CELEX: 51981PC0247
Language: en
Date: 1981-05-20
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 337/79 on the common organization of the market in wine and Regulation (EEC) No 950/68 on the Common Customs Tariff#Proposal for a REGULATION (EEC) amending Regulation (EEC) No 338/79 laying down special provisions relating to quality wines produced in specified regions#Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 339/79 defining certain products falling within heading 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 (81) 247
Vol. 1981/0087
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(81)247 final
                                                      Brussels , 20 May 1981
                                Proposal for a
                         COUNCIL REGULATION ( EEC )
 amending Regulation ( EEC ) No 337 / 79 on the common organization of
 the market in in wine
                  wine and Regulation ( EEC ) No 950 / 68 on the Common
                       .  \     Customs Tariff
           * ->
  /i^ v . . *,*      v
  Ι      \* - ν               /
                  ν'        ?/
                                Proposal for a
                                   REGULATION ( EEC )
 amending Regulation ( EEC ) No 338 / 79 laying down special provisions
       relating to quality wines produced in specified regions
                                Proposal for a
                         COUNCIL REGULATION ( EEC )
 amending Regulation ( EEC ) No 339 / 79 defining certain products falling
 within heading 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 )
 C0M(81 ) 247 final
 ---pagebreak---                          EXPLANATORY MEMORANDUM
 This document contains three proposals for Regulations amending :
 - Council Regulation ( EEC ) No 337/79 of 5 February 1979 on the common
     organisation of the market in wine ,          7
 - Council Regulation ( EEC ) No 338/79 of 5 February 1979 laying down
     special provisions relating to quality wines produced in specified
     regions , and
 - Council Regulation ( EEC ) No 339/79 of 5 February 1979 defining
     certain products falling within heading Nos 20.07 , 22.04 and 22.05
     of the Common Customs Tariff and originating in third countries .
            *
 In 1980 extensive changes were made to Regulation ( EEC ) No 337/79 , the
 basic regulation in the wine sector , particularly as regards control
 of the development of wine-growing potential . On that occasion it was
 not possible to introduce certain amendments which experience has
 shown to be necessary .  "           s.
 This proposal , which does not make any fundamental changes in the
 basic regulation , is intended to adjust some of its provisions in
 particular as regards :
 - extension of the derogation permitting the distillation of wines
    with an alcoholic strength of less than , 9.5% vol . to wines which
                                               I
    are subject to the observance of a minimum price ,
- . the deadline for concluding long-term storage contracts for grape
    musts and concentrated grape musts , and the duration of such
    contracts ,
- the raw materials used in making "British ", " Irish " and "home-made "
    wines ^
- the obligations on producers as regards entries in the registers
    and the notification of enrichment , acidification and
    deacidification ,
- extension of the possibility of collaboration between the control
    authorities of Member States to the authorities of non-member
    countries which are interested in such collaboration ,
- certain oenological practices ,, to take account of- technical
    progress ,
 ---pagebreak---                                        - 2 -
     -  the way of expressing the concentration of musts so as to simplify
        analytical checks ( refractometer ) ,
     - the definition of grape juice to take account of the Directive on
        the approximation of the laws of the Member States concerning
        fruit, juices and certain similar products ,
     - more precise definitions of sparkling wine , aerated sparkling
        wine , semi-sparkling wine and aerated semi-sparkling wine to
        enable control of those products to be reinforced .
II . Under Regulation ( EEC ) No 338 / 79 the processing of grapes into
     quality wines produced in specified regions and the preparation of
     quality sparkling wines producted in specified regions are permitted
     only within the specified region whose name the wines bear . By way
     of derogation , such operations may be authorised outside that
     region . Experience has shown the need to demarcate precisely both
     the specified regions and the areas in which the abovementioned
     operations are permitted . This will align Community rules on those
     applied in most wine-growing countries and facilitate the task of the
     anti-fraud services .
     It is also advisable to postpone by one year the end of the
     transitional period which expires on 31 August as regards :
     -  the preparation of quality sparkling wines produced in specified
        regions in Italy for which the compulsory length of the
        preparation process may be fixed at between six and nine months
        instead of not more than nine months ;
     -  the use of the names of certain specified regions to designate
        both table wines and quality wines produced in those specified
        regions .
 ---pagebreak---                                       - 3 -
III . Since Regulation ( EEC ) No 337/79 has altered the definitions of
      certain Community wine products , it is necessary to adjust the
      definitions of the corresponding products originating in non-member
      countries contained in Regulation ( EEC ) No 339/79 .
      This proposal therefore provides for :             ^
      -  indication of the concentration of grape musts by refractometer .
      -  the insertion of a definition of rectified concentrated grape
         must , and                         -  _
      - more precise definitions of sparkling wine , aerated sparkling
         wine , semi-sparkling wine and aerated semi-sparkling wine . .
