CELEX: 51973PC1999
Language: en
Date: 1973-11-30
Title: Proposal for a RECULATION (EEC) OF THE COUNCIL amending Regulation (EEC) No 816/70 as regards the definition of liqueur wine and of certain grape musts#Proposal for a REGULATION (EEC) OF THE COUNCIL amending Regulation (EEC) No 948/70 defining certain products falling within headings Nos 20.07, 22.04 and 22.05 of the Common Customs Tariff and originating in third countries (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1999
Vol. 1973/0355
 ---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), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
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 European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
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), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OP THE EUROPEAN COMMUNITIES
                                                  COM(73)1999 final
                                                  Brussels . 30 November 1973
                             Proposal for a
                     RECULATION (EEC ) OP THE COUNCIL
         amending Regulation (EEC ) No 816/70 as regards the
         definition of liqueur wine and of certain grape musts
                             Proposal for a
                     REGULATION (EEC ) OF THE COUNCIL
         amending Regulation (EEC ) No 948/70 defining certain
        products falling within headings NOD 20 .07 > 22 . 04 and
         22.05 of the Common Customs Tariff and originating in
        third countries
                ( submitted to the Council "by the Commission )
     CGM(73 ) 1999 final
 ---pagebreak---                                   E'iPLAîTATORY MEMORANDUM
Italy has drawn the attention of the Council and the Commission to the
difficulties encountered in exporting "Marsala" quality liqueur wines to
Germany . The German authorities prohibit the circulation of Marsala and other
similar liqueur wines imported from third countries , if analysis shows that
 concentrated grepe must obtained by the direct heat of a fire was added during
preparation of such liqueur wines , as this method of concentrating the must
causes partial caramelization of the sugar content . The ban imposed by the
German authorities is in accordance with Community provisions , as the definition
of :boncentrated grape musl!' set out in item 4 of Anne:-: -II to Regulation (EEC )
No 8l6/7C1forbic's the use of the direct heat of a fire during the preparation
of that product .
For this reason Marsala cannot be circulated freely unless the definition of
liqueur wire set out in item 11 of Annex II to Regulation ( EEC ) No 816/70
is amended in order to allow the addition of caramelized grape must to certain
quality liqueur " wines produced in specified regions o Consequently it is
necessary to draw up a definition for " caramelized grape must". This solution
is preferable to amending the definition of concentrated grape must .
A sLnilar problem has arisen for certain liqueur wines produced in third
countries for which caramelized grape must is also used . Regulation No 948/70
should be amended in the same fashion , in order to bring its provisions into
line , In other words the definition of " liqueur wine " should be amended and a
definition of " caramelized grape must" should be added .
The absence of a definition of " grape must with fermentation arrested by the
addition of alcohol ", a product used particularly in the manufacture of
wine -Lased beverages , has caused the former has been treated as a liqueur wine for
trade purposes , with the result that certain difficulties have arisen , As
grape must with fermentation arrested by the addition of alcohol and " liqueur
wine" in the strict sense of the term differ considerably as regards their
uses , inherent characteristics and prices , it is desireable to separate those
~3 0J No L 99, 5= ?. 1970, p. 1 .
 ^See Doc S/lOT5/73 , 4.10.1973 ,
 "OJ No L 114 ; 2?o 1970 , p. 6 .
 ---pagebreak---                                      - 2 -
two products by drawing up distinct definitions , The proposed amendment to
the definition of ." liqueur wine" provides an appropriate opportunity to colve   ■
this other problem by inserting a special definition of " grapo must with
fermentation arrested by the addition of alcohol" in Annex II to Regulation
(EEC ) No 816/70 and in Regulation (EEC ) No 943/70 .
It is also necessary to amend the provisions of Regulation (EEC ) No 816/70 ,
and in particular Articles 1 , 25 > 27 and 28 , in. order to make them applicable
where appropriate to caramelized grape must or grape must with fermentation
arrested by the addition of alcohol . The two attached proposals for a Regulation
have no financial implications for the Budget of the Comimmties .
 ---pagebreak---                                       Proposal for a
                              REGULATION (EEC ) OP THE 00C5CIL
                 r,mer.iinj Regulation (EEC ) No 816/70 as regards the
                 definition of liqueur wine and of certain grape musts
TIE COUNCIL OF THE EUROPEAN COMMUNITIES         t
Having regard to the Treaty establishing the European Economic Community, and
in particular Article 43 thereof ;
Having regard to the proposal from the Commission !
