CELEX: 31970R2612
Language: en
Date: 1970-12-15 00:00:00
Title: Regulation (EEC) No 2612/70 of the Council of 15 December 1970 amending Regulation (EEC) No 816/70 making additional provisions for the common organisation of the market in wine

Official Journal of the European Communities                                   915
  No L 281 /6                         Official Journal of the European Communities                              27.12.70
                                  REGULATION (EEC) No 2612/70 OF THE COUNCIL
                                                   of 15 December 1970
                amending Regulation (EEC) No 816/70 making additional provisions for the common
                                            organisation of the market in wine
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            its application shall apply to the tariff
                                                                     classification of products covered by this
                                                                     Regulation; the tariff nomenclature resulting from
 Having regard to the Treaty establishing the                        application of this Regulation shall be
 European Economic Community, and in particular                      incorporated in the Common Customs Tariff.'
 Article 43 thereof;
 Having regard to the proposal from the Commission ;                                       Article 2
 Having regard to the Opinion of the European                    The following definition shall be substituted for the
 Parliament;                                                     definitions appearing under items 17 and 19 of
                                                                 Annex II to Regulation (EEC) No 816/70 :
 Whereas Council Regulation (EEC) No 816/70 1
 laying down additional provisions for the common                    ' 17. Wine lees : the muddy residue accumulating
 organisation of the market in wine, as amended by                         in wine vessels after fermentation or during
 Regulation (EEC) No 1253/70,2 lays down in Annex                          the storage of wine, dried or not; a
 II the definitions of wine lees and grape marc ;                          distinction is drawn between :
 whereas these definitions have given rise to customs
                                                                           — lees having a total alcohol content of not
 difficulties, particularly in respect of the tariff
                                                                               more than 10 1 of pure alcohol per 100
 classification of the products in question ;
                                                                               kg and having a dry matter content not
                                                                               less than 25% by weight; and
Whereas, moreover, it has proved necessary to be
 more specific over the rates of customs duties                            — other lees.
 applicable to certain products;
                                                                      19 . Grape marc : the residue from the pressing of
Whereas       Regulation   (EEC)     No   816/70 should                    fresh grapes, whether or not fermented ; a
 consequently be amended along those lines ;                               distinction is drawn between :
                                                                           — grape marcs having a total alcohol
                                                                               content of not more than 5-50 1 of pure
HAS ADOPTED THIS REGULATION :
                                                                               alcohol per 100 kg and a dry matter
                                                                               content of not less than 40% by weight;
                          Article 1                                        — other grape marcs.'
The following text shall be substituted for the text of                                    Article 3
Article 12 ( 1 ) of Regulation (EEC) No 816/70 :
     'The Common Customs Tariff shall be amended                A new Annex IV, as set out in the Annex to this
     in accordance with Annex IV.                               Regulation, shall be added to Regulation (EEC) No
                                                                816/70.
     The general rules for the interpretation of the
     Common Customs Tariff and the special rules for
                                                                                          Article 4
1 . OJNoL99, 5.5.1970, p. 1 .                                   This Regulation shall enter into force on 1 January
3 OJ No L 143 , 1.6.1970, p . 1 .                               1971 .
 ---pagebreak--- 916                                  Official Journal of the European Communities
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 15 December 1970.
                                                                                     For the Council
                                                                                      The President
                                                                                          J. ERTL
                                                         ANNEX
                                                       ANNEX IV
                                        Amendment of the Common Customs Tariff
                                                      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 sub-heading No 22.07 A :
    (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) ftotal alcoholic strength ' means the sum of the actual and potential alcoholic strengths ;
    (d) 'degree of alcohol by volume' 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 Jess than three-fifths of the total alcoholic strength .
3. For the purposes of heading No 22.05 :
    A. 'Sparkling wine' (sub-heading No 22.05 A) means products having an actual alcoholic strength not less than
        8-5°, obtained :
        — either by first or second alcoholic fermentation of fresh grapes, grape must or wine, and characterised at
            the uncorking of the container by a release of carbon dioxide resulting exclusively from the fermentation,
        — or from wine and characterised at the uncorking of the container by a release of carbon dioxide resulting
            wholly or partly from the addition of this gas,
        and showing, when kept at a temperature of 20° C in closed containers, an overpressure of not less than , 3
        atmospheres.
 ---pagebreak---                                        Official Journal of the European Communities                                     917
   B. ' Total dry extract' means the content in grammes per litre of all the substances in a product which, under given
       physical conditions, do not volatilize.
       Determination of the total dry extract must be determined with the densimeter at 20° C.
   C. (a) The presence in products falling within sub-heading 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 sub-heading No 22.05 C V.
       (b) The above rules do not apply to products with a registered designation of origin falling within sub­
            headings 22.05 C III (a) and 22.05 IV (a)
4. Sub-heading No 22.05 C covers in particular :
   (a) Wine fortified for distillation, that is to say a product :
       — having an actual alcoholic strength of not less than 18° and not more than 24°,
       — 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/l, 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°
            and 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 sub-headings Nos 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 sub-headings is also subject to the production of a certificate of origin recognised by the com­
   petent authorities.
