisions for the common organisation of the market in wine
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        Whereas the creation of a single Community market
                                                                for wine involves the introduction of a single trading
Having regard to the Treaty establishing the                    system at the external frontiers of the Community;
European Economic Community, and in particular                  whereas application of the duties in the Common
Articles 42 and 43 thereof;                                     Customs Tariff should suffice, as a general rule, to
                                                                stabilise the Community market by preventing price
                                                                levels and price fluctuations in third countries from
 Having regard to the proposal from the Commission;             affecting prices ruling within the Community;
Having regard to the Opinion of the European                    Whereas, however, it is necessary to avoid
 Parliament1 ;                                                  disturbances on the Community market caused by
                                                                offers made on the world market at abnormal prices;
Having regard to the Opinion of the Economic and                whereas to that end reference prices should be fixed
Social Committee2;                                              for wine and customs duties should be increased by a
                                                                countervailing charge when free-at-frontier offer
                                                                prices plus customs duties are lower than reference
Whereas the operation and development of the com­             ' prices ;
mon market in agricultural products must be ac­
companied by the establishment of a common agri­
cultural policy to include in particular a common               Whereas, in order to safeguard Community
organisation of agricultural markets which may take             participation in international trade in wine products,
various forms depending on the product;                         provision should be made for granting refunds on
                                                                exports of those products to third countries;
Whereas the aim of the common agricultural policy is            Whereas, in addition to the system described above,
to attain the objectives set out in Article 39 of the
                                                                and to the extent necessary for the proper working of
Treaty ; whereas, in particular in the wine sector, the         the export refund mechanism, provision should be
need to stabilise markets and ensure a. fair standard
                                                                made for prohibiting recourse to inward processing
of living for the agricultural community concerned              arrangements ;
makes it desirable that intervention measures may be
taken in the form of aid for private storage and,
where appropriate, by the distillation of table wines;          Whereas the competent authorities must be in a
whereas to that end provision should be made, in                position to keep in touch at all times with trade
                                                                movements in order to assess market trends and to
respect of each type of table wine representative of
Community production, for fixing a guide price and,             take the measures that they call for; whereas, to that
derived therefrom, an activating price for intervention,        end, provision should be made for the issue of import
on the basis of which intervention measures may be              and if necessary export licences which may include
taken ; whereas, independently of such measures, it             the lodging of a deposit guaranteeing the carrying out
should be possible for intervention to take place at            of the transactions for which they have been
the beginning of the wine-growing year on the basis             requested;
of the forward estimate in order to ensure an overall
balance during the wine-growing year;                           Whereas the import system is aimed primarily at
                                                                ensuring, in view of the special characteristics of the
                                                                wine market and on the basis of the forward
1 OJ No C 25, 28.2.1970, p. 33.                                 estimate, an effective protection of price levels and a
2 OJ No C 58, 13.6.1968, p . 9 and OJ No C 10, 27.1.1970,       preferential outlet for Community produce on the
  p. 1.                                                         internal market; whereas, therefore, imports must not
 ---pagebreak---                                      Official Journal of the European Communities                                   235
disturb the balance between Community availabilities            wine; whereas it has proved necessary to fix an upper
and requirements;                                               limit of acidification;
Whereas the application to third countries of                   Whereas coupage is a widespread oenological
Common         Customs    Tariff    duties   and,   where       practice and whereas, in view of its possible
appropriate, of countervailing charges makes it                 consequences, its control is • advisable to prevent
possible to dispense with all other protective                  abuse;
measures at the external frontiers of the Community;
whereas, however, that mechanism may prove                      Whereas sweetening should be controlled in order to
defective; whereas, so as not to leave the Community            avoid abusive enrichment of wines ;
market without defence against disturbances which
may arise therefrom after the import barriers which             Whereas, in view of the poor quality of wines
existed previously have been removed, the                       obtained from overpressing, provision should be
 Community should be enabled to take all necessary               made for the compulsory distillation of marcs and
measures without delay;                                          lees; whereas, however, in order to take into account,
                                                                 production conditions in certain wine growing
"Whereas the prices of imported products with added              regions, derogations from this measure may be
 alcohol should be set at a level not less, after customs        provided for;
 clearance, than the minimum production costs of
 those products in the Community;
                                                                Whereas, as an aid to regulating and supervising the
                                                                 market, rules should be laid down on the designation
 Whereas application of the rules of the market                  and presentation of wines ;
 organisation may be delayed by disparities between
 the laws in individual Member States; whereas, to
 eliminate those disparities, measures should be                 Whereas it may be appropriate, for the making of
 adopted relating to the production, composition and             certain wines, to authorise the addition of alcohol;
 marketing of the products in question and the                   whereas, however, this practice must be strictly
 improvement of their quality; whereas, to facilitate            controlled;
 control, provision should be made for introducing a
  Community accompanying document and for                        Whereas provision must be made for subjecting
 obliging the wholesale trade to keep turnover                    products covered by this Regulation which are
 records;                                                         imported from third countries to rules which ensure a
                                                                 measure of harmony with existing arrangements for
 Whereas a precise definition of products, in particular          Community wines;
 of table wine, which come within the scope of this
  Regulation is indispensable for the efficient                  Whereas the establishment of a single market in the
  application thereof; whereas, since compliance with            wine sector involves the removal at the internal
  the conditions laid down for the production of table           frontiers of the Community of all obstacles to the
  wines is only controllable within the Community, the            free movement of the goods in question; whereas,
  description 'table wine' should be reserved for                 however, until all necessary administrative
  Community-grown produce.                                        instruments for the management of the wine market
                                                                  are put into operation, it is indispensable that
  Whereas in certain years it may be necessary to                 Member States be furnished with adequate means for
  permit the enrichment of produce suitable for                    avoiding disturbance to their market;
  yielding table wine; whereas, however, it is
  important, in the interests alike of quality and of the         Whereas the establishment of a single market based
  market, that such enrichment be subject to certain               on a common price system would be jeopardised by
  conditions and limits and that it be applied only to            the granting of certain aids ; whereas, therefore the
  produce of certain vine varieties and of a minimum              provisions of the Treaty which allow the assessment
 ^potential natural alcoholic strength; whereas, since             of aids granted by Member States and the prohibition
  production conditions vary considerably between one              of those which are incompatible with the common
  wine-growing zone of the Community and another, it              market should be made to apply to wine;
  is essential that account be taken of such variations,
  in particular in respect of enrichment procedure;               Whereas with a view to reorganising the market in
  whereas, however, sugaring should , be restricted to             wine, it is desirable that Community rules designed to
   wine growing regions in which it is authorised on the           improve vine-stock selection be drawn up as soon as
   date of entry into force of this Regulation ;                   possible; whereas the common organisation should,
                                                                   furthermore, aim to stabilise markets through an
   Whereas, moreover, acidity is an element in assessing           adjustment of resources to needs based, in particular,
   the quality and a factor affecting the durability of            on the rationalisation of wine-growing areas;
 ---pagebreak--- 236                                     Official Journal of the European Communities
Whereas transitional measures may prove necessary                  4. ( a) Definitions of alcoholic strengths are as set out
to facilitate the transition from one wine growing                         in Annex I :
year to another;
                                                                      (b ) Definitions of" the following are as set out in
Whereas, pending the entry into force of the common                        Annex II :
organisation of the market in wine, grapes intended
for wine making have been subject to the                                   — fresh grapes, grape must, grape must in
organisation of the market in fruit and vegetables ;                           fermentation, grape juice, concentrated
whereas, however, since those products pertain                                 grape juice, wine, new wine still in
directly to the wine growing economy, they should                              fermentation, wine vinegar, wine lees,
be included in the organisation of the market in                               argol, grape marc, piquette, wine fortified
wine;                                                                          for distillation and diluted vinous alcohol;
                                                                               and
Whereas the common organisation of the market in
wine must take appropriate account, at the same                            — Community-produced concentrated grape
time, of the objectives set out in Articles 39 and 110                         must, wine suitable for yielding table wine,
of the Treaty;                                                                 table wine, liqueur wine, sparkling wine,
                                                                               areated sparkling wine, semi-sparkling
HAS ADOPTED THIS REGULATION :
                                                                               wine and aerated semi-sparkling wine ;
                          Article 1                                   ( c) Definitions of the products listed in (b),
                                                                           second indent, originating in third countries,
1.     The common organisation of the market in                            with the exception of wine suitable for yielding
wine shall comprise a price and intervention system,                       table wine and table wine, shall be adopted by
a system of trade with third countries, rules                              the Council, acting in accordance with the
concerning production and for controlling planting                         voting procedure laid down in Article 43 (2)
and rules concerning oenological processes and con­                        of the Treaty on a proposal from the
ditions for release to the market.                                         Commission .
