CELEX: 51988PC0492
Language: en
Date: 1988-09-26
Title: Proposal for a COUNCIL REGULATION (EEC) defining certain products falling within Combined Nomenclature codes 2009 and 2204, and originating in third countries (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 492
Vol. 1988/0177
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
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on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                       COM ( 88 ) 492 final
                                       Brussels , 26 September 1988
                            Proposal for a
                       COUNCIL REGULATION ( EEC )
             defining certain products falling within
          Combined Nomenclature codes 2009 and 2204 , and
                  originating in third countries
                   ( presented by the Commission )
 ---pagebreak---                          EXPLANATORY MEMORANDUM
1 . In its second report , submitted to the European Council held in
Milan on 28 and 29 June 1985, the ad hoc Committee on a People 's
Europe ( the Adonnino Committee ), among its proposals on citizens'
rights in relation to Community legislation, had this to say on the
consolidation and simplification of Community law :
      " The Committee asks the European Council to recommend that steps
      be taken to accelerate the systematic codification and simplification
      of Community law".
The Adoninno report was approved by the Milan meeting .
On 1 April 1987 the Commission instructed its departments to undertake
the legislative consolidation of enactments no late than after their
tenth amendment ( C0M(87 ) Min 868 ).
2 . The attached proposal for a Regulation drawn up by the Legal Service
in liaison with the Directorate-General for Agriculture , has in view
such consolidation . It applies the fundamental principles on which
the Council , Parliament and the Commission agreed in 1974 . The new
Regulation will , as a legislative consolidation, replace the various
existing provisions , containing substantially the existing rules in a
consolidated form and effecting only such formal alterations as are required
by the consolidation operation itself .
The proposal fuses together the various provisions in force as they
stand at the time fo consolidation , such stylistic changes and textual
adjustments as there are being confined to those absolutely necessary .
 ---pagebreak---  It has , however , been considered appropriate to delete , in
the proposal for a consolidated Regulation , Article 3 , whose
substance is to be found in a Regulation laying down for the import
of wines , grape juice and grape must ( Council Regulation ( EEC )
No 354 /79) and is strictly speaking out of place in a Regulation
defining those products . This deletion in turn means slightly
amending Article 4 ( procedure ).
In the attached text improvements and corrections have been entered
on a photocopy of the original text so as to make them immediately
identifiable . The old numering of the articles has been retained
for ease of reference , the new numbering being entered directly above .
3.    This proposal consolidating Council Regulation ( EEC ) No 339 / 79
of 5 February 1979 defining certain products falling within heading
Nos 20.07, 22.04 and 22.05 of the Common Customs Tariff and originating
in third countries , forms part of a broader consolidation exercise
involving wine legislation which began with the adoption in 1987 of
the consolidated basic regulation, Regulation No 822 /87 . Although
the regulation with which we are concerned here has been amended
only three times , it is considered appropriate to consolidate it
in order to formulate the goods descriptions and heading numbers
which appear therein in accordance with the combined nomenclature
introduced with effect from 1 January 1988 by Council Regulation ( EEC )
No 2658 / 87 .
The wine trade , both within and outside the Community , will thus
have its disposal and updated instrument that is consistent with
two other Regulations undergoing consolidation in the same sector :
Council Regulation ( EEC ) No 355 / 79 and Commission Regulation ( EEC )
No 997 / 81 .
