CELEX: 31978R1861
Language: en
Date: 1978-07-25 00:00:00
Title: Council Regulation (EEC) No 1861/78 of 25 July 1978 amending Regulation (EEC) No 816/70 laying down additional provisions for the common organization of the market in wine

4. 8 . 78                               Official Journal of the European Communities                            No L 215 / 1
                                                                I
                                             (Acts whose publication is obligatory)
                                        COUNCIL REGULATION (EEC) No 1861/78
                                                        of 25 July 1978
                 amending Regulation (EEC) No 816/70 laying down additional provisions for the
                                         common organization of the market in wine
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           wine- growing potential to market requirements, it is
                                                                   necessary to limit the application of these provisions
 Having regard to the Treaty establishing the                       to a three-year period at the end of which the results
 European Economic Community, and in particular                     of the aforementioned statistical surveys will be
 Article 43 thereof,                                                available ;
 Having regard to the proposal from the Commission,
                                                                   Whereas, with a view to establishing fair conditions
                                                                    of competition on the Community wine market, it is
Having regard to the opinion of the European                       advisable that the Community provisions relating to
 Parliament (*),                                                   the increase in alcoholic strength, to acidification and
                                                                   to deacidification should apply in all wine-growing
 Having regard to the opinion of the Economic and                  zones, including C zones, and that the other
 Social Committee (2 ),                                             oenological pratices provided for under the
                                                                   Community provisions be extended to quality wines
                                                                   psr ;
Whereas experience has shown that certain
 amendments should be made to Council Regulation
 (EEC) No 816/70 of 28 April 1970 laying down                      Whereas, in view of the special characteristics
additional provisions for the common organization of               resulting from natural production conditions, revision
the market in wine (3), as last amended by Regulation              of the maximum limit of the sulphur dioxide content
 (EEC) No 2560/77 (4);                                             for certain Community wines and certain imported
                                                                   wines available only in small quantities and of a high
Whereas Council Regulation (EEC) No 978/78 of 10                   quality is justified;
May 1978 on statistical surveys of areas under
vines (5) has taken over from the provisions relating
to the viticultural land register, which have to a great           Whereas, in view of scientific progress and experience
extent lapsed ; whereas it is therefore necessary to               to date, a number of additions and clarifications
 adjust the provisions on the notification of new                  should be made with regard to the existing rules on
plantings, replantings, grubbings and incidences of                oenological practices and treatments which are
cessation of cultivation of vines and to ensure that               allowed in the Community; whereas, in view of the
the Commission receives the necessary information                  large quantity of red wines produced in the
enabling it to draw up a report on the relationship                Community, Member States should have the option
between production and utilization and on the                      of using calcium phitate in place of potassium-
foreseeable trends in that relationship ; whereas,                 ferrocyanide;
pending Community decisions aimed at adapting the
                                                                   Whereas, for the sake of clarity, opportunity should
                                                                   be taken of explaining certain provisions of
t 1 ) OJ No C 182, 31 . 7. 1978, p. 57.                            Regulation (EEC) No 816/70 in order to establish
(2) Opinion delivered on 20 June 1978 (not yet published           clearly the extent of their application;
      in the Official Journal).
(3) OJ No L 99, 5. 5. 1970, p. 1 .
(4) OJ No L 303, 28. 11. 1977, p. 1 .                              Whereas Council Directive 76/766/EEC of 27 July
(5) OJ No L 128, 17. 5. 1978, p. 1 .                               1976 on the approximation of the laws of the
 ---pagebreak--- No L 215 /2                             Official Journal of the European Communities                                 4. 8 . 78
Member States relating to alcohol tables (1) and                      The Member States shall send to the Commission
Council Directive 71 /354/EEC of 18 October 1971 on                   annually before 15 January, on the basis of the
the approximation of the laws of the Member States                    notifications referred to in paragraph 1 , a national
relating to units of measurement (2), as amended by                   plan showing :
Directive 76/770/EEC (3), should be used as the basis
for certain provisions in Regulation (EEC) No                         — the areas which are intended for planting,
816/70 ; whereas, in order to ensure the consistency                       replanting, grubbing-up or cessation of
of Community provisions, the amendments resulting                          cultivation,
from the application of the aforementioned two                        — the areas which have been planted, replanted,
Directives and from the alterations to the definitions                     grubbed-up or the cultivation of which has
of the products covered by this Regulation should be                       ceased,
made to Annex IV on the Common Customs Tariff,
                                                                      — the developments in production potential
                                                                           shown by these notifications.
