CELEX: 51976PC0367
Language: en
Date: 1976-07-14
Title: Proposal for a COUNCIL REGULATION (EEC) No laying down the conditions for coupage and winemaking in the free zones within the Community for nine products originating in third countries (submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 367
Vol. 1976/0107
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                      /
                                           COM(76)367 final         i
                                           Brussels , 14 July 1976
                                     Proposal for a
                             , COUNCIL REGULATION (EEC) No
                   laying down the conditions for coupage and wine­
                   making in the free zones within the Community
                    for nine products originating in third
                    countries            „
                   ( submitted by the Commission to the Council )
                                       \
                                       I
  \
    C0H<76 ) 367 final
                                  1
 ---pagebreak---                            EXPLANATORY IIEM0RA1TCHM
      The Council has by Regulation. (EEC) U° II6O/7O amended the first
subparagraph of Article 26 (4 ) and the first subparagraph of Article 23 (2 )
of Regulation (EEC ) N° 8I6/7O by prohibiting, within the geographical
territory of the Community , except where derogations are provided the coupage
of a wine originating in a non-member country with a Community wine and also
the coupage between wines originating in non-member countries , the making
of wine from imported basic products and the addition of those products to
wine . However , as an exception to this rule , the Council has authorized the
above-cited operations in the free zones , provided that the wine so obtained
is intended for consignment' to a non-member country.
      This proposal for a Regulation contains the implementing rules on
coupage , making into wine , and addition of the basic products of imported
wine to wine in the' free zones , which have to be adopted by the Council
before 1 September 1976 • It is important that these implementing rules esta­
blish an effective control over these operations in the free zones and rules
for designation of wines obtained by those operations .
 ---pagebreak---                                    Proposal for a
                            COUWCIL SEGULATION ( EEÇ ) NO
                                OT              '  ■
                 laying down the conditions for coupaae and wine­
                 making in the free zones within the Community
                 for wine products originating in third countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to Council Regulation ( EEC ) No 816/ 70 of 28 April 1970
 laying down additional provisions for the common      organization of the
market in wine *^, as last amended by Regulation ( EEC ) No 1167/ 76 ^, and
 in particular the third subparagraph of Article 26(4 ) and the third
subparagraph of Article 28(2 ) thereof ,
Having regard to the proposal from the Commission,
Whereas the first subparagraph of each of Articles 26(4 ) and 28(2 ) of the
said Regulation prohibit in the geographical territory of the Community,
except in the case of a derogation , coupage of a wine originating in a
third country with a Community wine end coupage between wines originating
in third countries , the making of wine from imported basic products and
the addition of those products to wine , whereas , however , as an exception
to that rule , these operations are authorized in the free zones provided
that the wine so obtained is intended for dispatch to a third country ;
Whereas the third subparagraph of each of the said Articles 26(4 ) and
28(2 ) requires that provisions for the application of these operations and
the rules concerning the description of the i.ine obtained in the free zones
shall be adopted before 1 September 1976 ;
               /
                                                                         !
( 1 > 0J Uo L 99, 5.5.197C, p . 1
C2 > OJ No L 135, 25.4.1976, p . 42
 ---pagebreak---                                          - 2 -
Whereas , in order to ensure the effective supervision of operations in the
free zones , it is necessary to provide for the prior authorization thereof
by the Member State concerned end the setting up of means for supervising
the movements of the products concerned ;
Whereas , in order to prevent abusive practices , the products used for such
operations must have been produced, as appropriate , either in accordance
with the provisions of the third country or in accordance with Community
provisions or those of the Member State concerned ;
Whereas, save as otherwise provided , the Council Directive 69/ 75 / EEC of
4 March 1969 on the harmonization of provisions laid down by law, regulation
                                                     (1 )
or administrative action relating to free zones .,        applies ; whereas however ,
for the avoidance of doubt , mention should be made of certain provisions
the applicability of which is compatible with the provisions of this
Regulation ;
Whereas the rules concerning the description of the wines produced in the
free zones must be such as to avoid any confusion with Community wines ,
whereas , furthermore , a distinction should be drawn between mandatory
information necessary to identify the wines and optional information
designed to indicate the special properties of the wines or to characterize
them,
HAS ADOPTED THIS REGULATION :
                                      Article 1
1.   Without prejudice to Articles 2(2)(b ) and 4(1 ) of Council Directive
     69 / 75 / EEC of 4 March 1969, any natural or leg.il persons intending to
     effect in a free zone one of the following operations :
     (a)     coupage of wines originating - in a third country with Comnsunity
             wines ,    - .  ,'4  r•                                 . , ,
     (b)     coupage between winos originating in third countries .