      Adoption of these three proposals for Regulations will not have any
      financial consequences for the Community Budget .
 ---pagebreak---                                    PROPOSAL FOR
                           COUNCIL REGULATION ( EEC )
amending Regulation ( EEC ) No 337/79 on the common organisation of the
market in wine and Regulation ( EEC ) No 950/ 68 on the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article A3 thereof ,
Having regard to the proposal • from the Commission ,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas experience gained in applying Council Regulation ( EEC )
No 337 / 79 ( 1 ), as Last amended by Regulation ( EEC )
No 3456 /80 ( 2 ), shows the need to adjust certain provisions so as to
improve the management of the market in table wine and to take account of
technical problems , particularly as regards oenological practices ;
Whereas under Article 15a of Regulation ( EEC ) No 337/ 79 the marketing of
table wines may be prohibited even if their actual alcoholic strength is
not more than 9.5% vol .; whereas any decision to subject wines to such a
prohibition must be accompanied by a decision to allow them to be
distilled as provided for in Article 15a ;
(*)
(*)
(*)
( 1 ) OJ No L 54 , 5 . 3.1979 , p. 1
( 2 ) OJ No L 360 , 31.12.1980 , p. 18
 ---pagebreak---                                       - 2 -                                   S
  Whereas , in order to perform enrichment , producers must haye at their
  disposal during the wine-making period musts which have been the
  subject of long-term storage contracts ; whereas the present provisions of
  Article 8 of Regulation (EEC ) No 337/79 make this impossible in certain
  cases ; whereas those provisions should therefore be amended as regards
  the duration of contracts and the deadline for their conclusion ;
  Whereas , to enable musts to be marketed as far as possible in accordance
 with market requirements , it is necessary to allow grape, musts which are .
  the subject of storage contracts to be processed into concentrated grape
 musts even during the period of validity of such contracts ; "
 Whereas the products falling within heading No 22.07 of the Common
 Customs Tariff referred to in the second indent of the first subparagraph
 of Article 14a(l ) of Regulation ( EEC) No 337/79 are at present obtained
 exclusively from concentrated grape must ; whereas it therefore appears
 unnecessary to include grape musts and grapes in the system of aid        •
 provided for in respect of the manufacture of those products or of the
 products referred to in the third indent of the same subparagraph ;
 Whereas it is necessary to amend Article 24(1 ) of Regulation (EEC )
 No 337/79 to bring it into line , with similar provisions contained in certain
Regulations on the common organisation of other sectors ;
Whereas experience has shown the advisability of limiting producers'
obligations to the notification of actual new planting , replanting and        ,
grubbing ;
Whereas , to make it easier to check whether Community provisions
regarding oenological practices are being complied with , the obligations
of producers in respect of notification and entries in the registers
referred to in Article 36 of Regulation ( EEC ) No 337 / 79 should be specified
in greater detai L ;
 ---pagebreak---                                        - 3 -
Whereas exemption from the obligation laid down in Article AO or the said
Regulation should be granted to producers who are already subject to an
obligation to distil all of the wine in question and producers who , in
order to comply , would have to deliver very small quantities of alcohol ;
Whereas , so as to reinforce the system of prevention and detection of
infringements in the wine sector , it appears appropriate to extend the
possibility of maintaining direct relations , which at present applies to
the competent authorities of Member States , to the authorities of
non-member countries which have concluded an agreement or arrangement
with the Community in respect of such collaboration ;
Whereas , for the purposes of harmonisation , certain concentrated products
falling within the scope of Regulation ( EEC ) No 337/79 must be subjected ,
for determining the degree of concentration , to the ref ractometri c method
laid down for processed fruit and vegetables and contained in Annex III
to Council Regulation ( EEC ) No 516/ 77 of 14 March 1977 on the common
organisation of the market in products processed from fruit and
vegetables ( 3 ), as last amended by Regulation ( EEC ) No         / 81 ( A );
whereas it is therefore necessary to amend the Common Customs Tariff
annexed to Council Regulation ( EEC ) No 950 / 68 ( 5 ), as last amended by
Regulation ( EEC ) No 300Q / 80 ( 6 );
Whereas , to take account of Council Directive 75/ 726/EEC of 17 November
1975 on the approximation of the laws of the Member States concerning
fruit juices and certain similar productsV^it should be specified , in
point 6 of Annex II to Regulati-on ( EEC ) No 337 / 79 , that grape juices may
be obtained from concentrated grape must , thus bringing that Regulation into
line with the said Directive ;
Whereas , to reduce the possibility of fraud , the definitions of sparkling
wine , aerated sparkling wine , semi-sparkling wine and aerated
semi-sparkling wine should be made more precise , by specifying not only
the excess pressure but also the minimum carbon dioxide content ,
( 3 ) OJ No L 73 , 21 . 3.1977 , p. 1
( 4 ) 0J No L
( 5 ) 0J No L 172 , 27 . 7.1968 , p. 1
( 6 ) 0J No L 315 , 29.11.1980 , p. 1
( 7 ) OJ No L 311 , 1.12.1975 , p. 40
 ---pagebreak---                                            - 4 -
                                                                              i
 HAS ADOPTED THIS REGULATION :
                                         Article 1
The Articles of Regulation ( EEC ) No 337 / 79 are hereby amended as follows :
1 . Article 6(2 ) is amended to read as follows :
    " 2 . With the exception of table wines of types R III , A II and A III ,
           table wines with an actual alcoholic strength by volume equal to or
          below 9.5% shall be excluded from all intervention measures
          provided for in this Title other than those provided for in
          Articles 11 , 13 and 15a ."