HAS ADOPTED THIS REGULATION :
                                                                      The plan referred to in the third subparagraph
                                                                      shall be submitted in respect of the following
                                                                      geographical units :
                           Article 1                                  — in the Federal Republic of Germany : the
                                                                           wine-growing regions defined in accordance
                                                                           with Article 2 of Regulation (EEC) No
Article 4a (2) of Regulation (EEC) No 816/70 shall                          816/70,
be replaced by the following:
                                                                      — in France : the departments or groups of
      '2. With the exception of types R III, A II and                       departments listed in the Annex to Regulation
      A III, table wines with an actual alcoholic                           (EEC) No 978/78,
      strength by volume of not more than 9.5 degrees
      shall be excluded from all intervention measures                 — in Italy : the regions listed in Annex III,
      provided for under this Title other than those                  — in the other Member States concerned : their
      referred to in Article 6b and Article 6d .'
                                                                            entire national territory.
                                                                       The Member States may exempt the natural or
                           Article 2                                   legal persons referred to in the first subparagraph
                                                                       from making the notifications referred to in the
                                                                       second indent of this paragraph if they possess
 Article 17 of Regulation (EEC) No 816/70 shall be                     the information as a result of other declarations
 replaced by the following :                                           made on the basis of official provisions.
      'Article 17                                                      2.     The Council, acting on a proposal from the
                                                                       Commission        in  accordance with the voting
      1 . Until 31 March 1980, any natural or legal                    procedure laid down in Article 43 (2) of the
      person who, during the current wine-growing                      Treaty, shall adopt before 31 December 1979 the
      year :                                                           necessary measures for declarations relating to the
      — intends to plant, replant, grub-up                 or          planting, replanting, grubbing-up or cessation of
           definitively cease to cultivate vines,                      cultivation of vines which shall be applicable
                                                                       from 1 April 1980.
      — has planted, replanted, grubbed-up                 or
          definitively ceased to cultivate vines,                       3 . Each year, before 1 April, the Commission
       shall be obliged to notify the competent authority              shall submit a report to the Council recording, in
      of the Member State concerned by a date to be                    particular, the ratio between production and
      determined by the authority in question.                         utilization and estimating foreseeable changes in
                                                                       that ratio .
      The competent authority of the Member State
       concerned shall acknowledge receipt of the                      4.     This report shall be drawn up in particular :
      notification referred to in the first subparagraph
       by issuing a licence.                                            (a) until 31 March 1980, on the basis of the plans
                                                                             referred to in the third subparagraph of
                                                                             paragraph 1 ;
  (!) OJ No L 262, 27. 9. 1976, p . 149.                                (b) as from 1 April 1980, on the basis of the
  (2) OJ No L 243 , 29. 10. 1971 , p . 29 .                                  statistical surveys of the areas under vines
  (3) OJ No L 262, 27. 9. 1976, p . 204.                                     provided for in Regulation (EEC) No 978/78.
 ---pagebreak--- 4. 8 . 78                            Official Journal of the European Communities                            No L 215/3
    5.      If that report shows that production is                                       Article 5
     tending to exceed foreseeable utilization and, as a
     consequence, is liable to endanger the income of           Article 26a (2) of Regulation (EEC) No 816/70 shall
    wine growers, the Council shall adopt, in                   be replaced by the following :
     accordance with the procedure laid down in
     Article 43 (2) of the Treaty, within the framework             '2.     By way of derogation from paragraph 1 , the
    of a compulsory Community plan, the provisions                  maximum sulphur dioxide content shall be raised,
     regarding new planting and replanting of vines                 as regards wines with a residual sugar content,
     which are necessary to prevent the formation of                expressed as invert sugar, of not less than five
     structural surpluses.                                          grams per litre, to :
                                                                    ( a) 225 milligrams per litre for red wines and
     6.     The provisions of this Article shall not
                                                                          275 milligrams per litre for white and rose
     prevent the application of more restrictive                          wines ;
     national regulations regarding new planting and
     replanting of vines.                                            ( b) 300 milligrams per litre for wines qualifying
                                                                          for the description "Spatlese", in accordance
     7. Detailed rules for the application of                             with Community provisions, and quality
     paragraphs 1 , 3 and 4 shall be adopted in                           white wines psr entitled to the registered
     accordance with the procedure laid down in                           designation of origin Bordeaux supérieur,
     Article 7 of Regulation No 24.'                                      Graves de Vayres, Cotes de Bordeaux
                                                                          St-Marcaire, Premieres Cotes de Bordeaux,
                                                                          Ste Foy Bordeaux, Cotes de Bergerac
                         Article 3
                                                                          (whether or not followed by the description
                                                                          "Cotes de Saussignac"), Haut Montravel,
The first indent of Article 22 (2) of Regulation (EEC)                    Cotes de Montravel, Rosette;
No 816/70 shall be replaced by the following :
                                                                     ( c) 350 milligrams per litre for wines qualifying
     '— before 1 January in wine-growing zones C,'
                                                                          for the description "Auslese", in accordance
                                                                          with Community provisions, and white wines
                         Article 4                                        described as "superior wine of designated
                                                                          origin" in accordance with Romanian
Article 24 (2) of Regulation (EEC) No 816/70 shall                        legislation and entitled to bear one of the
be replaced by the following :                                            following names : Murfatlar, Cotnari, Tîrnave,
                                                                          Pietroasele, Valea Călugărească ;
      '2. With the exception of the producers
     referred to in paragraph 5 and except by way of                 (d) 400 milligrams per litre for wines qualifying
     derogation save as otherwise decided by the                          for     the   descriptions     "Beerenauslese",
     Council, acting in accordance with the voting                        "Ausbruch", "Ausbruchwein", and "Trocken­
     procedure laid down in Article 43 (2) of the                         beerenauslese", in accordance with Com­
     Treaty on a proposal from the Commission, any                        munity provisions, and quality white wines
      natural or legal person or group of persons                         psr entitled to the registered designations of
      manufacturing wine shall be required to distil the                  origin Sauternes, Barsac, Cadillac, Cerons,
      grape marc and wine lees relating to such                           Loupiac, Sainte-Croix-du-Mont, Monbazillac,
      manufacture or, failing that, a corresponding                       Bonnezeaux, Quarts de Chaume, Coteaux du
      quantity of wine from his or their own                              Laon, Coteaux de           l'Aubance,   Graves
      production .                                                        Superieures, Jurançon .'
