CELEX: 31972R1770
Language: en
Date: 1972-08-03 00:00:00
Title: Regulation (EEC) No 1770/72 of the Commission of 3 August 1972 on detailed rules of application relating to the additional conditions with which imported wines for direct human consumption have to comply

Official Journal of the European Communities                                   937
21.8.72                            Official Journal of the European Communities                           No L 191/31
                           REGULATION (EEC) No 1770/72 OF THE COMMISSION
                                                    of 3 August 1972
               on detailed rules of application relating to the additional conditions with which
                           imported wines for direct human consumption have to comply
 THE    COMMISSION       OF   THE   EUROPEAN       COM­        to each consignment of wine imported for direct
MUNITIES,                                                      human consumption ; whereas, to this end-, it is
                                                               essential that these documents accompany each
Having regard to the Treaty establishing the                   consignment until it is placed under the Community
European Community­                                            control system ;
Having regard to Council Regulation (EEC) No                   Whereas, to take account of trade practices, where a
816/701 of 28 April 1970 laying down additional                consignment is divided up, the competent authorities
provisions for the common organization of the                  should be given the power to have drawn up under
market in wine, as last amended by Regulation (EEC)            their supervision an extract of the certificate and the
No 2504/71,2 and in particular Articles 28 (5 ) and            analysis report to accompany each new consignment
35 thereof;                                                    resulting from the division;
Whereas Council Regulation (EEC) Nol599/713 of 20              Whereas, as regards production conditions, it must be
July 1971 laying down additional conditions with               decided which wine growing zones of the
which imported wines for direct human consumption              Community may be used for comparison with the
have to comply, as amended by Regulation (EEC) No              countries producing the imported wines ;
2830/71 ,4 provides, inter alia, that except for
liqueur wines and sparkling wines, wines imported              Whereas, for the purposes of applying Article 2 (4) of
into the Community may be released for direct                  Regulation (EEC) No 1599/71, dry white wine and
human consumption only if:                                     sweet white wine must be defined;
— a certificate is issued by an agency in the third
                                                               Whereas the measures provided for in this Regulation
    country in which the wine originates, furnishing           are in accordance with the Opinion of the
    proof that the wine complies with the provisions           Management Committee for Wine;
    governing production and release for direct
    human consumption in that country ;
                                                               HAS ADOPTED THIS REGULATION :
— the wine in question is accompanied by an
    analysis report;
                                                                                       Article 1
Whereas, so that control by the competent authorities
of the Member States may be simplified, the form               The certificate attesting that imported wines, except
and, where necessary, the content of the prescribed            for liqueur wines and sparkling wines, intended for
certificate and analysis report and also the conditions        direct human consumption fulfil the conditions laid
for their use must be specified;                               down in Article 2 of Regulation (EEC) No 1599/71,
                                                               and the analysis report which should accompany
                                                               imported wine under the same provision, must meet
Whereas, to prevent fraud, it should be verified that          the requirements laid down in this Regulation.
the certificate and the analysis report do in fact relate
                                                                                      Article 2
1 OJ No L 99, 5.5.1970, p. 1.
2 OJ No L 261, 26.11.1971, p. 1.                               1. (a) For each consignment of wine, the certificate
3 OJ No L 168, 27.7.1971, p. 3.                                        and the analysis report shall be combined in a
4 OJ No L 285, 29.12.1971, p. 66.                                      single document entitled 'document for the
 ---pagebreak---   938                                  Official Journal of the European Communities
           importation of wines for direct human                                           Article 3
           consumption',      hereinafter     called     'the
           document', to be drawn up on a form V.I.I , a          1.     The document and the extract shall be valid
           model of which appears in Annex I;                     only if they are drawn up in accordance with this
                                                                 Regulation.