2.     It shall apply to the following products:
                                                                   5.     Quality wines produced in specified regions
        CCT                                                        (hereinafter called 'quality wines p.s.r.') are the wines
      heading                  Description of goods
         No                                                        defined in Article 1 of Council Regulation (EEC) No
                                                                    817/701 of 28 April 1970 laying down special
(a)      22.04        Grape must, in fermentation or with          provisions relating to quality wines produced in
                      fermentation arrested otherwise than         specified regions.
                      by the addition of alcohol
         22.05        Wine of fresh grapes; grape must with
                      fermentation arrested by the addition                                  TITLE I
                      of alcohol
                                                                                    Prices and intervention
(b)      08.04 All    Fresh grapes other than table grapes
     ex 22.10         Edible wine vinegars                                                   Article 2
 (c) ex 22.07         Piquette                                     1 . A guide price shall be fixed annually, before 1
     ex 22.09 A       Diluted alcohols of agricultural origin      August, for each type of table wine representative of
                                                                   Community production.
         23.05        Wine lees ; argol
     ex 23.06 A       Grape marcs
                                                                   2. The guide price shall be fixed on the basis of
                                                                   average prices recorded for the type - of wine in
3.     The rules concerning oenological practices and              question during the two wine-growing years
conditions for release to the market shall apply, in               preceding the date of fixing and on the basis of price
addition, to the following products :                              trends during the current wine-growing year.
        CCT                                                        These quotations shall be recorded at the production
      heading
         No
                               Description of goods                stage on the markets in Community wine growing
                                                                   regions which market a substantial proportion of
20.07 A I             Grape juice (including grape must),          their own table wine production.
        B I (a) 1     whether or not containing added
             (b) 1    sugar, but unfermented and not con­
         -            taining spirit
                                                                   1 OJ No L 99, 5.5.1970, p. 20.
 ---pagebreak---                                    Official Journal of the European Communities                                   237
3 . The guide price shall be fixed at the production          2. Member States shall supply to the Commission
stage and shall be valid from 16 December of the              all relevant information for fixing the average prices
year in which it is fixed until 15 December of the            and, in particular where there exist representative
following year.                                               markets, the producer prices recorded on those
                                                              markets for each type of wine.
It shall be expressed, according to the type of wine,
either in units of account per degree/hi or in units of       3 . Detailed rules for the application of this Article,
account per hi.                                               including the list of marketing centres, the list of
                                                              representative markets and the methods of recording
4. The guide prices and the types of wine to which            prices, shall be adopted in accordance with the
they apply shall be determined in accordance with             procedure laid down in Article 7 of Regulation No
                                                              24.
the procedure laid down in Article 43 (2) of the
Treaty.
                                                                                      Article 5
                        Article 3
                                                              1 . Private storage aid shall be granted in respect
                                                              of specified table wines when the forward estimates
1 . The Council, acting in accordance with the                for a wine-growing year show that the quantity of
voting procedure laid down in Article 43 (2) of the           table wine available at the beginning of the
Treaty on a proposal from the Commission, shall fix           wine-growing year exceeds total foreseeable
annually before 16 December, but for the first time           requirements for that year by more than five months'
before 1 June 1970, a threshold price activating the          consumption.
intervention system (hereinafter called the 'activating ,
price') for each type of wine for which a guide price         2. If in a wine-growing zone or part of a
is fixed.
                                                              wine-growing zone an imbalance appears at the
                                                              beginning of the wine-growing year between the
2. The activating price shall be fixed in the light of        quantities available and the quantities that can be
the following factors :                                       sold, in particular owing to an exceptionally
                                                              abundant harvest, a decision may be taken to grant
( a) the state of the market and in particular the            private storage aid to the wine growing zone or part
     extent of price fluctuations;                            of the wine-growing zone in question.
(b) the need to ensure price stability on the markets         3.    Private storage aid shall also be granted for a
     without causing structural surpluses to build up         type of wine if during the wine-growing year the
     in the Community;                                        average price for that type of wine remains less than
                                                              the activating price for two consecutive weeks, and
(c) the quality of the harvest;                               until at all the marketing centres the average price for
(d) the information       contained in the forward            that type of wine reaches or exceeds the activating
     estimates provided for in Article 3 of Regulation        price for two consecutive weeks .
      No 241 on the progressive establishment of a            If the state of the market so requires, a decision may
      common organisation of the market in wine.              be taken to grant aid also for table wines of a type
                                                              other than that for which the average price remains
                                                              less than the activating price for two consecutive
3.     The activating price shall be fixed at the same
                                                              weeks, where such table wines stand in close
stage and shall be valid during the same period as the        economic relationship with the latter type.
guide price.
                                                              4. Application of the provisions of paragraphs 2
                        Article 4                             and 3 shall be suspended as long as the provisions of
                                                              paragraph 1 are applied.
1 . For each type of wine for which a guide price is
fixed the Commission shall fix each week, on the              5 . The granting of private storage aid shall be
basis of all the facts available to it, an average            conditional upon the conclusion of storage contracts.
producer price (hereinafter called the 'average price')       In the case provided for in paragraph 1 , contracts
for each marketing centre for the type of wine in             shall be valid for a minimum period of nine months.
question.                                                     Such contracts (hereinafter called 'long-term
                                                              contracts') may only be entered into during the
                                                              period from 1 December to 31 January of the' same
 1 OJ No 30, 30.4.1962, p. 989/62.                            wine-growing year.
 ---pagebreak---  238                                  Official Journal of the European Communities
 In the cases provided for in paragraphs 2 and 3,                                        Article 7
 contracts ' (hereinafter called 'short-term contracts')
 shall be valid for a period of three months.                    1 . Where the granting of aid to private storage
                                                                 alone is unlikely to be effective in restoring price
 6. In the cases provided for in paragraphs 1 and 2,             levels the Council, acting in accordance with the
 the granting of aid shall be determined in accordance           voting procedure laid down in Article 43 (2) of the
 with the procedure laid down in Article 7 of                    Treaty on a proposal from the Commission, shall
 Regulation No 24.                                               adopt measures for the distillation of table wines .
                                                                 2.     Such measures shall state under what conditions
 The same procedure shall be followed                            distillation may be carried out and shall fix the price
                                                                 of the wine delivered for distillation .
 (a) for deciding, if justified by the development of
     the market situation and in particular by the rate
     of conclusions of storage contracts, that such              These conditions, which may be varied according to
     contracts may no longer be entered into even                the wine-growing zone :
     before 31 January;                                          ( a) shall be such as to ensure that the balance of the
 (b) for adopting other, detailed rules for .. the                    market in ethyl alcohol is not adversely affected;
     application of this Article.                                (b) shall , not be such as to encourage production of
                                                                      wine of inadequate quality.