     Where those subject to the obligation to distil
      referred to in the first subparagraph do not hold
                                                                                          Article 6
      all or part of the by-products connected with the
      production of wine, they shall be discharged from
     this obligation in respect of the quantities for           The text of the second indent of Article 26b ( 1 ) of
      which they supply proof that distillation was             Regulation (EEC) No 816/70 shall be replaced by the
      effected by the individuals who supplied them             following:
      with the grape must, grape must in fermentation
      or new wine still in fermentation .                            '— 18 milliequivalents for white and rose wines.'
      The Member States shall decide on the measures
      necessary to ensure fair implementation of the                                      Article 7
      second subparagraph with respect to the
      relationship between those who produced the
      wine and those who supplied the products                  The following subparagraph shall be added to Article
      connected therewith,'                                     26c (3 ) of Regulation (EEC) No 816/70:
 ---pagebreak--- No L 215/4                           Official Journal of the European Communities                                   4. 8 . 78
   'In the case of the treatments referred to in                                               Article 8
   paragraph 2 (p) of Annex Ha. Member States may
   decide that calcium phitate is to be used instead
   of potassium ferrocyanide in all red wines                       Annex I to Regulation (EEC) No 816/70 shall be
   produced in their territory.'                                    replaced by the following :
                                                          'ANNEX 1
                                                ALCOHOLIC STRENGTHS
            1 . "Actual alcoholic strength by volume" means the number of volumes of pure alcohol contained
                at a temperature of 20 °C in 100 volumes of the product at that temperature.              '
            2. "Potential alcoholic strength by volume" means the number of volumes of pure alcohol at a
                temperature of 20 °C capable of being produced by total fermentation of the sugars contained in
                100 volumes of the product at that temperature.
            3. "Total alcoholic strength by volume" means the sum of the actual and potential alcoholic
                strengths.
            4. "Natural alcoholic strength by volume" means the total alcoholic strength by volume of a
                product before any enrichment.
            5. "Actual alcoholic strength by mass" means the number of kilograms of pure alcohol contained
                in 100 kg of the product.
            6. "Potential alcoholic strength by mass" means the number of kilograms of pure alcohol capable
                of being produced by total fermentation of the sugars contained in 100 kg of the product.
            7. "Total alcoholic strength by mass" means the sum of the actual and potential alcoholic
                strengths by mass.'
                                                           Article 9
            Annex II to Regulation (EEC) No 816/70 shall be amended as follows :
            (a) Point 2 shall be replaced by the following :
            '2. Grape must : the liquid product obtained naturally or by physical processes from fresh grapes
                 with an actual alcoholic strength by volume of not more than 1 % vol.'
            (b) Point 3 shall be replaced by the following :
            *3 . Grape must in fermentation : the product obtained from the fermentation of grape must and
                 with an actual alcoholic strength by volume of more than 1 % vol but less than three fifths of its
                 total alcoholic strength by volume ; however, certain quality wines psr having an actual
                 alcoholic strength by volume of less than three fifths of their total alcoholic strength by volume
                 but not less than 5-5 % vol shall not be considered as grape must in fermentation.'