2 . Article 8 is amended to read as follows:'
                                       " Article 8 "
     1 . A system of aid is hereby instituted for the private storage of
          grape must , concentrated grape must and rectified concentrated
          grape must .        ,
          Private storage aid shall be granted subject to the conclusion with
          the intervention agencies , on terms and conditions to be
          determined , of one of the following types of storage contract :.
          - contracts valid for a period of three months , hereinafter called
             'short-term contracts' ,
          - contracts valid for a period of eight months , hereinafter called '
             1 long-term contracts ' .
          It may be decided that long-term contracts concluded in respect of
          grape musts are to remain valid where the musts are processed into
          concentrated grape musts or rectified concentrated grape musts .
     2 . If the market situation so requires , and in particular :
          where preventive distillation is decided on. pursuant to
             Article 11 , the conclusion of short-term contracts may be
             permitted between 1 September and 15 December following .
 ---pagebreak--- - w u ere a decision is taken to allow long-term private storage
   contracts for table wines to be concluded , the conclusion of
   long-term contracts may be permitted between 16 December and
   31 January following ; grape musts and concentrated grape musts
   intended for the production of grape juice may be excluded .
 The decision referred to in the third subparagraph of paragraph 1,
       the decision to allow the conclusion of storage contracts in
 accordance with paragraph 2 , and detailed rules for the application
 of this Article , shall be adopted in accordance with the procedure
 laid down in Article 67 ."
 The second indent of Article 11(1 ) and the second subparagraph of
 Article 11(2 ) are deleted .
 Article 14a(1 ) and ( 2 ) are amended to read as follows :
 A system of aid is hereby set up for the use of :
 - grape musts and concentrated grape musts produced within the
   Community , for the purpose of manufacturing grape juice ,
 - concentrated grape musts produced in wine-growing zones C 111(a )
   and C 111(b ), for the purpose of manufacturing in the United
   Kingdom and in Ireland products falling within heading No 22.07
   of the Common Customs Tariff in respect of which , by virtue of
   the first subparagraph of Article 54(1 ), the use of a composite
   name including the word " wine " may be allowed by those Member
   States ,
 - concentrated grape musts produced within the Community , as the
   main element in a set of products marketed in the United Kingdom
   and Ireland with clear instructions for the consumer to obtain
   from it a beverage in imitation of wine ( home-made wine ).
 ---pagebreak---                                          - 6 -
         However , where it appears that the restri ction on the granting of aid
         provided for in the second indent of the first subparagraph gives rise to the
         distortion of competition the Council , acting by a qualified
         majority on a proposal from the Commission , shall decide to extend
         the granting of the aid to concentrated grape musts produced in other
         regions of the Community .
     2 . The system of aid provided for in the first indent of paragraph 1
         may also be applied to the use of grapes of Community origin ."
5 . Article 24(1 ) is amended 'to 'read as follows :
   " 1 . The general rules for the interpretation 'of the Common Customs
         Tariff and the special rules for its application- shall apply to the
         tariff classification of products covered by this Regulation ; the
         tariff nomenclature resulting from the application of this
         Regulation shall be incorporated in the Common Customs Tariff ."
6 . Article 30b(2 ) is amended to read as follows :
   " 2 . By a date to be determined by the Member States for each
         winegrowing year , any natural or legal person or group of persons
         having grubbed , replanted or newly planted vines during the
         wine-growing year shall so inform in writing the competent body of
         the Member State on whose territory the operation was carried out ."
7 . The second subparagraph of Article 36(1 ) is amended to read as follow ,s :
        "Each of the processes referred to in the first subparagraph must be
         entered in the registers , referred to in Article 53(2 ),
         The quantities of any substance authorised by this Regulation for
         carrying out one of the processes referred to in Articles 33 and
         34 , held in the exercise of their profession by natural or legal
         persons or groups of persons , at the same time and in the same
         place as fresh grapes , grape must ,
 ---pagebreak---     partially fermented grape must , new wine still in fermentation or
    wine in bulk , must be entered in a goods inwards and stock
    utilisation register .
