CELEX: 31972R2680
Language: en
Date: 1972-12-12 00:00:00
Title: Regulation (EEC) No 2680/72 of the Council of 12 December 1972 amending Regulation (EEC) No 816/70 laying down additional provisions for the common organisation of the market in wine and Regulation (EEC) No 817/70 laying down special provisions relating to quality wines produced in specified regions

30                                 Official Journal of the European Communities
 12.12.72                         Official Journal of the European Communities                      No L 289/1
                        REGULATION (EEC) No 2680/72 OF THE COUNCIL
                                               of 12 December 1972
            amending Regulation (EEC) No 816/70 laying down additional provisions for
            the common organisation of the market in wine and Regulation (EEC) No 817/70
            laying down special provisions relating to quality wines produced in specified
                                                       regions
THE COUNCIL OF THE EUROPEAN COMMUNI­                         Whereas tariff problems have arisen as regards
TIES ,                                                       diluted alcohol of agricultural origin; whereas
                                                             having regard to the limited importance of
Having regard to the Treaty establishing the                 this product as such it should be excluded
European Economic Community, and in par­                     from the list of products referred to in
ticular Article 43 thereof;                                  Article 1 (2) of Regulation (EEC) No 816/70;
                                                             whereas it is however necessary to ensure that
                                                             products obtained in a manner contrary to the
Having regard to the proposal from the                       existing rules governing oenological practices
Commission ;                                                 should not be offered or disposed of for direct
                                                             human consumption;
Having regard to the Opinion of the European
Parliament;                                                  Whereas the organisation of the market in
                                                             wine should be extended to grape juice to
Whereas , in the light of experience in imple­               which a significant amount of vine production
menting Council Regulation (EEC) No 816/701                  is devoted and which hitherto was only subject
of 28 April 1970 laying down additional                      to rules concerning oenological practices and
provisions for the common organisation of                    conditions for release to the market; whereas
                                                             such an extension should be restricted to those
the market in wine, as last amended by Regu­
lation (EEC) No 1651/72,2 certain provisions                 juices which by virtue of their composition,
thereof should be amended;                                   are closely connected with the wine sector;
Whereas these amendments are, by their nature,               Whereas in order to obtain the most accurate
mainly points of clarification or technical                  assesment possible of the production potential
adaptations designed to make it easier to                    of wine-growing areas within the Community,
understand and apply Regulation (EEC)                        both grubbing-up of vines and the abandon of
No 816/70 or to permit of a more flexible appli­             their cultivation should be made subject to
cation to allow for all possible cases ;                     notification in the same way as planting and
                                                             re-planting;
Whereas on these same grounds Council
Regulation (EEC) No 817/703 of 28 April 1970                 Whereas in order to facilitate inspections,
laying down special provisions relating to                   especially those relating to increases in alcoholic
quality wines produced in specified regions                  strength, the quantities of sugar or must
as amended by Regulation (EEC) No 1627/714                   concentrate held by each producer should be
should also be amended ;                                     known;
                                                             Whereas it is necessary to ensure compliance
1   OJ No L 99, 5.5.1970, p . 1 .                            with Regulation (EEC) No 816/70; whereas
2   OJ No L 174, 1.8.1972, p. 52.
3   OJ No L 99, 5.5.1970,' p. 20.                            inspections hamonised at Community level are
4   OJ No L 170, 29.7.1971, p. 3.                            necessary tofthis effect;
 ---pagebreak---                                      Official Journal of the European Communities                               31
HAS ADOPTED THIS REGULATION:                                                          Article 3
                                                                Article 17 of Regulation (EEC) No 816/70 is
                           Article 1                            amended as follows :
1.       The following table is substituted for the             1 . Paragraph 1 is replaced by the following:
table in Article 1 (2) of Regulation (EEC)                          'Any natural or legal person intending to
No 816/70 :                                                         plant or replant, grub up or abandon the
                                                                    cultivation of vines during the following
                                                                    wine-growing year shall notify the competent
      CCT heading No                 Description of goods           authorities of the Member States concerned
                                                                    before 1 September of each year.'