            (c) Point 17 shall be replaced by the following :
            * 17. Wine lees : the muddy residue accumulating in wine vessels after fermentation or during the
                  storage of wine, dried or not ; a distinction is drawn between :
                  — lees having a total alcoholic strength by volume of not more than 7-9 % mas and having
                      a dry matter content not less than 25 % by weight, and
                   — other lees,'
 ---pagebreak--- 4. 8 . 78                             Official Journal of the European Communities                               No L 215/5
          (d) Point 18 shall be replaced by the following :
          ' 18 . Grape marc : the residue from the pressing of fresh grapes, whether or not fermented ; a
                 distinction is drawn between :
                 — grape marcs having a total alcoholic strength by volume of not more than 4.3 % mas and
                     a dry matter content of not less than 40 % by weight,
                 — other grape marcs.'
                                                          Article 10
          Annex IIa of Regulation (EEC) No 816/70 is hereby amended as follows :
           (a) In paragraph 1 :
                 — point (d) shall be replaced by the following :
                     '(d) use of carbon dioxide or nitrogen, either alone or combined, in order to create an
                           inert atmosphere and to treat the product shielded from the air
                 — point (f) shall be replaced by the following :
                     '(f) addition of diammonium phosphate or ammonium sulphate up to 0.3 g/litre respec­
                           tively and of thiamin hydrochloride up to 0.6mg/litre expressed as thiamin to en­
                           courage the growth of yeasts
                 — point (g) shall be replaced by the following :
                     '(g) use of sulphur dioxide, potassium bisulphite or potassium metabisulphite, which may
                           also be called potassium disulphite or potassium pyrosulphite ;'
                 — point (k) shall be replaced by the following :
                     '(k) use of sorbic acid or potassium sorbate ;'
           (b) In paragraph 2 :
                 — in the first sentence, the phrase 'and quality wines psr' shall be added after
                     'sparkling wine' ;
                 — point (e) shall be replaced by the following :
                      '(e) use of carbon dioxide or nitrogen, either alone or combined, in order to create an
                           inert atmosphere and to treat the wine shielded from the air. The carbon dioxide
                           content of wine preserved or treated in this way may not exceed 2 g/litre ;'
                 — point (g) shall be replaced by the following :
                      '(g) use, as laid down in Community rules, of sulphur dioxide, potassium bisulphite or
                           potassium metabisulphite, which may also be called potassium disulphite or potassium
                           pyrosulphite ;'
                 — point (h) shall be replaced by the following :
                      '(h) addition of sorbic acid or potassium sorbate provided that the final sorbic acid con­
                           tent of the treated product on its release to the market for direct human
                           consumption does not exceed 200 mg/litre ;'
                 — in point (o), the expression '100 mg/litre' shall be replaced by '100 g of
                      dry product per hi' ;
 ---pagebreak--- No L 215 / 6                                     Official Journal of the European Communities                                                        4. 8 . 78
                         — point (p) shall be replaced by the following :
                              '(p) treatment, under conditions to be laid down :
                                    — of white wines and rosé wines, with potassium ferrocyanide,
                                    — of red wines, with potassium ferrocyanide or with calcium phitate, in accordance
                                        with the sixth subparagraph of Article 26c (3).'
                                                                           Article 11
                   Annex IV to Regulation (EEC) No 816/70 shall be replaced by the following :
                                                                          'ANNEX IV
                                           AMENDMENT TO THE COMMON CUSTOMS TARIFF
                                                                         CHAPTER 20
                             PREPARATIONS OF VEGETABLES , FRUIT OR OTHER PARTS OF PLANTS
Notes ( unchanged )
Additional Note 4 shall be replaced by the following notes :
4. For the purposes of subheadings 20.07 A I, 20.07 B I a) 1 and b) 1 :
     — "unfermented and not containing spirit" means grape juice (including grape must) with an actual alcoholic
          strength by volume of not more than 1 % vol;
     — "actual alcoholic strength by volume" means the number of volumes of pure alcohol at a temperature of
          20 °C contained in 100 volumes of the product at that temperature.
5. For the purposes of subheadings 20.07 B I a) 1 aa) and 20.07 B I b) 1 aa), "concentrated grape juice (including
     grape must)" means grape juice (including grape must) the volumetric mass of which at 20° C is not less than
     1-240.
                                                                                                                                        Rate of duty
       Heading
        number                                                      Description                                                Autonomous
                                                                                                                                                Conventional
                                                                                                                                % or levy            %
                                                                                                                                   (L)
           1                                                            2                                                           3                4
       20.07            Fruit juices (including grape must) and vegetable juices, whether or not
                        containing added sugar, but unfermented and not containing spirit :
                        A. Of a specific gravity exceeding 1.33 at 15 °C :
                             I. Grape juice (including grape must) :
                                                                                                                                 50 (a)              —
                                 a) Of a value exceeding 22 u.a. per 100 kg net weight
                                 b) Of a value not exceeding 22 u.a. per 100 kg net weight :
                                    1 . With an added sugar content exceeding 30 % by weight                                       50
                                                                                                                                + (L) (a)
                                    2. Other                                                                                     50 (a)
                            II and III. (unchanged)
( a) In certain conditions a countervailing tax is provided for in respect of certain products in addition to the customs duty.