     (b) when, before being put into free circulation, a
           consignment of wine which is the subject of a
           document is redispatched after being divided          2.      The signature of the person or persons
           up, an extract of that document shall be              empowered to sign the document provided for in
           drawn up for each new consignment resulting           Article 2 ( 1 ) (a) may not be obtained by tracing or
           from the division. Such extract, entitled              carbon copying. Specimen signatures of persons
           'extract from a document for the importation           empowered to sign the document and an example of
                                                                  the official seals to be used when it is issued shall
           of wines for direct human consumption'
           hereinafter called 'the extract', shall be drawn       first be sent to the Commission, which shall forward
                                                                  them to the Member States .
           up by the party concerned on a form V.I.2, a
           model of which appears in Annex II ;
                                                                                           Article 4
       (c) when the consignment is redispatched
           complete before being put into free circulation '
           the extract shall be drawn up only if the party        1 . The agencies and laboratories referred to in
           concerned so requests ;                                Article 2 (1 to 5 ) of Regulation (EEC) No 1599/71
                                                                  shall appear on the lists to be drawn up only if:
      (d) the provisions of subparagraphs (b) and,                (a) they are approved and appointed by the
           where appropriate, (c) shall also apply when a              competent authorities of the exporting third
           consignment of wine which is the subject of                 country ;
            an extract is redispatched whether complete
           or divided up.                                         (b) they undertake to provide the Commission and
                                                                       the Member States on request with all facts
  2.     Forms V.I.I and V.I.2 shall consist of a typed                relevant to the assessment of the information
  or hand-written original and a copy obtained                         given on the document.                 /
  simultaneously in that order.
                                                                  2.     The lists shall be kept up to date, in particular
. 3.     The size of the forms shall be approximately             to take account of amendments resulting from
  210 X 300 mm.                                                   changes of address and/or of names of agencies or
                                                                  laboratories .
  The paper used shall weigh not less than 40 g/m2 and
  shall be :                                                      They shall be revised:
                                                                  ( a) if the conditions laid down in paragraph 1 (a) are
  — red for the original document;                                     no longer fulfilled or if an agency or laboratory
                                                                       does not fulfil one of the obligations incumbent
  — white for the copy of the document;                                upon it;
  — blue for the original extract;                                (b) if it proves necessary to add or withdraw the
                                                                       name of an official agency or laboratory.
  — yellow for the copy of the extract.
  4.     The    document     and   the  extract    shall   be                              Article 5
  completed either in type or by hand; in the latter case
  they must be printed legibly in ink. The document               For the purposes of this Regulation, 'consignment'
  shall be drawn up in one of the official Community              means the quantity of wine dispatched by one
  languages. It may, in addition, be drawn up in the              consignor to one consignee and for which a single
  official language, or one of the official languages of          document has been issued or a single extract has been
  the exporting country. The extract shall be drawn up            countersigned.
  in one of the official Community languages specified
  by the competent authorities of the Member States in                                     Article 6
  which it is countersigned.
                                                                  1.     The document or extract shall, when the
  5.     The document and the extract shall bear a serial         customs      formalities   required  for   putting   the
  number allocated by the official agency issuing the             consignment to which it relates into free circulation
  certificate, in the case of the document, and by the            are completed, be handed over to the competent
  countersigning customs office, in the case of the               authorities of the Member State in which such
  extract.                                                        formalities are completed.
 ---pagebreak---                                    Official Journal of the European Communities                                       939
 These authorities shall, where necessary, endorse the          of Regulation (EEC) No 1599/71 is given in Annex
 document or the extract accordingly. They shall                III to this Regulation.
 return the original to the party concerned and keep
 the copy for at least two years.                                                         Article 8
 2. When a consignment of wine is redispatched                  For the purposes of Article 2 (4) of Regulation (EEC)
 complete before put into free circulation, the new             No 1599/71 and pending the adoption of provisions
 consignor shall give the customs authorities                   for Community wines :
 controlling the consignment the document or the
 extract relating to that consignment and also, where           (a) 'dry white wine' means white wine containing,
 appropriate, a form V.I.2 of which he has completed                  per litre, less than 5 g of residual sugars,
 part A.                                                              expressed as invert sugar;
 After verifying that the information given on the              (b) 'sweet white wine' means wine containing, per
 document or the previous extract corresponds to that                 litre, 5 g or more of residual sugars, expressed as
given on form V.I.2, the authorities shall countersign                invert sugar.
that form, which shall then be equivalent to an
 extract, and endorse the document or previous                                           Article 9
extract accordingly. They shall return the extract and
 the original of the document or of the previous               The provisions of this Regulation shall not:
 extract to the new consignor and keep the copy of
the document or of the previous extract for at least           — apply to quantities of wine of fifteen litres or less
two years.