6. For the purposes of sub-heading No 22.07 A, 'piquette' means the product obtained by the fermentation on
   untreated grape marc macerated in water or by the extraction of fermented grape marc with water.
7. For the purposes of sub-heading No 22.10 A, 'wine vinegar' means vinegar obtained exclusively by acetous fer­
   mentation of wine and having a total acidity of not less than 60 g/l, expressed as acetic acid.
 ---pagebreak--- 918                                  Official Journal of the European Communities
                                                                                                    Duty rates
      CCT
    heading                                     Description of goods                     autonomous
                                                                                                           conventional
      No                                                                                      %
                                                                                                                 %
                                                                                         or levies (P)
       1                                                  2                                    3                 4
     22.05  Wine of fresh grapes ; grape must with fermentation arrested by the
            addition of alcohol:
            A. Sparking wine                                                          hi   40 ua                 —
            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                                                hi   40 ua                 —
            C. Other :
                  I. Of an actual alcoholic strength not exceeding 13° and in containers
                     holding:
                     (a) 2 litres or less                                             hi   12 ua                 —   '
                     (b) More than 2 litres                                           hi     9 ua               9 ua
                 II. Of an actual alcoholic strength exceeding 13° but not exceeding
                     15°, in containers holding:
                     ( a) 2 litres or less                                            hi   14 ua                 —
                     (b ) more than 2 litres                      '                   hi   11 ua               11 ua
               III. 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                 '                     hi   15 ua             13-8 ua
                           2 . More than 2 litres :
                                (aa) port, Madeira, sherry and Setúbal muscatel       hi   12 ua             11-2 ua
                               (bb ) Other                                            hi   12 ua                —
                     (b) Other, in containers holding :
                           1 . 2 litres or less                                       hi   17 ua                —
                           2. More than 2 litres                                      hi   14 ua                —
               IV. Of an actual alcoholic strength exceeding 18° but not exceeding
                     22° :
                     (a) With a registered designation of origin, in containers holding:
                           1 . 2 litres or less                                  ,    hi   1 6 ua            14-8 ua
                           2 . More than 2 litres :
                                (aa) port, Madeira, sherry and Setúbal muscatel  ,    hi   13 ua             12-2 ua
                               (bb) Other                                             hi   13 ua                —
                     (b) Other                                                        hi   19 ua              19 ua
 ---pagebreak---                                              Official Journal of the European Communities                                    919
                                                                                                             Duty rates
       CCT
     heading                                           Description of goods                       autonomous
                                                                                                                    conventional
        No                                                                                             %
                                                                                                                         /0
                                                                                                  or levies (P)
         1                                                       2                                      3                4
       22.05          V. Of an actual alcoholic strength exceeding 22°, in containers holding:
     (cont'd)
                           (a) 2 litres or less                                              hi    1-60 ua1             —
                                                                                             hi   + 10 ua
                           (b) More than 2 litres                                            hi    1-60 ua              —
      22.07          Other fermented beverages (for example, cider, perry and mead):
                     A. Piquette :                                                           hi    1-60 ua1             —
                                                                                                  with min
                                                                                                  charge of
                                                                                                      9 ua
                     B. Other :
                           I. Sparkling                                                      hi     30 ua               —
                          II. Still, in containers holding:
                               (a) 2 litres or less                                          hi     12 ua               —
                               (b) More than 2 litres                                        hi       9 ua              —
      22.10          Vinegar and substitutes for vinegar:
                     A. Wine vinegar, in containers holding:
                           I. 2 litres or less                                            .  hi       8 ua              —
                          II. More than 2 litres                                             hi       6 ua              —
                     B. Other, in containers holding:
                           I. 2 litres or less                                               hi       8 ua
                          II. More than 2 litres                                             hi       6 ua              —
      23.05          Wine lees ; argol:
                     A. Wine lees :
                           I. Having a total alcohol content not exceeding 10 1 of pure alcohol
                              per 100 kg, and a dry matter content not less than 25% by weight       free               —
                          II. Other                                                                1-60 ua              —
                                                                                                   per 1 of
                                                                                                total alcohol
                     B. Argol                                                                        free               —
1 Per degree of alcohol .
 ---pagebreak--- 920                             Official Journal of the European Communities
                                                                                                     Duty rates ■
     CCT
   heading                                Description of goods                           autonomous
                                                                                                            conventional
      No                                                                                     •  %
                                                                                                                   %
                                                                                          or levies (P)
       1                                            2                                            3                 4
    23.06  Vegetable products of a kind used for animal food, not elsewhere specified
           or included :                                                              ■
           A. Acorns, horse chestnuts and pomace or marc of fruit:
                f. Grape marc :
                    (a) Having a total alcohol content not exceeding 5-50 1 of pure
                        alcohol per 100 kg and a dry matter content not less than 40%
                        by weight                                                              free             free
                    (b) Other                                   ^                          1-60 ua
                                                                                           per 1 of
                                                                                        total alcohol
               II . Other                                                                      free             free
           B. Other                                                                          .   4                2-4