 ---pagebreak--- 4. 8 . 78                                        Official Journal of the European Communities                                                   No L 215/7
                                                                                                                                       Rate of duty
       Heading                                                                                                                Autonomous
       number                                                     Description                                                                   Conventional
                                                                                                                               % or levy             %
                                                                                                                                   (L)
           1                                                            2                                                           3                4
       20.07           B. Of a specific gravity of 1.33 or less at 15 °C :
      (cont'd)
                            I. Grape, apple and pear juice (including grape must) ; mixtures of apple
                                and pear juice :
                                a) Of a value exceeding 18 u.a. per 100 kg net weight :
                                   1 . Grape juice (including grape must):
                                       aa) Concentrated :
                                             11 . With an added sugar content exceeding 30 % by weight                          28 ( a)             28
                                                                                                                                                   + ads
                                             22. Other                                                                          28 (a)              28
                                                                                                                                                   + ads
                                       bb) Other :
                                             11 . With an added sugar content exceeding 30 % by weight                          28 (a)              28
                                                                                                                                                   + ads
                                             22. Other                                                                          28 (a)              28
                                                                                                                                                   + ads
                                   2 and 3 . (unchanged)
                                b) Of a value of 18 u.a. or less per 100 kg net weight :
                                   1 . Grape juice (including grape must):
                                       aa) Concentrated :
                                             11 . With an added sugar content exceeding 30 % by weight                             28             ' 28
                                                                                                                              + (L) (a)           + ads
                                             22 . Other                                                                         28 (a)              28
                                                                                                                                                   + ads
                                       bb) Other :
                                             11 . With an added sugar content exceeding 30 % by weight                             OO
                                                                                                                                                    28
                                                                                                                              + (L) (a)            + ads
                                             22. Other                                                                          28 (a)              28
                                                                                                                                                  + ads
                                   2 to 4. (unchanged)
                           II. ( unchanged )
    (a) In certain conditions a countervailing tax is provided for in respect of certain products in addition to the customs duty.
                                                                        CHAPTER 22
                                                       BEVERAGES, SPIRITS AND VINEGAR
Notes ( unchanged )
Additional Notes
1 . For the purposes of headings Nos 22.04, 22.05 and 22.06 and subheading 22.07 A :
     (a) "actual alcoholic strength by volume" means the number of volumes of pure alcohol contained at a temperature
          of 20° C in 100 volumes of the product at that temperature;
     (b) "potential alcoholic strength by volume" means the number of volumes of pure alcohol at a temperature of
          20 °C capable of being produced by total fermentation of the sugars contained in 100 volumes of the product
          at that temperature;
     (c) "total alcoholic strength by volume" means the sum of the actual and potential alcoholic strengths;
 ---pagebreak--- No L 215/ 8                             Official Journal of the European Communities                          4. 8 . 78
   (d) "natural alcoholic strength by volume" means the total alcoholic strength by volume of a product before any
        enrichment ;
   (e) "% vol" is the symbol for alcoholic strength by volume.
2. For the purposes of heading No 22.04, "grape must in fermentation" means the product derived from the
   fermentation of grape must, having an actual alcoholic strength by volume of more than 1 % vol and less
   than three fifths of its total alcoholic strength by volume.
3. For the purposes of heading No 22.05 :
   A. "Sparkling wine" (subheading 22.05 A) means a product having an actual alcoholic strength by volume
       of not less than 8.5 % vol, obtained :
      — either by first or second alcoholic fermentation of fresh grapes, grape must or wine, and releasing, when
           the container is opened, carbon dioxide derived exclusively from the fermentation ,
      — or from wine and releasing, when the container is opened, carbon dioxide derived wholly or partly from
           the addition of this gas,
      and having, when kept at a temperature of 20 ° C in closed containers, an excess pressure of not less than
      three bar.
   B. " Total dry extract" means the content in grams per litre of all the substances in a product which, under given
      physical conditions, do not volatilise.
       The total dry extract must be determined with the densimeter at 20 °C.
   C. (a) The presence in the products falling within subheading 22.05 C of the quantities of total dry extract per
            litre indicated in I, II, III and IV below does not affect their classification :
              I. Products of an actual alcoholic strength by volume of not more than 13 % vol : 90 g or less of total
                 extract per litre ;
             II. Products of an actual alcoholic strength by volume of more than 13 % vol but not more than
                 15 % vol : 130 g or less of total dry extract per litre ;
            III. Products of an actual alcoholic strength by volume of more than 15 % vol but not more than 18 %
                 vol : 130 g or less of total dry extract per litre ;
            IV. Products of an actual alcoholic strength by volume of more than 18 % vol but not more than 22 %
                 vol : 330 g or less of total dry extract per litre.