                                                                     contained in travellers' baggage or sent in small
                                                                     consignments to private individuals when such
However, a form V.I.2 need not be completed when a                   quantities are obviously intended for the personal
 consignment of wine is exported to a third country.                 or family consumption of those persons,
 3 . When a consignment of wine is divided up                  — prevent the operation of the system applicable to
before being put into free circulation, the party                   persons living in frontier zones.
concerned shall hand over to the customs authorities
 supervising the consignment to be divided up the                                        Article 10
document or the extract relating to that consignment
and, for each new consignment, a fprm V.I.2 of                  1 . The information and the characteristics given in
which he has completed part A.                                 the certificate, and in the analysis report shall be
                                                               assessed according to the methods of analysis laid
After verifying that the information given on the            , down by Commission Regulation (EEC) No 1539/711
document or on the extract corresponds to that given           of 19 July 1971 determining Community methods
on the form V.I.2 for each new consignment, the                of analysis of wine.
authorities shall countersign that form, which shall
then be equivalent to an extract, and endorse                  2. In cases where that Regulation does not lay
accordingly the document or the extract on which the           down any method of analysis, the methods officially
new extract was based.                                         used in each of the Member States shall continue to
They shall return the extract and the original                 apply.
document or extract to the party concerned and keep
the copy of the document or of the original extract                                     Article 11
for at least two years.
                                                               This Regulation shall enter into force on the third
                        Article 7
                                                               day following its publication in the Official Journal
                                                               of the European Communities.
For each third country exporting to the Community,
the wine growing zone referred to in Article 2 (2) (b)         It shall apply from 1 November 1972.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 3 August 1972.
                                                                                     For the Commission
                                                                                        The President
                                                                                      S. L. MANSHOLT
                                                               1 OJ No L 163, 21.7.1971, p. 41 .
 ---pagebreak---  ---pagebreak---                                                                                ANNEX I
                        Country of origin                                                                                              No A 000000
   V. 1 . 1                         DOCUMENT FOR THE IMPORTATION OF WINES                                                                    ORIGINAL
                                                                                                                                            Copy for the
                                            FOR DIRECT HUMAN CONSUMPTION                                                                party concerned
                                                                           A. CERTIF CATE
    I , the undersigned 1
    guarantee that the consignment of wine described below :
        Number, nature, marks and                     Description and colour                 Number of bottles                                 Volume 2
  reference No of the consignment                            of the wine
    consigned by3
    to 4
    complies with the provisions governing production and release of wines intended for direct human consumption in 5
                              and that this wine :
    ( a ) has not been subjected to oenological processes which are not admitted under Community provisions relating to the production
          and release for direct human consumption of comparable Community wines,
    ( b ) has been produced according to oenological processes in force in the Community for the wine growing zone :
          or the wine growing zones :                                                                and                                   in the case of coupage
                                                                       Done at                                               on
    Name and address of the official agency
                                                                                                          ( Signature and stamp )
                                                                        B. ANALYSIS REPORT
    I , the undersigned 6
    certify that the consignment of wine described in the above certificate shows the following analytical characteristics :
    ( a ) density :                                                                  (f) volatile acidity :
    ( b ) total alcohol strength :                                                   ( g ) citric acidity :
    ( c ) acquired alcohol strength :                                                ( h ) total sulphur dioxide :
    ( d ) total dry extract:                                                         (i)   presence of hybrids7 : .
    ( e ) total acidity:
                                                                       Done at                                                on
    Name and address of laboratory
                                                                                                          ( Signature and stamp )
1 Name and title of the person in charge of the official agency.                     5 Name of the country of origin of the wine.
2 In hi or litres and in figures.                                                    6 Name and title of the person in charge of the laboratory.
3 Full name and address of consignor.                                                7 Answer 'yes or 'no'.
4 Full name and address of consignee .
 ---pagebreak---                                                ( Space reserved for the Community customs authorities)
                                                                   ATTRIBUTIONS
                1                                2                            3                            4                     5
              Volume
                                                                    Reference number and      Full name and address of
                                     Reference number and           date of accompanying    the consignee named on the  Endorsement of the
  A. Available                        date of the extracts               documents 1               extract or on the   responsible authority
                                                                    or customs documents      accompanying document
  B. Attributed
  A.
  B.
  A.
  B.
  A.
  B.
  A.
  B.
  A.
  B.
  A­
  B.