 ---pagebreak---                            PROPOSAL             FOR
                           COUNCIL REGULATION (EEC) No                /
                                         of              19
defining certain products falling within Combined Noienclature
                     codes 2009 and 2204 , and originating in third countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Trcary establishing the European
Economic Community,
Having regard to Council Regulation (EEC) No 822/87 of
16 March 1987 on the common organization of the
market in wine CL « lait amended by                         Ration
( EEC )                 and 1n particular Article 1 ( 4 ) ( c )
                thereof ,
Having regsrd to the proposal from the Commission ,
Having regard to the opinion of the European •
Parliament (3 ),
 Whereas Council Regulation (EEC) No 2658 / 87 of
      23 July 1 987 on the tariff and statistical nomenclature and on
      the Common Customs Tariff (If), as amended by Regulation
      (EEC) No 3985 / 87(5),
       establishes , with effect from 1 January 1988 , a combined
       goods nomenclature based on the Harmonized System which
       will meet the requirements both of the Common Customs
       Tariff and the nomenclature of goods for the external trade
       statistics of the Community;
       Whereas, as a consequence, it is necessary to express the
       descriptions of goods and tariff heading numbers which
       appear in Council Regulation (EEC ) No               339/79 of
        5 February 1979 defining certain products falling within
        heading Nos 20.07, 22.04 and 22.05 of the Common
        Customs Tariff and originating in third countries (6), as
        last amended by Regulation (EEC) No 3308 /85 ($,
   1 according to the terms of the combined nomenclature; '
    ■ Whereas, following the substantial amendments made
    in this area , it is appropriate, for reasons of clarity, to consolidate
       the said Regulation ;
        Whereas the definitions of some of the products listed in
        Annex 1 to Regulation (EEC) No^l /gf can be applied
        only to products obtained in the Community; whereas it
        is therefore necessary for the corresponding products
        originating in third countries to be defined;
        Whereas the definitions of those products originating in
        third countries to which this Regulation applies must be
         as close as possible to the definitions of the Community
         products,
     ( 1 ) 0J No L 84 , 27.3.1987 , p.l .
     ( 2 ) 0J No L 132 , 28.5.1988 , p. 1
     ( 3 ) 0J No C
     ( 4 ) OJ No L 256 , 7.9.1987 , p.l
     ( 5 ) OJ No L 376 , 31.12.1987 , p.l
     ( 6 ) 0J No L 54 , 5.3.1979 , p. 57
     ( 7 ) 0J No L 310 , 29.11.1985 , p. 7
 ---pagebreak---                                                      ч
  1 1 AS Al » > i'tri ) nus nrr.ui ATIDN .
                              Article 1
  This Regulation concerns i certain products in the 1
 wine sector falling within Combined Nomenclature
 routes 2069 and 2204 and originating in third covns1
tries .
 ---pagebreak---                Article 2
              In this Régulation :
              (a) grape must with fermentation arrested by the
                   addition of alcohol” means the product which :
                   – has an actual alcoholic strength of not less
                        than 1 2 % vol but less than 1 5 % vol, and
                   – is obtained by the addition to unfermented
                        grape must having natural alcoholic
                        strength of not less than 8-5 % vol of a
                         product derived from the distillation of
                        wine ;
              (b) ‘concentrated grape must” means uncarame-
                   lized grape must which is obtained by partial
                   dehydration of grape must carried out by any
                   authorized method other than by direct heat in
                   such a way that the figure indicated by a refrac-
                   tometer (used in accordance with the method
                   prescribed in the Annex to Council Regulation
                   (EEC) No                 at a temperature of 20 °C is      (u<y . 3«> ^
                   not less than S0i9 .% .
                   An actual alcoholic strength of the concen¬
                    trated grape must of not more than 1 % vol
                    shall be permissible ;
              (c) Rectified concentrated grape must, the liquid
                    uncaramelized product which :
                    – is obtained by partial dehydration of grape must
                                                                            33°* |S5
                          carried out by any authorized method other
                          than direct heat in such a way that the figure
                          indicated by a refractometer ( used in accordance
                          with the method prescribed in tthe Annex to
                          Regulation (EEC ) No 5V3- /jl6 ) at a temperature
                          of 20°C is not less than 70,5% ,
                    – has         undergone     authorized  treatment   for
                          de-acidification and elimination of constituents
                          other than sugar ,
                   – has the following characteristics :
                         – a pH of not more than 5 ,
                         – an optical density at 425 nm for a thickness
                              of 1 cm of not more than 0,100 ,
                         – a sucrose content undetectable by a method
                              of analysis to be defined ,
                         – an ethanol content of not more than 0,5
                              g / kg of total sugars ,
                        – a total nitrogen content of not more than
                              100 mg / kg of total sugars ,
( ' ) OJ No L 55 , 1 . 3 . 1 98f>, p. 41 .
                                                                                           €
 ---pagebreak---           _ a Folin-Ciocahcau index of noi more than 4,00 ,
          – a tritratable acidity of not more than
              10 milliequivalents / kg of total sugars ,
          – a sulphur dioxide content of not more than
              25 mg / kg of total sugar ,
          – a sulphate content of not more than
              2 milliequivalents / kg of total sugars ,
          – a    chloride  content    of   not  more     than
              1 mtlliequivalent / kg of total sugars ,
          – a phosphate content of not more than
              1 milliequivalent / kg of total sugars ,
          – a total cation content of not more than
              8 milliequivalent / kg of total sugars ,
          – a conductivity at 25°Brix and 20°C of not
              more than 50 gS / cm ,
          – a hydroxymethylfurfural content of not
              more than 25 mg / kg of total sugars ,
      – is derived exclusively from wine grape varieties
          permitted in the third country or origin ,
      – is obtained from wine grape must having at least
          the minimum natural alcoholic strength by
          volume laid down for the third country of origin
          for the production of wine intended for direct
          human consumption .