           Products with a total dry extract exceeding the maximum quantity shown above in each category are to be
            classified in the next following category, except that, if the total dry extract exceeds 330 g/litre, the
            products are to be classified in subheading 22.05 C V.
       (b) The above rules do not apply to products falling within subheadings 22.05 C III a) 1 , b) 1 and b) 2 and
            22.05 C IV a) 1 , b) 1 and b) 2.
4. Subheading 22.05 C shall be taken to include :
   (a) Grape must with fermentation arrested by the addition of alcohol, that is to say a product :
        — having an actual alcoholic strength by volume of not less than 12 % vol but less than 15 % vol, and
        — obtained by the addition to unfermented grape must having a natural alcoholic strength by volume of not
            less than 8.5 % vol of a product derived from the distillation of wine.
   (b) Wine fortified for distillation, that is to say a product :
        — having an actual alcoholic strength by volume of not less than 18 % vol but not more than 24 % vol,
        — obtained exclusively by the addition to wine containing no residual sugar of an unrectified product
            derived from the distillation of wine and having a maximum actual alcoholic strength by volume of
            86 % vol, and
        — having a maximum volatile acidity of 2-40 g!litre, expressed as acetic acid.
 ---pagebreak--- 4. 8 . 78                                         Official Journal of the European Communities                                                    No L 215/9
      (c) Liqueur wine, that is to say a product :
            — having a total alcoholic strength by volume of not less than 17.5 % vol and an actual alcoholic strength
                 by volume of not less than 15 % vol but not more than 22 % vol, and
            — obtained from grape must or wine, which must come from wine varieties approved in the third
                 country of origin for the production of liqueur wine and have a minimum natural alcoholic strength by
                 volume of 12 % vol :
                 — by freezing, or
                 — by the addition during or after fermentation :
                     — of a product derived from the distillation of wine, or
                     — of concentrated grape must or, in the case of certain quality liqueur wines appearing on a list
                          to be adopted of wines for which such practice is traditional, of grape must concentrated by
                          direct heat, which, apart from this operation, corresponds to the definition of concentrated
                          grape must, or
                    — of a mixture of these products.
            However, certain quality liqueur wines appearing on a list to be adopted may be obtained from unfermented
            fresh grape must which does not need to have a minimum natural alcoholic strength by volume of 12 % vol.
5 . For the purposes of subheading 22.07 A, the expression "piquette" means the product obtained by the fermentation
      of untreated grape marc macerated in water or by the extraction of fermented grape marc with water.
6. For the purposes of subheading 22.07 B I, the following are regarded as sparkling" :
      — fermented beverages in bottles with "mushroom" stoppers held in place by ties or fastenings ;
      — fermented beverages otherwise put up, with an excess pressure of not less than 1.5 bar, measured at a tem­
           perature of 20 °C.
7. For the purposes of subheading 22.10 A, the expression "wine vinegar" means vinegar obtained exclusively by
      acetous fermentation of wine and having a total acidity of not less than 60 g/litre, expressed as acetic acid.
                                                                                                                                          Rate of duty
       Heading
       number                                                       Description                                                 Autonomous
                                                                                                                                                  Conventional
                                                                                                                                 % or levy             %
                                                                                                                                    ( L)
           1                                                            2                                                             3                4
        22.04           Grape must, in fermentation or with fermentation arrested otherwise than by
                        the addition of alcohol                                                                                   40 (a )
        22.05           Wine of fresh grapes ; grape must with fermentation arrested by the addition
                        of alcohol :
                        A. Sparkling wine                                                                                        40 u.a .              —
                                                                                                                                per hi ( a)
                        B. Wine in bottles with "mushroom" stoppers held in place by ties or
                             fastenings, and wine otherwise put up with an excess pressure of not
                             less than one bar but less than three bar measured at a temperature of
                             20 °C                                                                                               40 u.a .              —
                                                                                                                                per hi (a)
(a) 'In certain conditions a countervailing tax is provided for in respect of certain products in addition to the customs duty.
 ---pagebreak---  No L 215 / 10                                   Official Journal of the European Communities                                                            4. 8 . 78
                                                                                                                                          Rate of duty
        Heading
        number                                                     Description                                                 Autonomous
                                                                                                                                                  Conventional
                                                                                                                                 % or levy              %
                                                                                                                                      (L)
           1                                                           2                                                               3                4
        22.05           C. Other :
       (cont'd)
                              I. Of an actual alcoholic strength by volume not exceeding 13 % vol , in
                                  containers holding :
                                   a ) Two litres or less                                                                         12 u.a .
                                                                                                                             per hi (a) ( b)
                                   b) More than two litres                                                                         9 u.a .            9 u.a .