1 Where required by Community rules.
 ---pagebreak---                         Country of origin                                                                                               No A 000000
  V. .1                             DOCUMENT FOR THE IMPORTATION OF WINES                                                                        COPY
                                                                                                                                            Copy for the
                                            FOR DIRECT HUMAN CONSUMPTION                                                                competent agency
                                                                           A. CERTIFICATE
    I , the undersigned 1
    guarantee that the consignment of wine described below :
        Number, nature, marks and                     Description and colour                  Number of bottles                                Volume 2
  reference No of the consignment                            of the wine
    consigned by3
    to 4
    complies with the provisions governing production and release of wines intended for direct human consumption in 5
                              and that this wine :
    ( a ) has not been subjected to oenological processes which are not admitted under Community provisions relating to the production
           and release for direct human consumption of comparable Community wines,
    ( b ) has been produced according to oenological processes in force in the Community for the wine growing zone :
           or the wine growing zones :                                                                and                                  in the case of coupage
                                                                       Done at                                                on
    Name and address of the official agency
                                                                                                          ( Signature and stamp )
                                                                        B. ANALYSIS REPORT
    I , the undersigned 6
    certify that the consignment of wine described in the above certificate shows the following analytical characteristics :
     ( a ) density :                                                                  (f) volatile acidity :
    ( b ) total alcohol strength :                                                    ( g ) citric acidity :
     ( c ) acquired alcohol strength :                                                ( h ) total sulphur dioxide :
     ( d ) total dry extract :                                                        ( i ) presence of hybrids7 :.
     ( e ) total acidity:
                                                                        Done at                                                   on
     Name and address of laboratory
                                                                                                          ( Signature and stamp )
1 Name and title of the person in charge of the official agency.                      5 Name of the country of origin of the wine .
2 In hi or litres and in figures.                                                     6 Name and title of the person in charge of the laboratory.
3 Full name and address of consignor.                                                 7 Answer 'yes' or ' no .
4 Full name and address of consignee .
 ---pagebreak---                                               ( Space reserved for the Community customs authorities)
                                                                   ATTRIBUTIONS
                1                               2                             3                           4                     5
              Volume
                                                                    Reference number and     Full name and address of
                                     Reference number and          date of accompanying    the consignee named on the  Endorsement of the
  A. Available                        date of the extracts               documents 1              extract or on the   responsible authority
                                                                   or customs documents      accompanying document
  B. Attributed
  A.
                                                                       I
  B.
  A.
  B.
  A.
  B.
  A.
                                                                 /
  B.
  A.
                                                                                      -
  B.
  A.
  B.                                                                                            »
1 Where required by Community rules.
 ---pagebreak---                                                                      ANNEX II
                                                        EXTRACT FROM                                                            No A 000000
   V.I. 2                          A DOCUMENT FOR THE IMPORTATION OF WINES                                                            ORIGINAL
                                                                                                                                     Copy for the
                                         FOR DIRECT HUMAN CONSUMPTION
                                                                                                                                  party concerned
                                                           A. CONSIGNORS DECLARATION
     I , the undersigned 1
     declare that the consignment of wine described below :
         Number, nature, mark and             Description and colour     Number of bottles              Country of origin                     Volume ^
  reference No of the consignments                  of the wine
     consigned to 3                                                               ;
     has the subject4
     of document V.I.I No                                                 issued by 5
                                                                          on
     of extract V.I.2 No                                                  countersigned by the customs office of 6
                                                                          on
     and
     A. of a CERTIFICATE guaranteeing that this wine :
          — complies with the provisions governing production and release of wines intended for direct human consumption in 5
          — has not been subjected to oenological processes which are not admitted under Community provisions relating to the production
               and release for direct human consumption of comparable Community wines
          — has been produced according to oenological processes in force in the Community for the wine growing zone
               or the wine growing zones                                                    and                                    in the case of coupage
     B. of an ANALYSIS REPORT certifying that this wine shows the following analytical characteristics :
     ( a ) density :                                                         (f) volatile acidity :
     ( b ) total alcohol strength :                                          ( g ) citric acidity :
     ( c ) acquired alcohol strength :                                       ( h ) total sulphur dioxide :
     (d) total dry extract :                                                 (i)    presence of hybrids7 :
     (e ) total acidity:
     Done at                                      on
                                                                                                                        ( Signature of consignor)
                                                           B. CUSTOMS ENDORSEMENT
     Declaration certified true ,
     at                                        on
     Name and address of customs office
                                                                                                ( Signature and stamp )
1  Full name and address of consignor.                                       5 Name of country which issued document V.1.1 .