 ( } OJ No L 58, 8.2.1969, p. 11
 ---pagebreak---                                        - 3 -
   < c>   the making of wine frcm fresh - grapes, grape must , ''grape - must in
          fermentation, concentrated grape must , grape roust with fermentation
          arrested by the addition of alcohol , grape juice and concentrated
          grape juice originating in third countries, or
   (d)    the addition of the products listed in ( c ) to wine shall obtain
          authorization frcm the competent authorities appointed by the
          Member States to applying the measures taken under Article . 29 of
          Regulation ( EEC ) Wo 816/ 70 .                          ~           • -
2. The products resulting from the operations referred to in paragraph 1
   shall not be placed in free circulation in the Community , All persons
   concerned shall keep entry and exit registers enabling the movements
   of those products and of the products referred to in paragraph 1 to
   be supervised .
                                     Article g
1. Only the following shall be used for the operations referred to in
   Article 1(1 ):
   -    products originating in a third country which have been produced in
        accordance with the provisions applicable therein to domestic trace
        and
   -    Community products which have been produced in accordance with
        Community provisions or , where appropriate , with the provisions of
        the Member State concerned .
2. The wine-making referred to in Article 1(1 )( c ) may only be permitted
   by the authorities referred to in Article 1(1 ) if the third countries
   in which the products for wine-making originate have declared their
   agreement in principle . after being consulted by the Commission . . . .
   The increasing of the alcoholic strength of the product concerned by
   any method ether than coupage and also acidification and deacidif ication
   shall be prohibited .                                 * •
 ---pagebreak---                     \
                                        - 4 -
i
l                                     Article 3
  1. The description of a wine resulting from one of the operations referred
     to in Article 1(1 ) shall include the following information :
     (a)  the term " wine     with or without a statement as to whether the
          wine is red, rosfi or white ;
     <b>  the nominal volume of the wine ;
     (c)  in the case cf :
          -   containers with a nominal volume of 60 litres or less :    the
              name or business name of the bottler and the local adminis­
              trative area or part thereof in which the bottling took place
          -   other containers : the name or business r.ame of the consignor
              who carried out the operation concerned and the local admi­
              nistrative area or p~rt thereof in which the containers were
            , filled
     (d)  the third country of origin if all the products used in the
          operation originate in that country .
  2. The description of the wines may be supplemented by the following
     information :
     (3)  a brand name in accordence with the conditions laid down in
          Article 34 of Regulation ( EEC ) No 2133/ 74 ;
     (b)  ths actual and / or total alcoholic strength ;
     (c)  a recommendation to the consumer as to the use of the wine .
  3. Only the information specified in paragraphs 1 and 2 shall be permitted
     for the description of wines resulting from coupsge as referred to in
     Article 1(1 ) end ( b ).
     Nevertheless , additional information may be provided for in accordance
     with ths procedure laid down in Article 7 of Regulation No 24 to the
     extent required by the laws of the third countries to which the wine
     will be dispatched .
 ---pagebreak--- This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply with effect from 1 September 1976 .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
                                     Done at Brussels ,
                                     For the Council
                                     The President