    Any producer who has carried out one of the processes referred to
    in Articles 33 and 34 during a wine-growing year shall notify the
    competent body of the Member State on whose territory the process
    was performed , by a date to be determined by each Member State , of
    the volumes of products involved and the quantities of substances
    used .
    By 1 September each year , Member States shall notify the Commission
    of the volumes of products subjected to the processes referred to
    in Articles 33 and 34 and the quantities of substances used in
    those processes ."
Article 40(1 ), ( 2 ) and ( 3 ) are amended to read as follows :
1 . The quantities of alcohol specified in Article 39(3 ) may be
    increased .
    The additional rate to be fixed shall be not higher than :
    - 2% for producers whose vineyards are situated in the Italian or
      Greek parts of wine-grQwing zones C ,
    - 6% for producers other than those referred to in the preceding
      indent .
    It shall be fixed before 16 December each year on the basis of data
    contained in the forward estimate . The rate actually applied must ,
    however , be such as to ensure that each region of the Community
    bears a fair share of the obligations and that the obligatory
    distillation of wines obtained from table grapes provided for in
    Article 41 is taken into account .
    A decision may be taken to adjust the additional rate on the basis
    of one or more of the following criteria , according to area :
 ---pagebreak---                                            - 8 -
            -  the  yisld per hectare ,
            -  the  vine varieties ,
            -  the  colour or the type of the wine ,
            - the   alcoholic strength by volume .               " ■
       2 . The increase referred' to in paragraph 1 shall apply to all wine .
            producers except those ;
           - who produce quality wines p.s.r .; the exception shall relate to
              the part of - their production to which this designation applies ,
           - who are exempt under Article 39(2 ) and ( 5 ) and the second
              subparagraph of ( 6 ),
           - who produce wines made from table grapes ; the exception shall
              relate to the quantities to be distilled pursuant to Article 41 ,
           - for whom the quantity of . pure alcohol resulting from the said
              increase is less than 10 litres .
      3 . The buying-in price for wine delivered for distillation under
           paragraph 1 shall be :
           - 70% of the guide price for table wine of type A I which enters
              into force in the year of the harvest concerned , for the
              products referred to in' the first indent of paragraph 2 ,
           - 50% of the guide price referred to in the preceding indent , for
              the producers referred to in the second indent of paragraph 2 .
           The price paid by the distiller may not be lower than the
           buying-in price ."
 9 . The second subparagraph of Article 41(2 ) is deleted .
10 . The first subparagraph of Article 46(1 ) is amended to read as. follows :
    " 1 . Only those oenological practices and processes referred to in this
         . Regulation , in particular in Annex III , or in other Community
           rules applicable to the wine sector shall be authorised, for the
           products defined in points 1 to 5a , 8 to 11 and 13 of Annex: II and
           for - concentrated grape musts , rectified concentrated grape musts
           and sparkling wines defined pursuant to .Article i(4){c )."
 ---pagebreak---                                          - 9 -
11 . In Article 46(3 ), the first and third subparagraphs are deleted .
12 . The fourth subparagraph of Article 64(1 ) is amended to read as
      follows :
    " In so far as the provisions of Council Regulation ( EEC ) No 283/ 72 of
      7 February 1972 concerning irregularities and the recovery of sums
      wrongly paid in connection with the financing of the common
      agricultural policy and the organisation of an information system in
      this field ( 1 ) are not applicable , Member States shall put the
      authorities they designate in a position to enter into direct contact
      with the appropriate authorities of the other Member States or of
      non-member countries which have concluded an agreement or arrangement
      with the Community in respect of such collaboration , in order that ,
      through an exchange of information , any infringement of the
      provisions referred to in the first subparagraph may be more easily
      prevented and detected .
      (1 ) OJ No 36 , 10.2.1972 , p.' 1 "
13 . Article 64(3 ) is amended to read as follows :
    " 3 . Detailed rules for the application of this Article shall be
          adopted in accordance with the procedure laid down in Article 67 ."
                                       Article 2
Annex II to Regulation ( EEC ) No 337/ 79 is hereby amended as follows :
1.    Point 5 is amended to read as follows :
    " 5 . Concentrated grape must : uncaramelized grape must which is :
          - obtained by partial dehvdration of grape must carried out by any
            authorised method other than by direct heat in such a way that
            the figure indicated by a refractometer ( used in accordance with
            the method prescribed in Annex III to Regulation ( EEC ) No 516/ 77 )
            at a temperature of 20°C is not less than 51.9% , '
          - derived exclusively from vine varieties referred to in Article 49 ,
          - produced within the Community , and
 ---pagebreak---                                      - 10 -
       - obtained from grape must having at . least the minimum natural
           alcoholic strength by volume laid down for the wine-growing zone
           in which the grapes were harvested ."