      An actual alcoholic strength of the concentrated
      rectified grape must of not more than 1 % vol shall
      be permissible .
(d) “liqueur wine” means the product which :
    – has a total alcoholic strength of not less
        than 17-5% vol and an actual alcoholic
        strength of not less than 1 5 % vol and not
        more than 22 % vol and
    – is obtained from grape must or wine, which
        must come from wine varieties approved in
        the non-member country of origin for the
        production of liqueur wine and have *a
        minimum natural alcoholic strength of
        12 % vol :
 ---pagebreak---           – by freezing, or
          – by the addition during or after fermen¬
               tation :
               (i) of a product derived from the distil¬
                      lation of wine, or
               (ii) of a concentrated grape must or, in
                      the case of certain quality liqueur
                      wines appearing on a list to be
                      adopted, for which such practice is
                      traditional, of grape must concen¬
                      trated by direct heat and which,
                      apart from this operation, corres- ,
                      ponds to the definition of concen¬
                      trated grape must, or
                (iii) of a mixture of these products.
      However, certain quality liqueur wines appear¬
      ing on a list to be adopted may be obtained
      from unfermented fresh-grape must which
      need not have a minimum natural alcoholic
      strength of 1 2 % vol ;
 (e) “sparkling wine" means the product
        – HA* an actual alcoholic strength of not less :
             than 8'S %. vol t
        – is obtained by the first or second alcoholic
            fermentation of fresh grapes, grape must or
           wine,
        – releases, when the container is opened,
            carbon dioxide derived exclusively from
            fermentation and has an excess pressure,
            due to carbon dioxide in solution, of not
            less than 3 bar when kept at a temperature
            of 20 "C in closed containers ;
   (f) "aerated sparkling wine" means the product
                     an actual alcoholic strength of not less
               than 8-5 % vol^
,         – is obtained from wine,
          _ releases, when the container is opened,
               carbon dioxide derived wholly or partially
               from an addition of that gas, and
          _ has an excess pressure, due to carbon
               dioxide in solution, of not less than 3 bar
               when kept at a temperature of 20 °C in
                closed containers ;
      (g) “semi-sparkling wine” means wine :
          _ having an actual alcoholic strength of not
                less than 8-5 % vol,
          _! having an excess pressure, due to endoge¬
                 nous carbon dioxide in solution, of not less
                 than 1 bar and not more than 2-5 bar when
              . kept at a temperature of 20 0 C in closed
                 containers ;
 ---pagebreak--- (h) “aerated urnii upafklmg wmr " mrnni wine
    -■ having an actual alcoholic slicngth of not
        less than 8-5 % vol and
    – having an excess pressure, due to carbon
        dioxide in solution which has been added
        or partially added, of not less than 1 bar
        and not more than 2-5 bar when kept at a
        temperature of 20 °C in closed containers.
 ---pagebreak---                                                           Article 3
                        Article 4
Detailed rules for the application of this Regulation
                                                    shall
be adopted in accordance with the procedure laid down
in Article    of Regulation (EEC) No $22/ 9^.
 ---pagebreak---                                                           Arti ele A
                        Article 5
1.     Regulation (EEC) No.           *s hereby repealed.
2. References to the Regulation repealed under para¬
graph 1 shall be construed as references to this Regula¬
tion .
Citations and references referring to the Articles of the
repealed Regulation should be read in accordance with
the correlation table in the Annex.
 ---pagebreak---                                       Article 6                                  Art icle 5
              This Regulation shall enter into force on
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
                                                                      For the Council
                                                                       The President
 ---pagebreak---                                    CORRELATION TABLE
Regu Iflt Ion ( F FC ) N° 3Ty / 7W        |    Thln Régulation
      Article     1                            Article  1
      Article     2                            Article  2
      Article     3                            Article  -
      Art Icle    4                            Art Icle 3
      Article     5                            Art Icle 4
      Article     6                            Article  5