CELEX: 31975R0678
Language: en
Date: 1975-03-04 00:00:00
Title: Regulation (EEC) No 678/75 of the Council of 4 March 1975 amending Regulation (EEC) No 816/70 as regards the definition of alcohol-muted fresh grape must and amending Chapter 22 of the Common Customs Tariff

20. 3 . 75                                Official Journal of the European Communities                           No L 72/43
                                   REGULATION (EEC) No 678/75 OF THE COUNCIL
                                                         of 4 March 1975
              amending Regulation (EEC) No 816/70 as regards the definition of alcohol-muted fresh
                              grape must and amending Chapter 22 of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            grape must' are inserted after 'concentrated grape
                                                                     must'.
Having regard to the Treaty establishing the
European Economic Community, and in particular                                               Article 2
Article 43 thereof;
                                                                     In Article 25 ( 1 ) of Regulation (EEC) No 816/70
Having regard to the proposal from the Commission ;                  the words 'under items 11 and 21 ' are replaced by
                                                                     'under items 3a, 11 and 21 '.
Having regard to the Opinion of the European
Parliament (*);                                                                              Article 3
Having regard to the Opinion of the Economic                         The following subparagraph is inserted at the
and Social Committee ;                                               beginning of Article 27 (4) of Regulation (EEC)
                                                                     No 816/70 .
Whereas under current Community provisions, there
is no definition of alcohol-muted fresh grape must,                       'Without prejudice to any more restrictive
a product normally used in the preparation of                            provisions which may be applied by Member
products processed from wine or musts, amongst                           States for the preparation in their territory of
those given in Annex II to Council Regulation (EEC)                      products not falling within heading No 22.05 of
No 816/70 (2) of 28 April 1970 laying down                               the Common Customs Tariff, alcohol-muted
additional provisions for the common organization                        fresh grape must may be used only in the
of the market in wine, as last amended by Regulation                      preparation of these products.'
 (EEC) No 3166/74 (3); whereas the absence of a
separate definition for alcohol-muted fresh grape
must might prejudice effective administration of the                                         Article 4
market; whereas it is therefore desirable to establish
such a definition ;                                                  The following subparagraph is inserted after the
                                                                     first subparagraph of Article 28 (2) of Regulation
Whereas      certain      technical     amendments     to   the       (EEC) No 816/70 :
provisions of Regulation (EEC) No 816/70 are
required as a result of the introduction of this new                      'Without prejudice to any more restrictive
definition ; whereas it is necessary in particular, in                   provisions which may be applied by Member
order to prevent distortion of competition in respect                     States for the preparation in their territory of
of liqueur wines, to introduce a provision limiting                       products not falling within heading No 22.05
 the use of alcohol-muted fresh grape must,                               of the Common Customs Tariff, imported
                                                                          alcohol-muted fresh grape must may be used only
                                                                          in the preparation of these products.'
HAS ADOPTED THIS REGULATION :
                                                                                             Article 5
                             Article 1
                                                                     The following item is inserted after item 3 of Annex
                                                                     II to Regulation (EEC) No 816/70 :
In the second indent of Article 1 (4) (b ) of Regulation
 (EEC) No 816/70 the words 'alcohol-muted fresh                          '3a Alcohol-muted fresh grape must means the
                                                                               product which :
                                                                               — is produced in the Community;
 ( 1) OJ No C 40 , 8 . 4. 1974, p. 75 .
 (2) OJ No L 99 , 5. 5: 1970, p. 1 .                                           — has an actual alcoholic strength of not
 (3) OT No L 338 , 17. 12. 1974 , o . 1 .                                          less than 12° but less than 15° : and
 ---pagebreak--- No L 72/44                          Official Journal of the European Communities                                20 . 3 . 75
        — is obtained by the addition to                                ( a) alcohol-muted fresh grape must, that is
           unfermented grape must having a natural                           to say a product:
           alcoholic strength of not less than 8.5°                          — having an actual alcoholic strength of
           and derived exclusively from vine                                     not less than 12° but less than 15° ,
           varieties referred to in Article 16 :
                                                                                 and
           — of neutral alcohol of vinous origin                             — obtained by the addition to
               having an actual alcoholic strength                               unfermented grape must having a
               of not less than 95° , or                                         natural alcoholic strength of not less
                                                                                 than 8.5° of a product derived from
                                                                                 the distillation of wine ;
           — of an unrectified product derived
               from the distillation     of   wine   and
               having an actual alcoholic strength of                   (b ) wine fortified for distillation, that is to
               not less than 52° and not more than                           say a product : ( rest unchanged);
               80° .'
                                                                        ( c) liqueur wine, that is to say a product :
                                                                             (rest unchanged).'
                       Article 6
                                                                                         Article 7
In Annex IV to Regulation (EEC ) No 816/70 the
text of Additional Note No 4 to Chapter 22 of                  This Regulation shall enter into force on the third
the Common Customs Tariff is replaced by the                   day following its publication in the Official Journal
following:                                                     of the European Communities.
    '4. Subheading 22.05 C shall be taken to include :         Article 6 shall not, however, apply until 1 July 1975 .
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 4 March 1975 .
                                                                             For the Council
                                                                               The President
                                                                             M. A. CLINTON