 7. In the case provided for in the first
 subparagraph of paragraph 3 , the Commission shall              3 . Detailed rules for the application of this Article
 determine whether aid should be granted or whether              shall be adopted in accordance with the procedure
 short-term contracts should no longer be entered into .         laid down in Article 7 of Regulation No 24.
 The    decision    provided      for  in    the    second
                                                                                         TITLE II
subparagraph of paragraph 3 shall be adopted in
 accordance with the procedure laid down in Article 7
of Regulation No 24.                                                             Trade with third countries
                                                                                         Article 8
                         Article 6
                                                                 1 . Imports ' into the Community of any of the
1.     As soon as private storage aid measures take             products listed in Article 1 (2) shall be made
effect the intervention agencies designated by                  conditional on the submission of an import licence.
Member States shall conclude, with producers who                Exports from the Community of any such products
apply for them, storage contracts in respect of . the           may be made conditional on the submission of an
wines affected by these measures.                               export licence.
                                                                2. Member States may issue a licence to any
2. The conclusion of storage contracts shall be                 applicant irrespective of the place of his
subject to conditions relating in particular to the             establishment in the Community.
quality of the wine in question.
                                                                The licence shall be valid for a transaction carried
Storage contracts may contain provision for the                 out in the Community from a date to be fixed by the
termination of aid payments and the producer's                  Council, acting in accordance with the voting
corresponding obligations in respect, of all or part of         procedure laid down in Article 43 (2) of the Treaty
the quantities stored if, for two consecutive weeks,            on a proposal from the Commission, and from 1 July
the average prices for a type of table wine are equal           1970 at the latest.
to or higher than the guide price for that type of
table wine.                                                     Until that date such a licence shall be valid only for a
                                                                transaction carried out in the Member State which
                                                                issued it.
3 . The amount of private storage aid may cover                 The issue o£ such licences shall be conditional on
only technical storage costs and interest charges, both
of which shall be fixed at a standard rate .                    the lodging of a deposit guaranteeing that
                                                                importation or exportation is effected during the
                                                                period of validity of the licence; the deposit shall be
4. Detailed rules for the application of this Article           forfeited in whole or in part if the transaction is not
shall be adopted in accordance with the procedure               effected, or is only partially effected, within that
laid down in Article 7 of Regulation No 24.                     period.
 ---pagebreak---                                     Official Journal of the European Communities                                    239
 3 . The list of products for which export licences            A decision may be taken not to levy all or part of the
 are required shall be determined in accordance with           countervailing charge on imports of certain quality
the procedure laid down in Article 7 of Regulation             wines produced in third countries.
No 24.
The period of validity of licences and other detailed          4. Where a countervailing charge is fixed in
rules for the application of this Article shall be             respect of wine imports, a countervailing charge may
determined in accordance with the same procedure.              also be fixed in respect of imports of other products
                                                               listed in Article 1 (2) by applying to the charge fixed
                                                               for the wine a coefficient representing the ratio
                        Article 9
                                                               existing on the Community market between the
                                                               average price of the product in question and that of
                                                               the wine. The Council may limit the application of
1 . . A reference price for red wine and a reference           the provisions of this paragraph in accordance with
price for white wine shall be fixed annually before 16         the procedure laid down in paragraph 5 .
December but for the first time before 1 June 1970.
                                                               5 . The Council, acting in accordance with the
These reference prices, expressed in units of account          voting procedure laid down in Article 43 (3 ) of the
per degree/hi or in units of account per hi, shall be          Treaty on a proposal from the Commission, shall
fixed on the basis of the guide prices for the types of        adopt general rules for the application of this Article.
red and white table wine most representative of
Community production, plus the costs incurred by
bringing Community wines to the same marketing                 6. Reference prices, countervailing charges and
stage as imported wines.                                       detailed rules for the application of this Article shall
                                                               be adopted in accordance with the procedure laid
Reference prices shall also . be fixed in respect of           down in Article 7 of Regulation No 24.
wines which have special characteristics or which are
intended for special uses.
                                                                                       Article 10
Reference prices shall be valid from 16 December of
the year in which they are fixed until 15 December of          1 . To the extent necessary to enable the products
the following year.                                            listed in Article 1 (2) to be exported in economically
                                                               significant quantity on the basis of the prices for
However, prices fixed before 1 June 1970 shall be              those products on the world market, the difference
valid from 1 June 1970 until 15 December 1970.                 between those prices in and prices in the Community
                                                               may.be covered by an export refund. The Council
2.    In respect of each wine for which a reference            may limit the application of the provisions of this
price is fixed, a free-at-frontier offer price for all        paragraph in accordance with the procedure laid
imports shall be determined on the basis of all                down in paragraph 3 .
available information.
                                                               2.    The refund shall be the same for the whole
If exports from one or more third countries are
                                                               Community. It may be varied according to use or
effected at abnormally low prices, lower than the              destination .
prices ruling in other third countries, a second free­
at-frontier offer price shall be determined for exports        The refund shall be granted on application.
from these other countries .
                                                              3.     The Council, acting in accordance with the
3.    "Where the free-at-frontier offer price for a           voting procedure laid down in Article 43 (2) of the
wine, plus customs duties, is lower than the reference        Treaty on a proposal from the Commission, shall
price for that wine, a countervailing charge equal to          adopt general rules for the granting of export refunds
the difference between the reference price and the             and criteria for fixing the amount of such refunds .
free-at-frontier offer price plus customs duties shall
be levied on imports of that wine and of wines in the          4. Detailed rules for the application of this Article
same category.                                                 shall be adopted in accordance with the procedure
                                                              laid down in Article 7 of Regulation No 24.
However, the countervailing charge shall not be
levied as regards third countries which are prepared          Refunds shall be fixed at regular intervals in
and in a position to guarantee that the price for              accordance with the same procedure.
imports of products originating in and coming from
their territory will not be lower than the reference          5 . Where necessary the Commission may, at the
price less customs duties and that any deflection of          request of a Member State or on its own initiative,
trade will be avoided.                                        alter the refunds in the intervening period.
 ---pagebreak---  240                                 Official Journal of the European Communities
                          Article 11                                                    Article 14
  To the extent necessary for the proper working of             1 . If by reason of imports or exports the
  the common organisation of the market in wine, the            Community market in one or more of the products
  Council, acting in accordance with the voting                 listed in Article 1 (2) experiences or is threatened
  procedure laid down in Article 43 (2) of the Treaty           with serious disturbances which may endanger the
  on a proposal from the Commission, may prohibit, in           objectives set out in- Article 39 of the Treaty,
  whole or in part, the use of inward processing                appropriate measures may be applied in trade with
  arrangements in respect of some or all of the                 third countries until such disturbance or threat of
  products listed in Article 1 (2).                             disturbance has ceased.
                                                                In assessing whether the situation justifies the
                          Article 12                            application of such measures, account shall be taken
                                                                in particular:
  1 . The general rules for the interpretation of the
  Common Customs Tariff and the special rules for its           (a) of the quantities for which import licences have
  application shall apply to the tariff classification of             been issued or requested and of the information
  products covered by this Regulation ; the tariff                    provided by the forward estimate;
  nomenclature resulting from application of this               (b) of the extent of any intervention measures.