   Point 5a is amended to read as follows :                          -
" 5a . Rectified concentrated 'grape must : the liquid uncaramelized
       product which :                     •
       - is obtained by partial dehydration of grape must carried out by
       y any authorised method other than by direct heat in such a way
           that the figure indicated by a refractometer' ( used in accordance
           with the method prescribed in Annex III to Regulation ( EEC )
           No 516/77 ) at a temperature of 20°C is not' less than 70.5% ;
           Member States may , however , allow a different figure for . „ ^
           products used on their territory , provided it is not lower than
           51.9% , ' ' '     ■ . .
       - has undergone authorised treatment for deacidification and -
           elimination of constituents other than sugar , so that its
           acidity , expressed as tartaric acid , is not greater than 1 g/kg
           of total sugars and its ash content is not greater than 1.2 g/kg
           Of total sugars ;                 -
       - has a :                    /              N'     •
         . - total phenol content of between 100 and 400 mg/kg of total ,
             •sugars ,                                " -       .„
           - simple phenol content of not less than 50% of total phenols ,
           - sucrose content of' less than 20 g/kg of total sugars ;
       - is derived exclusively from the vine varieties referred to in
           Article 49 ; -                           -
       - is produced within the Community ;
       - is obtained from grape must having at least the minimum natural
           alcoholic strength by volume laid down for the wine-growing zone
           in which the grapes were harvested ."
 ---pagebreak---                                        - 11 -
3.     Point 6 is amended to read as follows :
     " 6 . Grape juice : the liquid product obtained by appropriate treatment
           rendering it fit for consumption as it is and which has an actual
           alcoholic strength by volume of not more than 1% ; it may be
           obtained from :
           - un fermented but fermentable grape must , and/or
           - concentrated grape must , including concentrated grape must
             defined in accordance with Article 1(A ) ( c )."
4.     Point 7 is amended to read as follows :
     " 7 . Concentrated grape juice : uncaramelized grape juice obtained by
           partial dehydration of grape juice carried out by any authorised
           method other than by direct heat in such a way that the figure
           indicated by a refractometer ( used in accordance with the method
           prescribed in Annex III to Regulation ( EEC ) No 516/77 ) is not less
           than 51.9% ."
5.     Point 13 is amended to read as follows :
   " 13 . Sparkling wine : saving the derogation provided for in
           Article 48(3 ), the product which is obtained by first or second
           alcoholic fermentation :
           - of fresh grapes ,
           - of grape must ,
           - of wine ,
           all suitable for yielding table wine ;
           - of table wine ; or
           - of quality wine p.s.r .
           and which , when the container is opened , releases carbon dioxide
           derived exclusively from fermentation and , which has an excess
           pressure of not less than 3 bar when kept at a temperature of 20°C
           in closed containers and contains at least 5.9 g/ 1 of carbon
           dioxide in solution ."
 ---pagebreak---                                         - 12 -
6.    Point 14 is amended to read as follows :
• " 14 . Aerated sparkling wine : the product which :
           - is obtained , subject to the provisions of Article 48(3 ), from
             table wine , '                     "
       . - is . produced in the Community ,
          - releases , when the container is . opened , carbon dioxide derived
             wholly or partially from an addition of that gas , and
          - has ah excess pressure not exceeding 3 bar when kept at a
             temperature of 20°C in closed containers and contains at least -
             5.9 g/1 of carbon dioxide in solution .",
7.    Point 15 is amended to read as follows :
   " 15 . Semi-sparkling wine : the product which :"
           - is obtained from table wine , quality wine p. s.r . or from
             products suitable for yielding table wine or quality wine
             p. s.r ., provided that such wine or products have a total ,
             alcoholic strength by volume of not less than 9% ,              ' •
       / - has an actual alcoholic strength . by volume of not less than- 7% ,
           - contains at least 2.9 g/ 1 of endogenous carbon dioxide in . -
             solution , '                     ' ,               , •'
          - has an excess pressure of not less th""an 1 and net more than
             2.5 bar when kept at a temperature of 20°C in closed containers ,
          - is put up in containers of not more than three litres ."
8.    Point 16 is amended to read as follows :         .          - •_
   " 16 . Aerated semi-sparkling wine : the product which :.         r     •
          - is obtained from table wine , quality wine p. s.r . or from
           , products suitable for yielding table wine or quality wine p. s.r .
          - has an - actual alcoholic strength by volume of not less than 7%
          , and a total alcoholic strength by volume of not less than 9% ,
 ---pagebreak---                                         - 13 -
          - contains in solution at least 2.9 g / 1 of carbon dioxide which has
            been wholly or partially added ,
          - has an excess pressure of not less than 1 and not more than
            2.5 bar when kept at a temperature of 20°C in closed containers ,
          - is put up in containers of not less than three litres ."