;a) 20.07 A I  (a] 2,       Grape juice (including grape        2 . Paragraph 3 (b) is replaced by the following:
           AI  (b ) 2,      must) not containing added sugar
           B I (a - 1 (bb)  or with an added sugar content          '(b) the areas which will be grubbed up or
       and B I (b} 1 (bb)   not exceeding 30% by weight,                 abondoned during the following wine­
                            but unfermented and not con­                 growing year,
                            taining spirit
                                                                     (c) the development of the production
                                                                         potential which these details indicate.'
(b) 22.04                   Grape must, in fermentation or
                            with fermentation arrested other­
                            wise than by the addition of
                            alcohol                                                   Article 4
    22.05                   Wine of fresh grapes; grape must
                            with fermentation arrested by       The last subparagraph of Article 18 (1) of
                            the addition of alcohol             Regulation (EEC) No 816/70 is deleted.
(c) 08.04 A Π               Fresh grapes other than table
                            grapes
                                                                                      Article 5
    22.10 A                 Wine vinegar                        Article 20 of Regulation (EEC) No 816/70 is
                                                                amended as follows :
(d) 22.07 A                 Piquette
                                                                1 . To the second subparagraph of para­
    23.05 A                 Wine lees                               graph 1 :
    23.05 B                 Argol                                   after ' 1-50 g/1 expressed in tartaric acid',
                                                                    add: 'or 20'milliequivalents per litre'.
    23.06 A I               Grape marc
                                                                2 . To paragraph 2:
2.        Article       1 (3)    of   Regulation          (EEC)     after ' 1-50 g/1' add: 'or 20 milliequivalents
No 816/70 is replaced by the following:                             per litre'
      'As regards the provisions of Title IV,                       after ' be raised to 2-50 g/1' add: 'or to
      only those provisions specified in Articles 27                34 milliequivalents per litre'
    • to 30 shall apply to grape juice and concen­                  after '3 g/1 expressed in tartaric acid' add:
      trated grape juice. The same shall apply to                   'or 40 milliequivalents per litre'.
      grape must and concentrated grape must,
      provided they are intended for the prep­
      aration of grape juice.'                                                        Article 6
                                                                Article 22 of Regulation (EEC) No 816/70 is
                           Article 2                            amended as follows :
The date of '31 January' in Article 5 (6) (a) of                1 . The second subparagraph of paragraph 1 ,
Regulation (EEC) No 816/70 is replaced by                           is replaced by the following two sub­
that of ' 15 February'.                                             paragraphs :
 ---pagebreak--- 32                           Official Journal of the European Communities
    'Each of the processes referred to in the          2 . Paragraph 3 (a) is replaced by the following:
    first subparagraph must be notified to the
    competent authorities.                                 '(a) Except in the case of bottled wine in
                                                                 respect of which there is proof that
    The same shall apply in respect of the                       bottling was effected prior to the
    quantities of sucrose or concentrated grape                  above date, wine other than quality
    must held in the exercise of their profession                wine p.s.r., derived from the vine
    by natural or legal persons, in particular                   varieties referred to in Article 16 but not
    producers, bottlers, processers and mer­                     corresponding to the definitions con­
    chants to be determined, at the same time                    tained under items 9 to 15 of Annex II
    and in the same place as fresh grapes, grape                 may be used only for consumption in
    must, partially fermented grape must or                      the families of individual wine growers,
    wine in bulk . The notification of these                     for the production of wine vinegar or
    quantities may however be replaced by                       for distillation .
    entry in a goods inwards and stock utilis­
    ation register.'                                             However, in years when the climatic
                                                                 conditions have been unfavourable, it
2 . Paragraph 3 is replaced by the following:                    may be decided that products from
    'Detailed rules for the application of this                  wine-growing zones A and B which
    Article and the derogations from the closing                 do not possess the minimum natural
    dates, laid down in paragraph 2 shall be                     alcoholic strength laid down for the
    adopted in accordance with the procedure                     wine-growing zone in question may
    laid down in Article 7 of Regulation No 24.                  be used in the Community for the
    Exceptions to the requirements laid down                    production of sparkling wine and
    in the third subparagraph of paragraph                       aerated sparkling wine provided that
    1 may be adopted in accordance with the                     these wines have an actual alcoholic
    same procedure.'                                             strength of not less than 8-5° or for
                                                                the production of aerated semi-spark­
                                                                ling wine provided that such wine has
                                                                 a total alcoholic strength of not less
                     Article 7                                  than 9°.'