  Regulation shall be incorporated in the Common
  Customs Tariff.                                               The Council, acting in accordance with the voting
                                                                procedure laid down in Article 43 (2) of the Treaty
  2.     Save as otherwise provided in this Regulation          on a proposal from the Commission, shall adopt
  or where derogation therefrom is decided by the               rules for the application of this paragraph and define
  Council, acting in accordance with the voting                 the cases in which and the limits within which
  procedure laid down in Article 43 (2) of the Treaty           Member States may take protective measures.
  on a proposal from the Commission, the following
  shall be prohibited :                                         2. If the situation mentioned in paragraph 1 arises,
                                                                the Commission shall, at the request of a Member
  ( a) the levying of any charge having effect equivalent       State or on its own initiative, decide upon the
       to a customs duty, subject to the provisions of          necessary      measures ;    the - measures   shall   be
       Article 2 of Council Regulation (EEC) No                 communicated to the Member States and shall be
        541/701 of 20 March 1970 relating to the                immediately applicable. If the Commission receives a
       agriculture of the Grand Duchy of Luxembourg ;           request from a Member State, it shall take a decision
  (b) the application of any quantitative restriction or        thereon within twenty-four hours following receipt of
       measure having equivalent effect.                        the request.
  The restriction of import or export licences to a             3.     The measures decided upon by the Commission
- specified category of those entitled to receive them          may be referred to the Council by any Member State
  shall be one of the measures considered as having             within three working days following the day on
                                                                which they were communicated. The Council shall
  effect equivalent to a quantitative restriction.
                                                                meet without delay. It may amend or repeal the
                                                                measures in question in accordance with the voting
                          Article 13                            procedure laid down in Article 43 (2) of the Treaty.
  1 . Imports of products listed in Article 1 (2) to                                      TITLE III
  which alcohol has been added, with the exception of
  products correlated with those originating in the             Rules concerning production and for controlling
  Community in respect of which such addition is                                          planting
  allowed in application of Article 25 ( 1 ) and (2), shall
  be prohibited.                                                                         Article 15
  2. Detailed rules for the application of this Article,
  and in particular the conditions under which                  1.     The following shall be prohibited :
  products are considered as being correlated, shall be .       ( a) aids for ,new vine planting;
  adopted in accordance with the procedure laid down
  in Article 7 of Regulation No 24.                             (b) aids for replanting which have the effect of
                                                                      increasing wine production beyond the levels
                                                                      resulting from vineyard rationalisation and afford
   1 OJ No L 68, 25.3.1970, p. 3 .                                  . no qualitative improvement in production.
 ---pagebreak---                                     Official Journal of the European Communities                                      241
 2.     However, the granting of national aids may be          4. Each year, before 31 December, the
 authorised, case by case, in accordance with the               Commission shall submit a report to the Council
procedure laid down in Article 7 of Regulation No              which, in particular, records the ratio between
24, if those aids relate to wine-growing regions for           production and utilisation and estimates foreseeable
which :                                                        changes in that ratio on the basis, in particular, of the
                                                               forecasts provided for in paragraph 3 .
 (a) wine-growing provides a major element of
       agricultural income;
                                                               5.     If that report shows that production is tending
 (b) the granting of such aids is likely to improve that       to    exceed    foreseeable    utilisation    and,  as    a
       income.                                                 consequence, is liable to endanger the income of wine
                                                               growers, the Council shall adopt, in accordance with
                                                               the procedure laid down in Article 43 (2) of the
                         Article 16                            Treaty, within the framework of a compulsory Com­
                                                               munity plan, the provisions regarding new planting
1 . The Council, acting in accordance with the                 and replanting of vines which are necessary to
voting procedure laid down in Article 43 (2) of the            prevent the formation of structural surpluses.
Treaty on a proposal from the Commission, shall
adopt general rules for the classification of vine             6. The provisions of this Article shall not prevent
varieties approved for cultivation in the Community.           the application of more restrictive national
These rules shall in particular provide a classification       regulations regarding new planting and replanting of
of such vine varieties, by administrative units or parts       vines.
thereof, into recommended vine varieties, authorised
vine varieties and provisionally authorised vine               7. Detailed rules for the application of paragraphs
varieties .                                                    1 , 2 and 3 shall be adopted in accordance with the
                                                               procedure laid down in Article 7 of Regulation No
The classification of vine varieties shall be adopted          24.
before 1 September 1970 in accordance with the
procedure laid down in Article 7 of Regulation No
24.                                                                                     TITLE IV
2. From 1 September 1971 only recommended or                         Rules concerning oenological processes and
                                                                          conditions for release to the market
authorised vine varieties may be used for new vine
planting, replanting or grafting.
                                                                                       Article 18
                         Article 17                            1.    "Where    climatic    conditions    have   made    it
                                                               necessary in certain wine-growing zones of the
1 . Any natural or legal person intending to plant             Community, the Member States concerned may
or replant vines during the following wine-growing             permit the natural alcoholic strength, actual or
year shall notify the competent authorities of the             potential, of fresh grapes, grape must, grape must in
Member State concerned of such intention before 1              fermentation,     new    wine    still  in   fermentation,
September of each year.                                        obtained from the vine varieties covered by Article
                                                               16, as well as wine suitable for yielding table wine
                                                               and table wine, to be increased.
2.      The competent authorities of the Member State
concerned       shall   acknowledge    receipt  of   the      Such increase, which may only be effected according
notification specified in paragraph 1 by issuing a             to the processes described in Article 19 and then only
licence prior to the planting or replanting.                   if the minimum natural alcoholic strengths indicated
                                                               hereinafter are attained, shall not exceed the
3.      On the basis of the notifications specified in        following limits :
paragraph 1 Member States shall send to the
Commission annually before 1 November a national              Wine-growing zone A :
forecast showing :                                             (a) for all wines except those covered by (b):3-5° ;
(a) the areas which will be planted or replanted with          (b) for red wines produced in wine-growing areas to
      vines during the next wine growing year;                      be determined and from vine varieties to be
( b ) the production potential of those areas.                      determined, until 31 January 1980 : 4° ; from 1
                                                                    February 1980 : 3-5° ;
The forecast for the 1970/71 wine-growing year may            provided that the natural alcoholic strength of the
be drawn up from estimates.                                   products in question is at least 5° ,
 ---pagebreak--- 242                                Official Journal of the European Communities
Wine-growing zone B :                                         (b) in respect of grape must, by adding sucrose or
                                                                   concentrated grape must or by partial
2-5°, provided that the natural alcoholic strength of              concentration;
the products in question is at least 6° .
                                                               (c) in respect of wine suitable for yielding table wine
Wine-growing zones C :                                             and table wine, by partial concentration through
                                                                   cooling.
2°, provided that the natural alcoholic strength of the
products in question is at least:                             2.    The processes mentioned in paragraph 1 shall
7 in zone C I ;                                               be mutually exclusive.
8° in zone C II;                                              3 . The addition of sucrose provided for in
8-5° in zone C III.                                           paragraph 1 (a) and (b) may only be made by
                                                              sugaring in the dry and only in wine-growing regions
Products harvested in Community regions . not                 in which it is traditionally or exceptionally practised
included in the above list shall be subject to the limits     in accordance with legislation existing at the date on
applicable to wine-growing zone A.                            which this Regulation enters into force.
                                                              However, until 30 June 1979, sucrose may be added
2.     In years when climatic conditions have been            in aqueous solution in certain wine-growing regions
exceptionally unfavourable the increases in alcoholic         of wirie-growing zone A, provided that the increase
strength provided for in paragraph 1 may be raised            in volume of the product to which the solution is
to :                                                          added does not exceed 15% .