                                       Article 3
Annex III to Regulation ( EEC ) No 337/79 is hereby amended as follows :
1 . Point 1(f ) is amended to read as follows :
   "( f )   addition of diammonium phosphate and ammonium sulphate up to
            0.3 g / 1 in total and of thiamin hydrochloride up to 0.6 mg/ 1
            expressed as thiamin to encourage the growth of yeasts ;"
2 . Points l(m ) and 2(1 ) are amended to read as follows , preceded
     respectively by the letters ( m ) and ( 1 ):
   " use of one or more of the following substances for deacidification
     purposes under the conditions laid down in Articles 34 and 36 :
     -    neutral potassium tartrate ,
     -    potassium bicarbonate ,
     -    calcium carbonate , which may contain small quantities of the double
          calcium salt of L (+) tartaric and L (-) malic acids ;"
3 . Point 2(t ) is deleted .
A. Point 2(w ) is amended to read as follows :
     "( w ) the addition of up to 4 g / l of potassium bitartrate to assist the
            precipitation of tartar ."
                                       Article 4
     In Annex IV to Regulation ( EEC ) No 337/ 79 the following point 8 is
     added :
   " 8 . The demarcation of the territories covered by the administrative
          units mentioned in this Annex shall be that resulting from the
          national provisions in force on               "
                                       Arti c le 5
    Annex V to Regulation ( EEC ) No 337 / 79 is deleted .
 ---pagebreak---                                            14 -
                                       Article 6
The Common Customs Tariff annexed to Regulation (EEC) No 950/68 is hereby^
amended" as follows :
1 . Additional Note 6 to Chapter 20 is amended to read , as follows :
   "6 ., For the purposes of subheadings 20.07 B I a ) 1 aa ) , and
         20.07 B I b ) 1 aa ), "concentrated grape juice , ( including grape
         must )" means grape juice ( including grape must ) for which the
         figure indicated by a refractometer ( used in accordance with the
         method prescribed in Annex III to Council Regulation ( EEC )
         No 516/77 ) at a temperature of 20°C is not less than 51.9%.,"
2 . Additional Note 3 A to Chapter 22 is amended to read as follows :
   " 3 . For the purposes of heading No 22.05 :
         A. ." sparkling wine " ( subheading 22.05 A ) means a product having an
             alcoholic strength by volume 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       -
                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 bar and
             containing at least 5.9 g/ 1 of carbon dioxide in solution ;"
3 . The text of subheading 22.05 B is amended to read as follows :
 ---pagebreak---                                     - 15 -
                                                            Rate of duty
  Heading                 Description              Autonomous
  number                                                  %      Conventional
                                                    or levy            %
                                                        ( L)
     1                         2                          3            A
   22.05    B. Wine in bottles with " mushroom "
               stoppers held in place by ties or
               fastenings ; wine otherwise put up
               with an excess pressure of not
               less than 1 bar but less than
               3 bar , measured at a temperature
               of 20°C , and containing at least
               2.9 q/1 of carbon dioxide in
               solution                              40 EUA
                                                   per hi ( a )
                                  Article <
This Regulation shall enter into force on 1 September 1981 .
Article 6 shall apply with effect from 1 January 1982 .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                                For the Council
                                                  The President
 ---pagebreak---                                                                               •1
                                    PROPOSAL FOR          -
      '  '                 COUNCIL REGULATION ( EEC )
       amending Regulation ( EEC ) No 338/79 laying down special provisions
            relating to quality wines produced in specified regions
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article A3 thereof ,
Having regard to the proposal from the Commission ( 1 ),                   '
Having regard to the opinion of the European Parliament ( 2 ),       •
Whereas in most wine-growing countries the use of a geographic name to
designate a quality wine refers , firstly , to the area in which the grapes
from which the wine is made were produced and , secondly , to a particular
set of cultural and oenological practices ; whereas , for that reason ,
Article 6(2 ) of Council Regulation ( EEC ) No 338/79 ( 3 ),
             as last amended by Regulation ( EEC ) No 3456/80 ( A ), provides
that the making of quality wines p.s.f . and the preparation of quality
sparkling wines p.s.r . may , with certain exceptions , take place only
within the specified region whose name the wine bears ; .
Whereas , furthermore , if the production of quality wines p.s.r . and
quality sparkling wines p.s.r . is to depend on the natural aptitude of.