Regulation (EEC) No 816/70 is supplemented             3 . Paragraph 4 is replaced by the following:
by the following Article:
                                                           'Grape juice and concentrated grape juice
    Article 22a                                            originating in the Community may not be
                                                           turned into wine nor be added to wine.
    The provisions laid down in Articles 18 to 22          These products shall be subject to control
    applicable to products harvested in Com­               with respect to their use.
    munity regions not included within the
    wine-growing zones specified in Annex III              With the exception of alcohol, potable
    shall be determined in accordance with the             spirits and piquette, neither wine nor any
    procedure laid down in Article 7 of Regu­              other beverage intended for direct human
    lation No 24 .'                                        consumption shall be made from wine lees
                                                           or grape marc originating in the Community.
                                                           Piquette, in so far as its production is
                     Article 8                             authorised by the Member State concerned,
                                                           may be used only for distillation or for
The words 'the control of coupage and' in                  consumption in the families of individual
Article 26 (6) of Regulation (EEC) No 816/70               wine growers .
are deleted .
                                                           Wine fortified for distillation may only be
                                                           used for distillation.'
                     Article 9                         4 . Paragraph 5 is replaced by the following:
                                                           'The derogations provided for in the first
Article 27 of Regulation (EEC) No 816/70 is                and second subparagraphs of para­
amended as follows :                                       graph 3 (a), together with detailed rules for
                                                           the application of this Article shall be
1 . To paragraph 2 (b) second indent, add: 'or             adopted according to the procedure laid
    60 milliequivalents per litre'.                        down in Article 7 of Regulation No 24.'
 ---pagebreak---                                 Official Journal of the European Communities                               33
                       Article 10                             2 . Detailed rules for the application of
                                                              this Article, especially the conditions gov­
Article 28 of Regulation (EEC) No 816/70 is                   erning holding and circulation, the use of
amended as follows :                                          products referred to in paragraph 1 and the
                                                              establishment of criteria for the purpose of
1 . To paragraph 1 (a) add: 'or 60 milliequiv­                avoiding excessive rigour in individual
    alents per litre'.                                        cases, shall be adopted in accordance with
                                                              the procedure laid down in Article 7 of
                                                              Regulation No 24.'
2 . Paragraph 2 is replaced by the following:
    'Imported fresh grapes, imported grape
    must, imported concentrated grape must,
    imported grape must in fermentation,                                         Article 12
    imported grape juice and imported con­
    concentrate grape juice may not be turned             Regulation (EEC) No 816/70 is supplemented
    into wine nor added to wine.                          by the following Article:
    Neither wine nor any other beverage
    intended for direct human consumption                     'Article 39a
    shall be made from imported wine lees,
    grape marc, piquette or wine fortified for                1.      Member States shall take all appro­
    distillation; however, potable spirits may be             priate measures to ensure compliance with
    made from imported wine fortified for                     this Regulation. They shall designate one
    distillation.'                                            or more bodies which shall be instructed to,
                                                              verify compliance with this Regulation.
3 . Paragraph 5 is replaced by the following:                 They shall inform the other Member States
                                                              and the Commission of the name of such
    'Detailed rules for the application of this
    Article shall be adopted in accordance                    body or bodies.
    with the procedure laid down in Article 7                 2.      The Council acting in accordance
    of Regulation No 24.'                                     with the voting procedure laid down in
                                                              Article 43 (2) of the Treaty on a proposal
                                                             from the Commission, shall adopt measures
                       Article 11                             designed to ensure uniform application of
                                                              this Regulation especially as regards veri­
                                                              fication .
Regulation (EEC) No 816/70 is supplemented
by the following Article:                                    3.       Detailed rules for the application of
    'Article 28a                                              the second subparagraph of paragraph 1 ,
                                                              and of paragraph 2 shall be adopted in
    1.     Products     falling    within    heading          accordance with the procedure laid down
    No 22.05 of the Common Customs Tariff,                    in Article 7 of Regulation No 24.'
    whether imported or not, which have been
    used in oenological practices not allowed
    by Community rules or, where such rules                                      Article 13
    do not exist, by national rules or by rules
    which do not conform either to the pro­
    visions of th:s Regulation or to those                1.      In Annex II to Regulation (EEC)
    adopted in implementation thereof, may                No 816/70, the definitions given under items
    not be offered or disposed or for direct              3 and 5 are replaced by the following definitions:
    human consumption.