Wine-growing zone A:                                          4. The addition of concentrated grape must shall
(a) for all wines except those covered by (b): 4-5° ;         not have the effect of increasing the initial volume of
                                                              fresh crushed grapes, grape must, grape must in
(b) for red wines produced in wine-growing areas to           fermentation or new wine still in fermentation, by
      be determined and from vine varieties to be             more than 11% in wine-growing zone A, 8% in
      determined, until 31 January 1980 : 5° ; from 1         wine-growing zone B and 6-5% in wine-growing
      February 1980 : 4-5°,                                   zones C.
provided that the natural alcoholic strength of the           If Article 18 (2) is applied, the limits on increases of
products in question is at least 5° .                         volume shall be raised to 15% in wine-growing zone
                                                              A and to 11% in wine-growing zone B.
Wine-growing zone B :
3*5° , provided that the natural alcoholic strength of        5 . The subjection of grape must, of wine suitable
the products in question is at least 6° .                     for yielding table wine or of table wine to
                                                              concentration shall not have the effect of reducing
3 . The wine-growing zones referred to in this                the initial volume of these products by more than
Article are set out in Annex III to this Regulation.          20% and in no case shall it increase by more than 2°
They shall be defined by the Council, acting in               their natural alcoholic strength.
accordance with the voting procedure laid down in
Article 43 (2) of the Treaty on a proposal from the           6. In no case shall the above-mentioned processes
Commission .                                                  have the effect of raising to more than 11-5° in
                                                              wine-growing zone A, 12° in wine-growing zone B,
4. Detailed rules for the application of this Article,         12-5° in wine-growing zone C I, 13° in wine-growing
and in particular the decisions authorising the               zone C II and 13-5° in wine-growing zone C III, the
increases provided for in paragraph 2, shall be               total alcoholic strength of the fresh grapes, the grape
determined in accordance with the procedure laid              must, the grape must in fermentation, the new wine
down in Article 7 of Regulation No 24.                        still in fermentation, the wine suitable for yielding
                                                              table wine or the table wine which were the subject
                                                               of those processes.
                        Article 19
                                                              However, for red wine, the total alcoholic strength of
                                                               the products , mentioned in the first subparagraph
 1.    The increase in natural alcoholic strength             may be raised to 12° in wine-growing zone A and
provided for in Article 18 may only be effected:               12-5° in wine-growing zone B.
 ( a) in respect of fresh grapes, grape must in
      fermentation or new wine still in fermentation,         7.     Wine suitable for yielding table wine and table
      by adding sucrose or concentrated grape must;           wine may not be concentrated when the products
 ---pagebreak---                                      Official Journal of the European Communities                                     243'
 from which they were obtained have themselves been             (b) with concentrated grape must or grape must,
 the subject of the processes mentioned in paragraph 1               provided that the total alcoholic strength of the
 (a) and (b).                                                        table wine in question is not raised by more than
                                                                     2° , if the products mentioned under (a) have not
 8.    Detailed rules for the application of this Article             been the subject of one of the processes
shall be adopted in accordance with the procedure                     mentioned in Article 19 ( 1 ).
 laid down in Article 7 of Regulation No 24.
                                                                2. Detailed rules for the application of this Article
                                                                shall be adopted in accordance with the procedure
                        Article 20                              laid down in Article 7 of Regulation No 24.
 1 . Fresh grapes, grape must, grape must in
fermentation and new wine still in fermentation may                                     Article 22
 be the subject of:
                                                                1.     None of the processes mentioned in Articles 19
— partial deacidification in wine-growing zones A, B            and 20 shall be authorised unless carried out as a
     and C I;
                                                                single operation at the time when the fresh grapes,
— acidification and deacidification in wine-growing             grape must, grape must in fermentation or new wine
     zone C II, without prejudice to the provisions of          still in fermentation are being turned into wine
     paragraph 3 ;                                              suitable for yielding table wine or into table wine,
                                                                and in the wine-growing zone where the fresh grapes
— acidification in wine-growing zone C III.                     used have been harvested. The same shall apply to
Acidification may only be carried out within an                 the concentration of wines suitable for yielding table
                                                                wines and of table wines .
upper limit of 1-50 g/1 expressed in tartaric acid.
                                                                Each of the processes referred to in the first
Moreover, grape must intended for concentration                 subparagraph must be notified to the competent
may be the subject of partial deacidification.                  authorities; the same shall apply in respect of the
                                                                quantities of sugar and concentrated grape must held
2. In years when climatic conditions have been                  by the natural or legal persons engaging in those
exceptional, acidification of the products mentioned            processes .
in paragraph 1 may be authorised in wine-growing
zone C I ; in the same circumstances the upper limit            2. Except by way of derogation justified by
of 1-50 g/1 laid down in paragraph 1 may be raised to           exceptional climatic conditions, those processes may
2-50 g/1 provided that the natural acidity of the               only be carried out :
products is not -less than 3 g/1 expressed in tartaric
acid .                                                          — before 1 January, in wine-growing zones C;
                                                                — before 16 March, in wine-growing zones A and B;
3 . Acidification and enrichment, except by way of
derogation to be decided case by case, and                      and only for products of the wine harvest
acidification and deacidification of one and the same           immediately preceding those dates.
product are mutually exclusive processes.
                                                                However, concentration by cooling may be practised
                                                                throughout the year.
4.     Detailed rules for the application of this Article
shall be adopted in accordance with the procedure
laid down in Article 7 of Regulation No 24.                     3.     Detailed rules for the application of this Article,
                                                                and in particular derogations from the closing dates
                                                                laid down in paragraph 2, shall be adopted in
                        Article 21                              accordance with the procedure laid down in Article 7
                                                                of Regulation 24.
1.     The sweetening of table wine shall only be
authorised :
                                                                                        Article 23
( a) with grape must which has at most the same total
      alcoholic strength as the table wine in question, if      Except by way of derogation decided by the Council,
     the fresh grapes, the grape must, the grape must           acting in accordance with the voting procedure laid
     in fermentation, the new wine still in                     down in Article 43 (2) of the Treaty on a proposal
      fermentation or the wine suitable for yielding           from the Commission, the mixing of fresh grapes,
     table wine from which it has been produced, or             grape must, grape must in fermentation or new wines
     the table wine itself have been the subject of one         still in fermentation, unless one of these products
     of the processes mentioned in Article 19 ( 1);            possesses the characteristics prescribed for making
 ---pagebreak---  244                                Official Journal of the European Communities
wine suitable for yielding table wine or for making            2. The Council, acting in accordance with the
table wine, with products suitable for yielding such           voting procedure laid down in Article 43 (2) of the
 wines or with table wine may not furnish wine                 Treaty on a proposal from the Commission, shall
suitable for yielding table wine or table wine.                decide on derogations from the provisions of
                                                               paragraph 1, in particular in respect of special uses or
                        Article 24                             in respect of products intended for export.
 1 . The overpressing of grapes, whether or not                3 . Detailed rules for the application of this Article
 crushed, and the pressing of wine lees shall be               shall be adopted in accordance with the procedure
prohibited, as also the refermentation of grape marc           laid down in Article 7 of Regulation No 24.
for purposes other than distillation.
                                                                                       Article 26
2. Except by way of derogation decided by the
 Council, acting in accordance with the voting
procedure laid down in Article 43 (2) of the Treaty            1 . "Where coupage takes place, only products
on a proposal from the Commission, any natural or .            resulting from the coupage between table wines and
legal person who turns into wine fresh grapes, grape           from the coupage of table wines with wines suitable
must, grape must in fermentation or new wine still in          for yielding table wines shall be considered as table
fermentation shall be required to distil the wine lees         wines, provided that the suitable wines in question
and grape marc which result from the process or,               have a total natural alcoholic strength not exceeding
failing that, a corresponding quantity of wine.                17° and subject to the provisions of the following
                                                               paragraphs.