the land for winegrowing , the specified regions for the production of
quality wines should be strictly demarcated ; whereas , however , a            *
demarcation based principally on the aptitude of the land and on the
cultural practices used risks excluding from the' specified
region many installations for making quality wines p.s.r . or preparing
quality sparkling wines p.s.r . which could be included
( 1 ) OJ No C
( 2 ) OJ No C
( 3 ) OJ No L 54 ,- 5 . 3.1979 , p. 48
( 4 ) OJ No L 360 , 31.12.1980 , p. 18
 ---pagebreak---                                       - 2 -
                                                                        »
if the demarcation, were less strict ; whereas the exception provided for
in the third subparagraph of Article 6(2 ) of the abovementioned
Regulation already makes it possible to solve this problem ; whereas ,
however , so as to safeguard the designations relating to the origin of a
product , it appears appropriate to reinforce production controls and to
authorise winemaking and preparation outside the specified region only if
such operations take place in a neighbouring geographic area which is
strictly demarcated according to precise criteria ;
Whereas , to avoid cases of hardship , it should nevertheless be possible
to authorise persons with installations situated outside the
abovementioned geographic areas to make quality wines p.s.r . or to
prepare quality sparkling wines p.s.r . in those installations during a
sufficiently long transitional period ;
Whereas ,, under Article 12(5 ) of the abovementioned Regulation , quality
sparkling wines p.s.r . produced in Italy whose preparation began before
1 September 1981 may be aged for less than the nine-month period laid
down for other quality sparkling wines p.s.r .; whereas this transitional
provision has proved insufficient to enable manufacturers to adjust
technically and commercially to a nine-month preparation period ; whereas
the abovementioned date should therefore be carried forward by one year ,
whereby it should be made clear that the derogation applies only to
quality sparkling wines p.s.r . defined by national rules adopted before
1 September 1981 ;
Whereas , under the second subparagraph of Article 16(A ) of the abovementioned
Regulation ,       for a transitional period expiring on 31 August 1981 the
names of certain wine-growing regions may be used simultaneously to
designate table wines and quality wines p.s.r .; whereas this period has
proved insufficient to enable the necessary adjustments to be rnde to the
relevant national provisions ; whereas that date should therefore be
carried forward by one year ,
HAS ADOPTED THIS REGULATION :
 ---pagebreak---                                        - 3 -                                 V
                                     Article 1
Regulation ( EEC) No 338/79 is hereby amended as follows :
1 . Article 6(2) is amended to read as follows :
   "2 . The processing of the grapes referred to in paragraph 1(a ) into
        must and from must into wine and the preparation of a quality
        sparkling wine p.s.r . may take place only :
j       a ) within the specified region where the grapes use,d were
            harvested , or
        b ) within a geographic area neighbouring that specified region , on
            condition that :     '         -
            - the Member State concerned has authorised such processing or
               preparation ,                           ~             x   .
    .       - the neighbouring geographic area has been strictly demarcated
               taking into account in particular the limits of the local or
               regional geographic units,'
            - the products designated by the name of the specified region
               and obtained from grapes harvested in that region are kept
               separate from wines or grape musts which are not entitled to
               that name throughout the operations of winemaking ,
               preparation and storage , and                   \ ' .
            - the identity of such products may be proved at any time , in
               particular by reference to the goods inwards and outwards
               registers .
                                                         /
            However , Member States may permit the operations referred to in
            the preceding subparagraph to be carried out until 31 August
            1991 in installations which , when the demarcation of the
            geographic area referred to in the' preceding subparagraph under
            b ) took effect , were situated outside that area , provided the
            conditions laid down in the preceding subparagraph under ( b ),
            third and fourth indents , are met ."
 ---pagebreak--- 2 . Article 12(5 ) is amended to read as follows :
   " 5 . Notwithstanding Daragr&ph 3 above , for quality sparkling wines
         p.s.r . produced in Italy whose preparation b^gan before 1 September
         1982 the duration of the preparation process may be less than nine
         months but not less than six months , provided the quality sparkling
         wine p.s.r . in question was defined by national rules adopted
         before 1 September 1981 ."
3 . In the second subparagraph of Article 16(4 ), " 31 August 1981 "
     is replaced by " 31 August 1982 ".