    The same shall apply to:                                  '3 . Grape must in fermentation: grape
                                                                    must having an actual alcoholic
    — products referred to in Article 1 (2) (a),                    strength of less than three-fifths of
        (b) and (c) which are not wholesome,                        its total alcoholic strength; however,
        genuine or saleable;                                        certain quality wines p.s.r. having an
    — products referred to in Article 1 (2)                         actual alcoholic strength of less than
        which do not comply with the definitions                    three-fifths  of    their total alcoholic
        appearing in Annex II to this Regulation                    strength but not less than 5*5° shall not
        or those adopted in implementation                          be considered as grape must in fer­
        thereof.                                                    mentation.
 ---pagebreak--- 34                              Official Journal of the European Communities
    5.    Grape juice: unfermented but fer­               2.     The Common Customs Tariff is amended
          mentable grape must which has under­            as follows :
          gone the appropriate treatment ren­             (a) Under subheading 22.09 A I, footnote
          dering it fit for consumption as it is and
                                                              reference (a) in the third column is deleted;
          which has an actual alcoholic strength
          of not more than 1° .'                          (b) Under subheading 22.09 A II, footnote
                                                              reference (a) in the third column and the
2.     Item 22 of Annex II to Regulation (EEC)                related footnote (a) are deleted.
No 816/70 is deleted .
                                                                               Article 16
                       Article 14
                                                          In Article 12 (3) of Regulation (EEC) No 817/70
In Annex III to Regulation (EEC) No 816/70,               the words 'Article 30 (2)' are replaced by the
the list given under item 1 is supplemented as            words 'Article 30 (2) and (3)'.
follows :
    '— the Belgian wine-growing area                                           Article 17
     — the Netherlands wine-growing area .'
                                                          This Regulation shall enter into force on
                                                          1 January 1973 .
                       Article 15
                                                          However, Article 8 of Regulation (EEC)
                                                          No 816/70 shall only apply to the products
1.     Annex IV to Regulation (EEC) No 816/70             referred to in Article 1 (2) (a) of - the said
is replaced by the Annex to this Regulation.              Regulation as from 1 March 1973 .
             This Regulation shall be binding in its entirety and directly applicable in all
             Member States .
             Done at Brussels, 12 December 1972.
                                                                            For the Council
                                                                             The President
                                                                             P. LARDINOIS
 ---pagebreak---                                             Official Journal of the European Communities                                          35
                                                                        ANNEX /V
                                                  Amendment to the Common Customs Tariff
                                                                                                              Rate of duty
       CCT
     heading                                                     Description                         autonomous
       No                                                                                                 0/
                                                                                                           /0          conventional
                                                                                                       or levy              %
                                                                                                         ( L)
        1                                                             2                                    3                 4
      20.07        Fruit juices (including grape must) and vegetable juices, whether or not
                   conta ning 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):
                             (a) Of a value exceeding 22 u.a. per 100 kg net weight:
                                  1 . With an added sugar content exceeding 30% by weight                50                —
                                  2 . Other                                                            50 (b)               —
                             (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)
                                  2 . Other                                                            50 (b)
                        Π and III (unchanged)
                   B. Of a specific gravity of 1-33 or less at 15 °C:
                        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) With an added sugar content exceeding 30% by weight . .       28                (a)
                                      (bb) Other                                                       28 (b)              ( a)
                                  2 . Apple and pear juice:
                                      (aa) Containing added sugar                                        25                24
                                                                                                                         + ads
                                      ( bb) Other                                                        25                25
                                  3 . Mixtures of apple and pear juice                                   25                —
                             ( b) Of a value of 18 u.a. or less per 100 kg net weight:
                                  1 . Grape juice (including grape must):
                                      (aa) With an added sugar content exceeding 30% by weight . .       28                28
                                                                                                       + (L)             + ads
                                      (bb) Other                                                       28 (b)              (a)
                             (rest unchanged)
va x See Annex.
x b) In certain condition *, .i countervailing tax is provided for in addition to the customs duty .