The quantities of alcohol to be delivered to
intervention agencies designated by Member States
shall be 10% at most of the volume of alcohol                  2. The coupage of a wine suitable for yielding a
                                                               table wine from a given wine-growing zone with a
contained naturally in the products used for the
production of the wine. The assessment of that
                                                               table wine produced in another wine-growing zone
volume shall be made on the basis of a standard                may yield a table wine only if that process takes
                                                               place in the wine-growing zone where the wine
natural minimum alcoholic strength laid down for
each wine-growing year in each wine-growing zone.
                                                               suitable for yielding a table wine was produced.
The obligation to distil may under certain conditions          Coupage between wines suitable for yielding table
be discharged by the production of potable spirits.            wines shall be authorised only if they are produced in
                                                               the same wine-growing zone and if coupage is carried
3 . The Council, acting in accordance with the                 out in the said zone.
voting procedure laid down in Article 43 (2) of the
Treaty on a proposal from the Commission, may                  3.     Coupage of a wine suitable for yielding a white
exempt certain production regions             from   the       table wine or of a white table wine with a wine
obligation laid down in paragraph 2.                           suitable for yielding a red table wine or with a red
                                                               table wine may not yield a table wine.
In accordance with the same procedure the Council
shall fix the price to be paid for alcohol delivered to        However, that provision shall not prevent, in certain
intervention agencies and shall determine the share of         cases to be determined, the coupage of a wine
the cost which is attributable to those agencies and           suitable for yielding a white table wine or of a white
which will be financed by the European Agricultural            table wine with a wine suitable for yielding a red
Guidance and Guarantee Fund, Guarantee Section,                table wine or with a red table wine, provided that the
and the conditions under which potable spirits may             resultant product has the characteristics of a red table
be produced in place of alcohol.                               wine .
4. Detailed rules for the application of this Article,         4. The coupage of an imported wine with a
and in particular the percentage mentioned in                  Community wine and the coupage on Community
paragraph 2 and the standard natural alcoholic                 territory of imported wines shall be prohibited except
strength, shall be determined in accordance with the           by way of derogation to be decided by the Council,
procedure laid down in Article 7 of Regulation No              acting in accordance with the voting procedure laid
24.
                                                               down in Article 43 (2) of the Treaty on a proposal
                                                               from the Commission.
                        Article 25
1.    "With the exception of the products defined              5. Should difficulties arise in certain wine-growing
under items 11 and 21 of Annex II, the addition of             regions of the Community as a result of application
alcohol to the products listed in Article 1 (2) shall be       of the provisions of paragraphs 1 to 4, the Member
prohibited.                                                    States concerned may inform the Commission
 ---pagebreak---                                         Official Journal of the European Communities                                      245
 thereof, which shall take all necessary measures; such                   definitions contained in items 9 and 10 of Annex
 measures may not, however, restrict application of                       II may be used only for consumption in the
 the rules laid down in this Article on the subject of                    families of individual wine growers, for the
 coupage .                                                                production of wine vinegar or for distillation.
                                                                          However, in years when climatic conditions have
6. Detailed rules for the application of this Article,                    been unfavourable, products from wine-growing
in particular as regards the control of coupage and                       zones A and B which do not possess the
the use of wines suitable for yielding table wines,                       minimum natural alcoholic strength laid down
shall be adopted in accordance with the procedure                         for the wine growing zone in question may be
laid down in Article 7 of Regulation No 24.                               used in the Community for the production of
                                                                          sparkling wine or aerated sparkling wine,
                           Article 27                                     provided that these wines have an actual
                                                                          alcoholic strength of not less than 8-5° .
1.       The description 'table wine' shall be limited to
the wine defined under item 10 of Annex II.                          (b) Fresh grapes, grape must, grape must in
                                                                          fermentation, new wines still in fermentation and
2. (a) Of the products falling within Common                              wines derived from vine varieties other than
           Customs Tariff heading No 22.05 only liqueur                   those referred to above shall not be put on the
          wines, sparkling wines, aerated sparkling                       market within the Community. They may be
          wines,      semi-sparkling       wines,    aerated              used only for consumption in the families of
           semi-sparkling wines, quality wines p.s.r., the                individual wine growers and shall not be
          wines mentioned in Article 28 ( 1 ) and table                   delivered to a co-operative society .
          wines may be offered or disposed of for direct
          human consumption within the Community.                   4.     Grape juice and concentrated grape juice
                                                                    originating in the Community shall not be turned
    ( b ) However, until 31 August 1971 the provisions              into wine or be used in wine production. These
          of ( a) shall not prevent wines other than table          products shall be subject to control with respect to
       . wines from being traded within the                         their use .
          Community and from being offered or
          disposed of for direct human consumption, if              With the exception of alcohol, potable spirits and
          such wines have been produced before the                  piquette, neither wine nor any other beverage
           entry into force of this Regulation and                  intended for direct human consumption shall be
          provided that they have:                                  made from the products specified in items 17, 19, 21
                                                                    and 22 of Annex II.
          — an actual alcoholic strength of not less
              than 8-5° and a total alcoholic strength              Piquette, in so far as its production is authorised by
              not exceeding 15° or, if the wine was                 the Member State concerned, ifiay be used only for
              produced without any enrichment and no                distillation or for consumption in the families of
              longer contains any residual sugar, not               individual wine growers.
               exceeding 17° ;
                                                                    Wine fortified for distillation and diluted vinous
          — an acidity content not less than 4-50 g/1,              alcohol may be used only for distillation.
               expressed in tartaric acid;
          and that the enrichment to which they may                 5 . Provisions for controlling the marketing of
          have been subjected was in conformity with                wines suitable for yielding table wines and detailed
          legislation in force on the territory of the              rules for the application of this Article shall be
          Member State where they were produced.                  ■ adopted in accordance with the procedure laid down
                                                                    in Article 7 of Regulation No 24.
    (c) Any producer Member State may allow a wine
          produced      on    its  territory   before   this
          Regulation begins to apply, in conformity                                         Article 28
          with the provisions laid down by law,
          regulation or administrative action, to be                1 . Imported wines, except for liqueur wines and
          offered or disposed of for direct human                   sparkling wines, may be released for direct human
          consumption on its territory up to 31 August              consumption only on condition :
          1971 at the latest.
                                                                    (a) until 31 August 1971 , that they have an actual
3.      From 1 September 1971 :                                          alcoholic strength of not less than 8-5° and a
                                                                         total alcoholic strength not exceeding 15°, and a
(a) Wine derived from the vine varieties referred to                     total acidity content expressed in tartaric acid of
     in Article 16 but not corresponding to the                          not less than 4-50 g/1;
 ---pagebreak--- 246                                 Official Journal of die European Communities
 (b) from 1 September 1971 , that they comply with             Treaty on a proposal from the Commission, shall
     the conditions specified in (a) and the further           adopt the rules relating to the designation and
     conditions to be adopted by the Council, acting           presentation of the products falling within . Common
     in accordance with the voting procedure laid              Customs Tariff heading No 22.05 .
     down in Article 43 (2) of the Treaty on a
     proposal from the Commission.                             2. Member States may make the use of a
                                                               geographical ascription for designating a table wine
2. Imported fresh grapes, imported grape must,                 conditional, in particular, on the wine having been
imported concentrated grape must, imported grape               produced wholly from certain clearly specified vine
must in fermentation, and imported grape juice of              varieties and coming exclusively from the territory,
whatever added sugar content, shall not be turned              precisely demarcated, whose name it bears.
into wine or be used in wine production.