                                                                                                                             per hi ( a) ( b)       per hi (b)
                             II. Of an actual alcoholic strength by volume exceeding 13 % vol but
                                  not exceeding 15 % vol, in containers holding :
                                   a) Two litres or less                                                                          14 u.a .
                                                                                                                              per hi (a) (b)
                                   b) More than two litres                                                                        11 u.a .           11 u.a .
                                                                                                                             per hi (a) (b)         per hi ( b)
                            III. Of an actual alcoholic strength by volume exceeding 15 % vol but
                                   not exceeding 18 % vol, in containers holding :
                                  a) Two litres or less :
                                       1 . Port, Madeira, sherry, Tokay (Aszu and Szamorodni) and
                                           Setubal muscatel (c)                                                                   15 u.a .           13-5 u.a .
                                                                                                                               per hi (b)          per hi ( b)
                                       2. Other                                                                                   17 u.a .
                                                                                                                             per hi ( a) ( b)
                                  b) More than two litres :
                                       1 . Port, Madeira, sherry and Setubal muscatel (c)                                         12 u.a .           11 u.a .
                                                                                                                               per hi ( b)         per hi (b)
                                       2. Tokay (Aszu and Szamorodni) (c)                                                           12 u.a .
                                                                                                                               per hi (b)
                                       3 . Other                                                                                  14 u.a .
                                                                                                                              per hi (a) ( b)
                            IV. Of an actual alcoholic strength by volume exceeding 18 % vol but
                                  not exceeding 22 % vol, in containers holding :
                                  a) Two litres or less :
                                       1 . Port, Madeira, sherry, Tokay (Aszu and Szamorodni) and
                                           Setubal muscatel (c)                                                                   16 u.a .          14.5 u.a .
                                                                                                                               per hi (b)          per hi ( b)
                                       2 . Other                                                                                  19 u.a .           19 u.a .
                                                                                                                             per hi ( a) ( b)      per hi (b)
                                  b) More than two litres :
                                       1 . Port, Madeira, sherry and Sebutal muscatel (c)                                         13 u.a .           12 u.a .
                                                                                                                               per hl(b)           per hi (b)
                                       2. Tokay (Aszu and Szamorodni) (c)                                                         13 u.a .
                                                                                                                               per hi (b)
                                       3 . Other                                                                                  19 u.a .           19 u.a.
                                                                                                                             per hi (a) (b)        per hi (b)
                             V. Of an actual alcoholic Strength by Volume exceeding 22 % Vol, in
                                  containers holding :
                                  a) Two litres or less                                                                        1.60 u.a .
                                                                                                                                  per hi
                                                                                                                                 and per
                                                                                                                                  % vol
                                                                                                                               + 10 u.a .
                                                                                                                             per hi (a) (b)
                                  b) More than two litres                                                                      1.60 u.a .
                                                                                                                                  per hi
                                                                                                                                 and per
                                                                                                                                  % vol
                                                                                                                                  ( a) (b)
 (a) In certains conditions a countervailing tax is provided for in respect of certain products in addition to the customs duty.
 (b) The exchange rate to be applied in converting into national currencies the unit of account in which the customs duty is expressed shall, notwith­
     standing General Rule C 3 contained in Part I, Section I, be the representative rate applicable to wine, if such a rate is fixed pursuant to Council
                      129          value °* r"e un^ account and the exchange rates to be applied for the purposes of the common agricultural policy
     ( OJ No 106, 30. 10. 1962 , p. 2553/62).
(c) Entry under this subheading is subject to conditions to be determined by the competent authorities*
 ---pagebreak--- 4. 8 . 78                                        Official Journal of the European Communities                                                    No L 215/ 11
                                                                                                                                          Rate of duty
       Heading                                                                                                                 Autonomous
        number                                                     Description                                                                    Conventional
                                                                                                                                % or levy              %
                                                                                                                                     (L)
           1                                                            2                                                             3                4
        22.07           Other fermented beverages (for example, cider perry and mead) :
                                                                                                                                1.60 u.a .
                                                                                                                                  per hi
                                                                                                                                 and per
                                                                                                                                  % vol
                                                                                                                              with a min.
                                                                                                                                of 9 u.a .
                                                                                                                               per hi (a)
                        B. Other :
                              I. Sparkling                                                                                       30 u.a .              —
                                                                                                                                  per hi
                            II. Still, in containers holding :
                                  a) Two litres or less                                                                           12 u.a .
                                                                                                                                  per hi
                                  b) More than two litres                                                                          9 u.a .