Having regard to the Opinion of the European Parliament ;
Whereas " liqueur wine" and "grape must with fermentation arrested by the
addition of alcohol", which is a product normally used in the preparation
of products processed from wine or musts , are covered , at present by the
same definition , namely that set out in Annex II to Council Regulation (EEC )
Fo 8l6/701of 28 April 1970 laying down additional provisions for the common
organization of the market in wine as last amended by Regulation (EEC )
17o 2592/73^5 w^er3as "k *10 absence of a separate definition for "grape must
with fermentation arrested by the addition of alcohol" means that two products
v;hose uses , inherent characteristics and prices are very different , are treated
in similar fashion ; whereas it is therefore desirable that a separate definition
for "grape must with fermentation arrested by the addition of alcohol" be drawn up
Whereas the definition of concentrated grape must set out in item 4 of Annex II
to Regulation (EEC ) No 615/70 does not allow the dehydration of grape must by
the direct heat of a fire ; whereas that practice is traditional in certain
areas of the Community, and in view of the fact that the product obtained
 in this way is marketed and used in the preparation of certain liqueur wines ,
provision should be made to authorise this treatment by introducing a definition
 for " carrmelized grape must ;
* * ""    * """ "                                                      a > o Io « •
 X0J No L 99 , 5.3.1970 , p. 1 .
 ?0J No L 269 , 26.9.1973 , p. 1 .
 ---pagebreak---                                     - 2 -
Whereas the definition of liqueur wine should be amended in order to alloxtf
the addition of caramelized -grape must in the preperation of certain liquovr
wines 5
VIherea3 certain technical amendments to the provision of Regulation (EEC )
No 816/70 are required a3 a result of the introduction of these new definitions
whereas it is necessary in particular , in< order to prevent distortion of
competition in respect of liqueur wines to introduce a provision limiting
the use of grape must with fermentation arrested "by the addition of alcohol ;
HAS ADOPTED THIS REGULATION    :
                                   Article 1
In the second indent of Article 1.(4) \ °) there is inserted, after the
expression " concentrated grape must", the following : " caramelized grape
must , grape must with fermentation arrested by the addition of alcohol".
                    ;            • Article 2
In Article 25 ( l ) of Regulation (EEC ) No 816/70 the phrase "under items 11
and 21" is replaced by "under items 3a, 11 and 21".
                                   Article 3
In Article 27 ( 4) of Regulation (EEC ) No 816/70 the following first sub­
paragraph is inserted before the existing first subparagraph s
"Grape must with fermentation arrested by -the addition of alcohol may be
 used only in the preparation of products falling within heading 22.06 of
 the Common Customs Tariff".
                                   Article 4
In Article 28 ( 2 ) of Regulation _( EEC ) No 816/70 the following subparagraph
is added s
"Grape' must with fermentation arrested by the addition of alcohol may be
 used only in the preparation of products falling vritliin heading 22.06 of
 the Common Customs Tariff",
                                                                  • . 1 / ...
X0J No L 289 , 27.12.1972, p. 1
 ---pagebreak---                                          - 3 -
                                       Article 5
A: ire:: II to Regulation (UEC ) >To 816/70 is amended as follows :
lo The following item is added after item 3 :
     !, 3a° Gra->e must wit h f ermentation arrested "by the addition of alcohol :
        Grape must of an actual alcoholic strength of not less than 12° and
       not more than 21° obtained by the addition to grape must derived ex­
        clusively from the vine varieties referred to in Article 16 and produced
        in the Community
        - of neutral alcohol of vinous origin having an actual alcoholic strength
          of not less than 95°5 or
        - of an unrectified. product derived from the distillation of wine and
          having an actual alcoholic strength of not less than 52° and not more
          than G0° | provided that products falling within the definition of liqueur
          wine shall not be regarded as grape must with fermentation arrested
           by the audition of elcohol' .
2 . The following item is added after item 4 ;
     "/ a , Caramelized grape must :
        Grape must
        - obtained by partial dehydration of grape must through the application
          of the direct heat of a fire at normal atmospheric pressure causing
          partial caramel i sat ion of the sugar contained in that must !, §
        - derived exclusively from vine varieties referred to in Article lSf
        - produced in the Community , and
        - obtained from grape must having a natural alcoholic strength of at
           least 10°".
3 . SiVb-paragjtaph ( iii ) of the second sub-indent of item 11 is replaced by
     the following :
     "( iii ) of concentrated grape must , or , in the case of certain quality
        liqueur wine3 produced in specified regions being wines appearing on
        a list to be drawn up of those wines for which such practice is traditional ,
        of caramelised grape must ."
                                                                           ./•
 ---pagebreak---                                   - 4 -
                                  Article 6
Tliis Regulation shall enter into force on the third dc.y following it3
publication in the Official Jou.riial of the European Communities ,
This Regulation shall be "binding in its entirety and directly applicable
in all Member States .
                                                  For the Council
Done at Brussels ,                                The President
 ---pagebreak---                                     Proposal for a
                            REGULATION (EEC ) OP THE COUNCIL
                amending Regulation (EEC ) No 948/ 70 defining certain products
                falling within headings Nos 20.07i 22,04 and 22.05 of the
                Common Customs Tariff and originating in third countries
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community!
Having regard to Council Regulation (EEC) 17o 8l6ftd^of 28 April 19 / 0 laying
down additional provisions for the common organization of the market in wine ,
as last amended Ly Regulation ( EEC ) No 2592/73 , and in particular Article 1
( 4) ( c) thereof 5
Having regard to the proposal from the Commission !