 ---pagebreak--- 36                        Official Journal of the European Communities
                                                 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) 'actual alcoholic strength' means the number of volumes of alcohol contained in 100
           volumes of the product;
       (b) 'potential alcoholic strength' means the number of volumes of alcohol capable of being
           produced by total fermentation of the sugars contained in 100 volumes of the product;
       (c) 'total alcoholic strength' means the sum of the actual and potential alcoholic strengths;
       (d) ' degree of alcohol' means the actual alcoholic strength.
           Determination of the alcoholic strength must be carried out at 20 °C.
   2 . For the purposes of heading No 22.04, ' grape must in fermentation' means grape must
       having an actual alcoholic strength of less than three-fifths of the total alcoholic strength.
   3 . For the purposes of heading No 22.05:
       A. ' Sparkling wine' (subheading 22.05 A) means a product having an actual alcoholic
           strength of not less than 8*5°, 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 3 atmospheres.
       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 alcoholic strength of not more than 13°: 90 g or less of total dry
                     extract per litre;
                II. Products of an alcoholic strength of more than 13° but not more than 15°: 130 g
                     or less of total dry extract per litre;
               III. Products of an alcoholic strength of more than 15° but not more than 18°: 130 g
                     or less of total dry extract per litre;
               IV. Products of an alcoholic strength of more than 18° but not more than 22°: 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 per litre the products are to be classified in subheading
               22.05 C V.
           (b) The above rules do not apply to products with a registered designation of origin
               falling within subheadings 22.05 C III (a) and 22.05 C IV (a).
   4 . Subheading 22.05 C shall be taken to include:
       (a) Wine fortified for distillation, that is to say, a product:
           — having an actual alcoholic strength of not less than 18° but not more than 24°,
 ---pagebreak---                       Official Journal of the European Communities                                  37
        — 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 of 86°, and
        — having a maximum volatile acidity of 2*40 g/1, expressed as acetic acid.
    (b) Liqueur wine ( vin de liqueur'), that is to say, a product:
        — having a total alcoholic strength of not less than 17*5° and an actual alcoholic strength
           of not less than 15° but not more than 22°, and
        — obtained from grape must, new wine still in fermentation or wine:
           — by freezing, or
           — by the addition, during or after fermentation, of a product derived from the
               distillation of wine.
5 . For the purposes of subheadings 22.05 C III (a) and 22.05 C IV (a), the expression ' registered
    designation of origin' applies only to the following wines : port, Madeira, sherry, Tokay
    (Aszu and Szamorodni) and Setubal muscatel .
    Entry under these subheadings is also subject to the production of a certificate of origin
    recognised by the competent authorities.
6 . 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.
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 not less than 60 g/1,
    expressed as acetic acid.
 ---pagebreak--- 38                                       Official Journal of the European Communities
                                                                                                             Rate of duty
      CCT
    heading                                                   Description                          autonomous
      No                                                                                                 %            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' corks held in place by ties or fastenings,
                        and wine in other containers having an excess pressure of not less than
                       1 atmosphere but less than 3 atmospheres, measured at a temperature of
                       20 °C                                                                         40 u.a .              —
                                                                                                   per hi (a)
                  C. Other :
                         I. Of an actual alcoholic strength not exceeding 13°, in containers
                              holding:
                              (a) 2 litres or less                                                   12 u.a .
                                                                                                   per hi (a)
                              (b) More than 2 litres                                                  9 u.a .            9 u.a .
                                                                                                   per hi (a)            per hi
                        Π. Of an actual alcoholic strength exceeding 13° but not exceeding 15°,
                             in containers holding:
                              (a) 2 litres or less                                                   14 u.a .
                                                                                                   per hi (a)
                              (b) More than 2 litres                                                 11 u.a .           11 u.a .
                                                                                                   per hi (a)           per hi
                       ΙII. Of an actual alcoholic strength exceeding 15° but not exceeding 18°:
                              (a) With a registered designation of origin, in containers holding:
                                  1 . 2 litres or less                                               15 u.a .          13\5 u.a .
                                                                                                      per hi            per hi
                                  2 . More than 2 litres :
                                      (aa) Port, Madeira, sherry and Setúbal muscatel                12 u.a .           11 u.a .
                                                                                                     per hi              per hi
                                       (bb) Other                                                -   12 u.a .