                                                                                                                                   per hi
        22.10           Vinegar and substitutes for vinegar :
                        A. Wine vinegar, in containers holding :
                              I. Two litres or less                                                                                8 u.a .
                                                                                                                                per hi (a)
                             II . More than two litres                                                                             6 u.a .             —
                                                                                                                                per hi (a)
                        B. Other, in containers holding :
                                                                                                                                                               *
                              I. Two litres or less                                                                                8 u.a .
                                                                                                                                   per hi
                             II. More than two litres                                                                              6 u.a .
                                                                                                                                   per hi
   ( a) In certain conditions a countervailing tax is provided for in respect of certain products in addition to the customs duty.
                                                                          CHAPTER 23
                    RESIDUES AND WASTE FROM THE FOOD INDUSTRIES ; PREPARED ANIMAL FODDER
Additional Notes
1 . For the purposes of subheadings 23.05 A and 23.06 A I, the following expressions shall have the meanings hereby
      assigned to them :
      — "actual alcoholic strength by mass" : the number of kilograms of pure alcohol contained in 100 kg of
           the product;
      — "potential alcoholic strength by mass" : the number of kilograms of pure alcohol capable of being produced
           by total fermentation of the sugars contained in 100 kg of the product;
      — "total alcoholic strength by mass" : the sum of the actual and potential alcohol strengths by mass ;
      — "% mas" : the symbol for alcoholic strength by mass.
2 . (unchanged)
 ---pagebreak--- No L 215 / 12                                  Official Journal of the European Communities                                                          4. 8 . 78
                                                                                                                                       Rate of duty
      Heading                                                    Description                                                Autonomous
      number                                                                                                                       %           Conventional
                                                                                                                                or levy              %
                                                                                                                                  ( L)
         1                                                             2                                                            3                4
      23.05            Wine lees ; argol :
                       A. Wine less :
                            I. Having a total alcoholic strength by mass not exceeding 7.9 % mas
                                and a dry matter content not less than 25 % by weight                                         Free ( a)
                           II. Other                                                                                          2.03 u.a .
                                                                                                                               per kg
                                                                                                                               of total
                                                                                                                            alcohol (a)
                       B. Argol                                                                                                  Free
       23.06           Products of vegetable origin of a kind used for animal food, not elsewhere
                       specified or included :
                       A. Acorns, horse chestnuts and pomace or marc of fruit :
                            I. Grape marc :
                                a) Having a total alcoholic strength by mass not exceeding 4-3 %
                                   mas and a dry matter content not less than 40 % by weight                                   Free (a)             Free
                                b) Other                                                                                      2.03 u.a .
                                                                                                                                per kg
                                                                                                                               of total
                                                                                                                            alcohol (a)
                           II . Other                                                                                            Free               Free
                        B. Other                                                                                                    4                2
 (a) In certain conditions a countervailing tax is provided for in respect of certain products in addition to the customs duty.'
                                Article 12                                            — Article 27 (3 ) (a) and (3a),
                                                                                      — Article 28 ( 1 ) (b) and ( la) (a),
1 . The term 'atmosphere' shall be replaced by 'bar'
in Annex II, points 12, 13, 14 and 15 of Regulation                                   — Annex II, with the exception of points 2, 3 , 17
(EEC) No 816/70.                                                                          and 18 .
2. The symbol '% vol' shall replace the term                                          3 . The words 'by volume' shall be added to the
'degree' or the symbol ' ° ' in the following provisions                              term 'alcoholic strength' in the following provisions of
of Regulation (EEC) No 816/70 :                                                       Regulation (EEC) No 816/70 :
— Article 2 (3 ), second subparagraph,
                                                                                      — Article 4a (2),
— Article 4a (2),
                                                                                      — Article 18 ( 1 ) and (2),
— Article 9 ( 1 ), second subparagraph,
                                                                                      — Article 19 ( 1 ) (5) and (6),
— Article 18 ( 1 ) and (2),
                                                                                      — Article 21 ( 1 ),
— Article 19 (5 ) and (6),
— Article 21 ( 1 ) (b),                                                               — Article 24 (3 ) and (7),
— Article 26 ( 1 ),                                                                   — Article 24a ( 1 ),
— Article 26b (3 ) (b),                                                               — Article 26 ( 1 ),
 ---pagebreak--- 4 . 8 . 78                          Official Journal of the European Communities                      No L 215 / 13
 — Article 26b (3 ) (b),                                                           Article 13
                                                              This Regulation shall enter into force on the third
 — Article 27 (3 ) (a), (3a) and (4),                         day following its publication in the Official Journal
                                                              of the European Communities.
 — Article 28 ( 1 ) (b) and ( la) (a),                        It shall apply from 1 September 1978, with the
                                                              exception of Articles 8, 9, 11 and 12, which shall
 — Annex II.                                                  apply from 1 January 1979.
            This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
            Done at Brussels, 25 July 1978 .
                                                                                  For the Council
                                                                                   The President
                                                                                      J. ERTL