                                     Article 2
This Regulation shall enter .into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                                   For the Council
                                                     The President
 ---pagebreak---                                       PROPOSAL FOR   ,
                             COUNCIL REGULATION ( EEC )
           amending Regulation ( EEC ) No 339/79 defining certain products
              falling within heading Nos 20.07 , 22.04 and 22.05 of the
             Common Customs Tariff and originating in third countries
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community ,
 Having regard to Council Regulation ( EEC ) No 337/79 of 5 February 1979 on
 the common organisation of the market in wine ( 1 ), as last amended by
 Regulation ( EEC ) No 3456 / 8(32 ), and in particular Article l(4)(c ) thereof ,
 Having regard to the proposal from the Commission ( 3 ),
 Whereas the definitions of certain Community wine products contained in
Annex II to Regulation (EEC ) No 337/79 have been changed ; whereas , for
 the purposes of harmOnisation , it is necessary to alter the definitions
of the corresponding products originating in non-member countries ,
HAS ADOPTED THIS REGULATION :
                                        Article 1  '
Article 2 of Regulation ( EEC ) No 339/79 is amended to read as follows :
                                       "Article 2
      In this Regulation:'        '
    ( a ) 'grape must with fermentation arrested by the addition of alcohol'
          means the product which :                  '
          - has an actual alcoholic strength by volume of not less than 12%
            but less than 15% , and
( 1 ) OJ No L 54 , -5.3.1979 . p. 1 "
( 2 ) CJ-No L 360, 31.12.1980 , p. 18
( 3 ) OJ No C
 ---pagebreak---                                              - 2 -
            - Is obtained by the addition to un fermented grape must having a
               natural alcoholic strength by volume of not less than 8.5% of a
               product derived from the distillation of wine ;
      ( b ) " concentrated grape must " means uncaramelized grape must which is
            obtained by partial dehydration of grape must carried out by any
            authorised method other than by direct heat in such a way that the
            figure indicated by a refrsctometer ( used in accordance with the
            method prescribed in Annex III to Council Regulation ( EEC )
            No 516 / 77 ( 1 ) at a temperature of 20°C is not less
            than 51.9% ;
      ( c ) " rectified concentrated grape must " means the liquid uncaramelized
            product which :
            - is obtained by partial dehydration of grape must , carried out by
               any authorised method "other than by direct heat in such a way
               that the figure indicated by a refractometer ( used in accordance
               with the method prescribed in Annex III to Regulation ( EEC )
               No 516/77 ) at a temperature of 20°C is not less thn 70.5% ; Member
               States may , however , allow a different figure for products used
               on their territory , provided it is not lower than 51.9% ,
            - has undergone authorised treatment for deacidification and
               elimination of constituents other than sugar , so that its
               acidity , expressed as tartaric acid , is not greater than 1 g/kg
               of total sugars and its 'ash content is not greater than 1.2 g/kg
               of total sugars ;
            - has a :
               - total phenol content of between 100 and 400 mg /kg of total
                 sugars ,
               - simple phenol content of not less than 50% of total phenols ,
               - sucrose content of less than 20 g/kg of total sugars ;
     ( d ) 'liqueur wine' means the product which :
            - has a total alcoholic strength by volume of not less than 17.5%
               and an actual alcoholic strength by volume of not less than 15%
               and not more than 22% , and
< 1>0J No L 73 , 21.3.1977 , p. 1
 ---pagebreak---                                           - 3 -
       - is obtained from grape must or wine , which must come from vine
         varieties approved in the non-member country of origin for the
         production of liqueur wine and have a minimum natural alcoholic
         strength by volume of 12% :
         - by freezing , or                           -
         - by the addition during or after fermentation :
             ( i ) of a product derived from the distillation of wine , or
                                     '                           1
           ( ii ) of a concentrated grape must or , in the case of certain
                   quality liqueur wines appearing on a list to be adopted ,
                   for which such practice is traditional , of grape must
                   concentrated by direct heat and which , apart from this
                   operation , corresponds to the definition of concentrated
                   grape must , or                         '     -
          Ciii ) of a mixture of these products ,-       «   ■     - ' . .
      \                          ··              .
       However , certain quality liqueur wines appearing on a list to be
       adopted may be obtained from unfermented fresh-grape must which'
       need not have a minimum natural alcoholic strength by volume of 12% ;
( e ) 'sparkling wine' means the product having an actual alcoholic
       strength by volume of not less than 8.5% which :        .
  /                                     •
       - is obtained by the primary or secondary alcoholic fermentation of
         fresh grapes , grape must - or wine ,
       - releases , when the container is opened , carbon dioxide derived
         exclusively from fermentation and has an excess pressure of not
         less than 3 bar when kept at a temperature of 20°C in closed
         containers and contains at leasft 5.9 g/1 of carbon dioxide in
         solution : .                                                      '
 ---pagebreak---                                        – A –
   ( f ) 'aerated sparkling wine 1 means the product having an actual
         alcoholic strength by volume of not less than 8.5% which :
         - is obtained from wine ,
         - releases , when the container is opened , carbon dioxide derived
           wholly or partially from an addition of that gas , and
         - has an excess pressure of not less than 3 bar when kept at a
           temperature of 20°C in closed containers and contains at least
           5.9 g/ 1 of carbon dioxide in solution ;
   ( g ) 'semi-sparkling wine' means wine having an actual alcoholic
         strength by volume of not less than 8.5% which :
         - naturally contains at least 2.9 g/ 1 of carbon dioxide in solution
           after primary or secondary alcoholic fermentation , and
         ~ has an excess pressure of not less than 1 bar and not more than
           2.5 bar when kept at a temperature of 20°C in closed containers ;
   ( h ) 'aerated semi-sparkling wine' means wine having an actual alcoholic
         strength by volume of not less than 8.5% which :
         - contains in solution at least 2.9 g/ 1 of carbon dioxide that has
           been wholly or partially added , and
         - has an excess pressure of not less than 1 bar and not more than
           2.5 bar when kept at a temperature of 20°C is closed containers ."
                                     Article 2
This Regulation shall enter into force on 1 September 1981 .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                                    For the Council
                                                      The President