Neither wine nor any other beverage intended for               3 . Without prejudice to any additional rules which
direct human consumption shall be made from                    may be adopted regarding the designation of
imported products covered by items 17, 19, 20, 21              products, the use of a geographical ascription to
and 22 of Annex II, except from imported wine                  designate table wines resulting from a coupage of .
fortified   for  distillation   and  intended   for   the      wines from grapes harvested in different production
production of potable spirits.                                 areas shall, however, be permitted if at least 85% of
                                                               the table wine resulting from the coupage originates
                                                               in the production area whose name it bears.
3 ; . The     products      mentioned    in   the    first
subparagraph of paragraph 2 shall be subject to                However, the use, as a designation of white table
control with respect to their use. The addition of an          wines, of . a geographical ascription . relating to a
indicator to imported grape must, imported                     production area situated within wine-growing zone A
concentrated grape must, imported grape must in                or wine-growing zone B shall be permitted only if the
fermentation, and to imported grape juice whether or           products comprising the coupage are from the
not concentrated, may be made compulsory.                      wine-growing zone in question or if the wine in
                                                               question is from a coupage between table wines of
4. Imported wines other than those covered by                  wine-growing      zone    A     and table   wines     of
paragraph 1 may be used only for purposes permitted            wine-growing zone B.
for correlated Community vines.
                                                              4. Detailed rules for the application of this Article
5 . Detailed rules for the application of this Article,        shall be adopted in accordance with the procedure
in particular as regards control measures, shall be            laid down in Article 7 of Regulation No 24.
adopted in accordance with the procedure laid down
in Article 7 of Regulation No 24.                                                      TITLE V
                       Article 29                                                 General provisions
1 . Except by way of derogation, products specified                                    Article 31
in items 1 to 15 of Annex II may be put into
circulation within the Community only with an                  1 . The following, shall be prohibited in the internal
officially checked accompanying document.                      trade of the Community:
2.    Producers and wine traders other than retailers          (a) the levying of any charge having effect equivalent
shall be obliged to keep . turnover records in respect              to a customs duty, subject to the provisions of
of the products referred to in paragraph 1 .                        Article 2 of Regulation (EEC) No 541 /70;
                                                               (b) any quantitative restriction or measure having
3 . Detailed rules for the application of this Article,             equivalent effect.
and in particular the nature and form of the aforesaid
document and the derogations mentioned in                      2. By way of derogation from the provisions of
paragraph 1 , shall be adopted in accordance with the          paragraph 1 , so long as all the administrative
procedure laid down in Article 7 of Regulation No              mechanisms necessary for the management of the
24 .
                                                               market in wine are not in application — with the
                                                               exception , until 31 December 1971 , of the viticultural
                         Article 30                            land register — producer Member States shall be
                                                               authorised in order to avoid disturbances on their
1 . The Council, acting in accordance with the                 markets to take measures that may limit imports
voting procedure laid down in Article 43 (2) of the            from another Member State.
 ---pagebreak---                                        Official Journal of the European Communities                                  247
These measures        shall be    communicated to the                                    Article 36
Commission, which shall decide without delay
whether to       maintain, . amend or         abolish  such       The necessary provisions for avoiding disturbances
measures .
                                                                  on the market in wine following an alternation of
                                                                  price levels during the transition from one
3.    Goods      listed   in    Article    1    which    are      wine-growing year to another may be adopted in
manufactured or obtained from products to which                   accordance with the procedure laid down in Article 7
Article 9 (2) and Article 10 ( 1 ) of the Treaty do not           of Regulation No 24.
apply shall not be admitted to free circulation within
the Community.
                                                                                        Article 37
                         Article 32
                                                                  Should transitional measures be necessary to facilitate
                                                                  the transition to the system established by this
Where prices appreciably in 'excess of the guide price            Regulation, in particular if the introduction of that
fixed for a type of wine are recorded on the                      system on the date provided for would give rise to
Community wine market and the situation is likely to              substantial difficulties, such measures shall be
continue, thereby disturbing or threatening to disturb            adopted in accordance with the procedure laid down
this market, the necessary measures may be taken.                 in Article 7 of Regulation No 24. They shall be
                                                                  applicable until 31 August 1971 at the latest.
The Council, acting in accordance with the voting
procedure laid down in Article 43 (2) of the Treaty
on a proposal from the Commission, shall adopt                                          Article 38
general rules for the application of this Article.
                                                                  The Council, acting in accordance with the voting
                         Article 33                               procedure laid down in Article 43 (2) of the Treaty
                                                                  on a proposal from the Commission, may decide on
1 . To the extent necessary to support the market                  measures of derogation if required to remedy an
in table wines, intervention measures may be taken in              exceptional situation resulting from natural disasters.
respect of the products listed in Article 1 (2) (a)
other than table wine.
                                                                                         Article 39
2.     These measures shall be taken by the Council,
acting in accordance with the voting procedure laid               Detailed rules necessary for implementing the
 down in Article 43 (2) of the Treaty on a proposal               provisions of Annexes I and II, in particular:
from the Commission.
                                                                  — methods of analysis ;
3 . Detailed rules for the application of this Article            — the wine-growing areas mentioned in item 10 of
shall be adopted, as necessary, in accordance with the                 Annex II;
procedure laid down in Article 7 of Regulation No
24 .                                                              shall be adopted in accordance with the procedure
                                                                   laid down in Article 7 of Regulation No 24.
                         Article 34
                                                                                        Article 40
 Save as otherwise provided in this Regulation,
 Articles 92, 93 and 94 of the Treaty shall apply to the
 production of and trade in the products listed in                 The provisions of the common organisation of the
 Article 1 .                                                       market in fruit and vegetables shall no longer apply
                                                                   to the product listed in Article 1 (2) and falling
                                                                   within Common Customs Tariff sub-heading No
                         Article 35                                08.04 A II .
 Member       States    and     the    Commission       shall
 communicate to each other the information necessary                                     Article 41
 for implementing this Regulation. Detailed rules for
 the    communication       and     distribution    of  such        Community provisions relating to the financing of
 information shall be adopted in accordance with the               the common agricultural policy shall apply to the
 procedure laid down in Article 7 of Regulation No                 market in the products listed in Article 1 from the
 24.                                                                date on which this Regulation begins to apply.
 ---pagebreak--- 248                                     Official Journal of the European Communities
                          Article 42                                     3.     For each wine-growirig year, and for the
                                                                         first time before 16 April 1971, the Commission
This Regulation shall be so applied that appropriate                     shall provide the Council with final estimates of
account is taken, at the same time, of the objectives                    Community resources and uses in the preceding
set out in Articles 39 and 110 of the Treaty.                            wine-growing year.'
                           Article 43
                                                                                          Article 44
The following provisions shall be substituted for                    1.     This Regulation shall enter into force on the
Article 3 of Regulation No 24 :                                      third day following its publication in the Official
                                                                    Journal of the European Communities.
   . 'Article 3
     1 . In accordance with the procedure laid down                 2. The provisions of this Regulation and those of
     in Article 7, a forward estimate shall be drawn up             the implementing Regulations relating to types of
     before 25 November of each year for the purpose                wine, guide prices, activating prices, reference prices
     of determining the Community's resources and                    and conditions for the marketing of wine shall take
     estimating its needs, including foreseeable imports            effect jointly from 1 June 1970.
     from and exports to third countries.
                                                                    However, Member States shall be allowed a period of
    2.     From 1 September 1970 the estimate of the                not more than fifteen days from that date to adopt
     Community's wine resources and needs shall                     the necessary regulations and administrative
     show the proportion of table wines and quality                 provisions for the implementation of those
    wines produced in specified regions respectively.               Regulations.