2  In hi or litres and in figures.                                           6 Name of the customs office which endorsed extract V.I.2.
3  Full name and address of consignee .                                      7 Answer 'yes or no .
4  Delete where inappropriate.
 ---pagebreak---                                                                                             ?
                                              ( Space reserved for the Community customs authorities)
                                                                   ATTRIBUTIONS
                 1                              2                             3                            4                     5
              Volume
                                                                   Reference number and       Full name and address of
                                     Reference number and           date of accompanying   the consignee named on the   Endorsement of the
  A. Available                        date of the extracts               documents 1               extract or on the   responsible authority
                                                                   or customs documents       accompanying document
  B. Attributed
  A.
  B.
  A.
  B.
  A.
                                                                       ■
  B.
  A.
  B.
  A.
  B.
  A.
  B.
1 Where required by Community rules.
 ---pagebreak---                                                        EXTRACT FROM                                                                 No A 000000
   V.I. 2                         A DOCUMENT FOR THE IMPORTATION OF WINES                                                                     COPY
                                                                                                                                        Copy for the
                                        FOR DIRECT HUMAN CONSUMPTION
                                                                                                                                    competent agency
                                                          A. CONSIGNORS DECLARATION
     I , the undersigned 1
     declare that the consignment of wine described below :
         Number, nature, mark and             Description and colour                                                                            Volume 2
                                                                             Number of bottles              Country of origin
  reference No of the consignments                 of the wine
     consigned to 3
     has the subject4
     of document V. 1.1 No                                                    issued by5
                                                                              on
     of extract V.I. 2 No                                              ....,  countersigned by the customs office of 6
                                                                       .....  on
    and
    A. of a CERTIFICATE guaranteeing that this wine :
          — complies with the provisions governing production, and release of wines intended for direct human consumption in 5
          — has not been subjected to oenological processes which are not admitted under Community provisions relating to the production
              and release for direct human consumption of comparable Community wines
          — has been produced according to oenological processes in force in the Community for the wine growing zone
              or the wine growing zones                                                        and                                    in the case of coupage
     B. of an ANALYSIS REPORT certifying that this wine shows the following analytical characteristics :
     ( a ) density :                                                             (f) volatile acidity :
     ( b ) total alcohol strength :                                             ( g ) citric acidity :
     ( c ) acquired alcohol strength :                                          ( h ) total sulphur dioxide :
     ( d ) total dry extract :                                                  (i)   presence of hybrids 7 :
     ( e ) total acidity:
     Done at                                    , on
                                                                                                                   ( Signature of consignor )
                                                           B. CUSTOMS ENDORSEMENT
     Declaration certified true ,
    at                                        on
    Name and address of customs office
                                                                                                   ( Signature and stamp )
1 Full name and address of consignor.                                           5 Name of country which issued document v.1.1 .
2 In hi or litres and in figures.                                               6 Name of the customs office which endorsed extract V.I. 2 .
3 Full name and address of consignee.                                           7 Answer yes or no .
4 Delete where inappropriate.
 ---pagebreak---                                               ( Space reserved for the Community customs authorities)
                                                                   ATTRIBUTIONS
                 1                              2                            3                            4                     5
              Volume
                                                                   Reference number and      Full name and address of
                                     Reference number and        . date of accompanying    the consignee named on the  Endorsement of the
  A. Available                        date of the extracts              documents 1               extract or on the   responsible authority
                                                                   or customs documents      accompanying document
  B. Attributed
  A.
  B.
  A.
  B.
  A.
  B.
  A.
  B.
  A.
  B.
  A.
  B.
1 Where required by Community rules.
 ---pagebreak---                         Official Journal of the European Communities                       949
                                            ANNEX III
Distribution of the production zones of third countries comparable to those of the
             Community specified in Annex III to Regulation (EEC) No 816/70
Zone A :
Zone B :     Austria , German speaking Switzerland
Zone C I :   French and Italian speaking Switzerland
Zone C II : Portugal (Vinhos verdes region), Romania , Yugoslavia (Republics of Slovenia ,
             Croatia , Bosnia-Herzegovinia , Serbia)
Zone C III : All other production regions in third countries.