Uhereas Council P.egulation No 94-2/70 of 26 May 1970 laid down definitions
for certain products falling within heading ITo 20*07 , 22.04 or 22.05 of the
Common Customs Tariff and originating in third countries ! whereas that
Regulation must be amended "by the addition of a definition of " grape must with
fermentation arrested by the addition' !of alcohol", a definition of that
product having been added to Regulation (EEC) No 8l6/70^~by Regulation (EEC)
No ......... !
Uhereas in certain third countries grape musts that have been subjected to
dehydration ."by the direct heat of a fire , which normally causes partial
caramelisation , are used in the preparation of liqueur wines ; whereas it is
                                                                    « ■ «J« « •
   CJ No L 99 , 5-5.1970 , p. 1
   OJ No L 269 , 26.9-1973 , p . 1
3GJ NO L H4/ 27.5.I970 , p . 6
 " 0J No L o • •>•«»*
 ---pagebreak--- therefore necessary to amend the definition of " liqueur wine" set out in
Regulation (EEC ) Ho 948/70 in order to allow the addition of caramelized grai.
must in the preparation of certain liqueur wines 5
Whereas the tariff nomenclature used in Regulation (EEC) Ho 816/70 is taken
from the Common Customs Tariff ?
HAS ADOPTED THE FOLLOWING REGULATION        :
                                        Article 1
Article 2 of Council Regulation (EEC) No 94-3/70 is amended as follows :
1 . The following definitions are inserted after the definition of "grape
     must " :
" Gr-aP e must with fermentation arrested "by the addition of alcohol "
   means grape must of an actual alcoholic strength of not less than 12°
   and not more than 21° obtained by the addition to grape must having a
   potential natural alcoholic strength of 3.5° of a product derived from
   the distillation of winef provided that products falling within the
   definition of " liqueur wine" shall not be regarded as "grape must with
   fermentation arrested "by the additinn of alcohol"}
" Caramel ized grnpe must " meons grape must obtained
   - by partial dehydration of grape must , through such application of the
      direct heat of a , fire at normal atmospheric pressure as to cause partial
      caramelization of the sugar contained in that must ,
   - from grape must having a natural alcoholic strength of at least 10° . "
2 . The definition of " liqueur wine" is replaced by the following :
" Liqueur wine" means a product
   ( a) with a total alcoholic strength of not less than 17-5° and- sxi actual
        alcoholic strength of not less than 15° and not more than 22°$
   ( b) obtained from grape must , new wine still in fermentation, or wine
        - by refrigeration^ or
        - by the addition before , during or after fermentation :
            ( i ) of a product derived from the distillation of winej or
          ( ii ) of concentrated grape mustj or in the case of certain liqueur
                  wines appearing on a list to be drawn up of wines for which
                  such pratice is traditional of caramelized grape mustj or
        ( iii) of a mixture of the products mentioned in ( i ) and ( ii ). "
 ---pagebreak---                                           - 3 -
                                         Article 2
In Annex IV to Regulation ( ESC ) No 816/70 , additional note ITo 4 to Chapter 22
is replaced by the following :
" 4' Subheading 22 « 05 shall "be taken to include :
  ( a) Grape must with fermentation arrested by the addition of alcohol , that
        is to say grape must of an actual alcoholic strength of not less than
        12° and not more than 21° obtained by the addition to grape must having
        a potential natural alcoholic strength of 8.5° of a product derived from
        the distillation of winef provided that prod.ucts falling within the
        defiiiition of " liqueur wine" shall not be regarded as grape must with
        fermentation arrested, by the addition of alcoholj
  ( b) Caramelized grape must , that is to say grape must obtained
        - by partial dehydration of grape must , through such application of
           the direct heat of a fire at normal atmospheric pressure as to cause
           partial caramelization cf the sugar contained in that must ,
        - from grape must having a natural alcoholic strength of at least 10° ;
  ( c ) Wine fortified for distillation, that is to say a product :
        - having an actual alcoholic strength of not less than 18° but not
                            o
           more than 24 ,
        - obtained exclusively by the addition of wine containing no residual
           sugar of an unrectified product derived from the distillation of
           wine having a maximum actual alcoholic strength of 86° , and
        - having a maximum volatile acidity of 2.40 g/l , expressed as acetic acidj
  ( d) Liqueur wine , that is to say a product
        ( a) with 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
        ( b ) obtained from grape must , new wine still in fermentation ,
              or wine
              - by refrigeration ; or
              - by the addition before , during or after fermentation :
                  ( i ) of a product derived from the distillation of winej or
                ( ii ) of concentrated grape must 5 or in the case of certain liqueur
                        wine3 appearing on a list to be drawn up of wines for which
                        such pratice is traditional of caramelized grape must ; or
              ( iii ) of a miirture of the products mentioned in ( i ) and ( ii ).
 ---pagebreak--- This Regulation shall enter into force on the third clay following its
publication in the Official Journal of the European Comnunities ,
This Regulation shall "be .binding in its entirety and directly applicable
in all Member States .
                                             For the Council ,
Done at Brussels ,                           The President