               This Regulation shall be binding in its entirety and directly applicable in all Member
             t States.                       %                                                         j    ^ i
               Done at Brussels, 28 April 1970.                                         !
                                                                                          For the Council
                                                                                           The President
                                                                                            Ch . HÉGER
                                                           ANNEX I
               ALCOHOLIC STRENGTHS
               1 . Actual alcoholic strength: the number, of units of volume of alcohol contained in 100 units
                   of volume of a product.
               2. Potential alcoholic strength: the number of units of volume of alcohol which can be produced
                   by total fermentation of the sugar contained in 100 units of volume of a product. .
               3 . Total alcoholic strength: the sum of the actual and potential alcoholic strengths.
               4. Natural alcoholic strength: the total alcoholic strength of a product before any enrichment.
 ---pagebreak---                              Official Journal of the European Communities                             249
                                                  ANNEX U
                         DEFINITIONS REFERRED TO IN ARTICLE 1 (4) (b)
   1 . Fresh grapes: the fruit of the vine used in making wine, ripe or even slightly raisined, which
       may be crushed or pressed by normal wine-cellar means and which may spontaneously
       produce alcoholic fermentation.
  2. Grape must: the liquid product obtained naturally or by physical processes from fresh
       grapes .
  3. Grape must in fermentation: grape must having an actual alcoholic strength of less than
       three fifths of its total alcoholic strength.
  4. Concentrated grape must: uncaramelised grape must which is:
       — obtained by partial dehydration of grape must carried out by any authorised method
           other than direct heat of a fire in such a way that its density at 20 °C is not less than
           1-240;
       — derived exclusively from vine varieties referred to in Article 16;
       — produced within the Community; and
       — obtained from grape must having at least the minimum natural alcoholic strength laid
            down for the wine-growing zone in which the grapes were harvested.
- 5. Grape juice: unfermented but fermentable grape must which has undergone the appropriate
       treatment rendering it fit for consumption as it is.
  6. Concentrated grape juice: uncaramelised grape juice obtained by partial dehydration of
       grape juice carried out by any authorised method other than direct heat of a fire in such
       a way that its density at 20 °C is not less than 1-240.
  7. Wine: the product obtained exclusively from the total or partial alcoholic fermentation of
       fresh grapes, whether or not crushed, or of grape musts.
  8. New wine still in fermentation: wine in which alcoholic fermentation is not yet complete
       and which is not yet separated from its lees.
  9. Wine suitable for yielding table wine: wine which
       — is derived exclusively from vine varieties referred to in Article 16;
       — is produced in the Community ; and
       — has at least the minimum natural alcoholic strength laid down for the wine-growing
           zone in which it was produced.
 10. Table wine: wine which
       — is derived exclusively from vine varieties referred to in Article 16;
       — is produced in the Community;
       — has, following application, if any, of the processes mentioned in Article 19, an actual
           alcoholic strength of not less than 8-5° and a total alcoholic strength not exceeding
           15°, that upper limit, however, being raised to 17° in respect of wines from certain
           wine-growing areas to be determined which has been produced without any enrichment
           and no longer contains any residual sugar; and
       — has, furthermore, a total acidity content of not less than 4-50 g/1, expressed as tartaric
           acid .
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    11. Liqueur wine: the product which                                        -
         — is produced in the Community;
         — has a total alcoholic strength . of not less than 17-5° and an actual alcoholic strength
             of not less than 15° and not more than 22° ; and
         — is obtained from grape must or wine, derived from certain of the vine varieties referred
             to in Article 16 and having a natural alcoholic strength of not less than 12° ;
             — by refrigeration; or
             — by the addition before, during or after fermentation:
                   (i) of neutral alcohol of vinous origin having an actual alcoholic strength of not
                       less than 95° ; or
                  (ii) of an unrectified product derived from the distillation of wine and having an
                       actual alcoholic strength of not less than 52° and not more than 80° ; or
                 (iii) of concentrated grape must; or
                 (iv) of a mixture of these products.
    12. Sparkling wine: saving the derogation provided for in Article 27 (3), the product which
         is obtained by first or second alcoholic fermentation :
         — of fresh grapes;
         — of grape must;
         — of wine;
         all suitable for yielding table wine;
         — of table wine; or
         — of quality wine p.s.r.
         and which, when the container is opened, releases carbon dioxide derived exclusively from
         fermentation and having an overpressure of not less than 3 atmospheres when kept at
         a temperature of 20 °C in closed containers.
    13 . Aerated sparkling wine: the product which
         — is obtained, subject to the provisions of Article 27 (3), from table wine;
         — is produced in the Community ;
         — releases, when the container is opened, carbon dioxide derived totally or partially
             from an addition of that gas; and
         — has an overpressure not exceeding 3 atmospheres when kept at ,a temperature of
             20 °C in closed containers.
    14. Semi-sparkling wine: table wine which
         — naturally contains carbon dioxide, after first or second alcoholic fermentation; and
         — has an overpressure of not less than 1 and not more than 2-5 atmospheres when kept
             at 20 °C in closed containers.
    15. Aerated semi-sparkling wine: table wine which
         — contains carbon dioxide that has been wholly or partially added; and
         — has an overpressure of not less than 1 and not more than 2-5 atmospheres when kept
             at 20 °C in closed containers .
    16. Wine vinegar: vinegar which
         — is obtained exclusively by acetous fermentation of wine; and
         — has a total acidity of not less than 60 g/1 expressed in acetic acid.
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 17. Wine lees: muddy residue
     — accumulating in wine containers after fermentation or during the storage of wine;
     — having a total alcohol content of not more than 10-1 of pure alcohol per 100 kg; and
     — having a dry matter content of not less than 25% by weight.
18. Argol: caking in the form of sheets, irregular particles or powder, formed either in the vats
     during the fermentation of grape must or in wine containers.
19. Grape marc: the residue from the pressing of fresh grapes, whether or not fermented,
     — having a total alcohol content of not more than 5-50 1 of pure alcohol per 100 kg; and
     — a dry matter content of not less than 40% by weight.
20. Piquette: the product obtained:
     — by the fermentation of untreated grape marc soaked in water; or
     — by leaching fermented grape marc with water.
21 . Wine fortified for distillation: the product which
     — has an actual alcoholic strength of not less than 18° and not more than 24° ;
     — is obtained exclusively by the addition to wine containing no residual sugar of an
         unrectified product from the distillation of wine having a maximum actual "alcoholic
         strength of 86° ; and
     — has a maximum volatile acidity of 2-40 g/1, expressed as acetic acid.
22. Diluted vinous alcohol: the product, whether or not liquid, which
     — results from wine making or use of the by-products of wine making;
     — has an alcohol content derived solely from wine making; and
     — is not elsewhere defined in this Annex.
                                              ANNEX 111
                                      WINE-GROWING ZONES
1. Wine-growing zone A shall comprise :
    — the German wine-growing region, except Baden ;
    — the Luxembourg wine-growing region.
2. Wine-growing zone B shall comprise :
    — in Germany: Baden;
    — in France: Alsace, Lorraine, Champagne, Jura, Savoy and the Loire Valley.
3 . Wine-growing zone C I shall comprise:
    — in France: the vineyards of the Centre West, the Centre and the South-West, except
       those coming under wine-growing zone B.
    Wine-growing zone C II shall comprise:
    — in France: southern vineyards, except those coming under wine-growing zone C III.
    — in Italy: all vineyards, except those coming under wine-growing zone C III.
    Wine-growing zone C III shall comprise:
    — in France: Corsica, certain vineyards of the Eastern Pyrenees and of the Var;
    — in Italy : certain vineyards situated south of Rome and in the islands.