                                                                                                     per hi
                              (b) Other, in containers holding:
                                  1 . 2 litres or less                                               17 u.a .              —
                                                                                                   per hi (a)
                                  2 . More than 2 litres                                             14 u.a .              —
                                                                                                   per hi (a)
                       IV. Of an actual alcoholic strength exceeding 18° but not exceeding 22°:
                              (a) With a registered designation of origin, in containers holding:
(a) In certain conditions, a countervailing tax is provided for in addition to the customs duty.
 ---pagebreak---                                            Official Journal of the European Communities                                            39
                                                                                                               Rate of duty
        CCT
      heading                                                   Description                          autonomous
         No                                                                                                             conventional
                                                                                                        or levy              %
                                                                                                          (L)
          1                                                          2                                     3                 4
       22.05         C.             1.2 litres or less                                                 16 u.a            14-5 u.a .
     {cont'd)                                                                                          per hi             per hi
                                    2 . More than 2 litres :
                                        (aa) Port, Madeira, sherry and Setubal muscatel                13 u.a .           12 u.a .
                                                                                                        per hi            per hi
                                         (bb) Other                                                    13 u.a .
                                                                                                       per hi
                                (b) Other                                                              19 u.a .           19 u.a .
                                                                                                     per hi (a)           per hi
                          V. Of an actual alcoholic strength exceeding 22°, in containers holding:
                                (a) 2 litres or less                                   •              1'60 u.a .
                                                                                                    per hi and
                                                                                                    per degree
                                                                                                     + 10 u.a .
                                                                                                     per hi ( a)
                                (b) More than 2 litres                                                1-60 u.a .
                                                                                                    per hi and
                                                                                                   per degree (a)
      22.07          Other fermented beverages (for example, cider, perry and mead):
                    A. Piquette                                                                       1*60 u.a .
                                                                                                    per hi and
                                                                                                    per degree
                                                                                                    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) 2 litres or less                                                     12 u.a .
                                                                                                        per hi
                              (b) More than 2 litres                                                    9 u.a .
                                                                                                        per hi
      22.10          Vinegar and substitutes for vinegar:
                    A. Wine vinegar, in containers holding:
                          I. 2 litres or less                                                           8 u.a .
                                                                                                     per hi (a)
                         II. More than 2 litres                                                         6 u.a .
                                                                                                     per hi (a)
                    B. Other, in containers holding:
                          I. 2 litres or less                                                           8 u.a .
                                                                                                        per hi
                         II. More than 2 litres                                                         6 u.a .
                                                                                                        per hi
( a)  In certain concitions, a countervailing tax is provided for in addition to the customs duty.
 ---pagebreak--- 40                                         Official Journal of the European Communities
                                                                     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:
    — 'total alcohol content': the sum of the actual and potential alcohol contents;
    — 'actual alcohol content': the number of litres of alcohol contained in 100 kg of the product;
    — 'potential alcohol content': the number of litres of alcohol capable of being produced by total fermentation of the
         sugars contained in 100 kg of the product.
2 . (unchanged)
                                                                                                               Rate of duty
      CCT
    heading                                                    Description                           autonomous
       No                                                                                                 %             conventional
                                                                                                        or levy              %
                                                                                                          ( L)
        1                                                           2                                       3                4
     23.05         Wine lees; argol;
                   A. Wine lees :
                         I. Having a total alcohol content not exceeding 10 litres of pure alcohol
                              per 100 kg, and a dry matter content not less than 25% by weight . . .  Free (a)               —
                        II. Other                                                                     1-60 u.a .             —
                                                                                                         per 1
                                                                                                       of total
                                                                                                     alcohol ( a)
                   B. Argol                                                                           Free ( a)
     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:
                         L Grape marc:
                              (a) Having a total alcohol content not exceeding 5*50 litres of pure
                                  alcohol per 100 kg and a dry matter content not less than 40% by
                                  weight                                                              Free (a )             Free
                              (b) Other                                                               1*60 u.a .             —
                                                                                                         per 1
                                                                                                       of total
                                                                                                     alcohol (a)
                        II . Other                                                    '                  Free               Free
                   B. Not specified                                                                         4                2
(a)  In certain conditions , a countervailing tax is provided for m addition to the customs duty.