CELEX: 51987PC0091
Language: en
Date: 1987-03-17
Title: Proposal for a COUNCIL REGULATION (EEC) on the preparation and marketing of liqueur wines produced in the Community#Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No X/87 on the common organization of the market in wine#(presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 91
Vol. 1987/0039
 ---pagebreak--- Disclaimer
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(87 ) 91 final
                                                      Brussels , 17 March 1987
                                 Proposal for a
                            COUNCIL REGULATION ( EEC )
         on the preparation and marketing of liqueur wines produced
                                in the Community
                                 Proposal for a
                            COUNCIL REGULATION ( EEC )
      amending Regulation ( EEC ) No X / 87 on the common organization
                             of the market in wine
                        ( presented by the Commission )
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                                 EXPLANATORY  MEMORANDUM
In July 1979 , the Commission submitted to the Council two draft Regulations ,
one on liqueur wines produced in the Community and the other amending
Regulation ( EEC ) No 338 / 79 in order to lay down provisions governing liqueur
wines produced in specified regions .
Those two proposals were not adopted as they were based mainly on the
definition of liqueur wines as provided for in point 12 of Annex II to
Regulation ( EEC ) No 337 / 79 and therefore did not take account of the
traditional conditions of preparation , in particular as regards the minimum
natural alcoholic strength of the basic products used in the two countries
which had applied for accession despite the fact that more than half the
imports into the Community of Ten , the consumption of liqueur wine in which is
estimated at more than 3 million hi , come from those two countries .
Thus , in a statement by the Council and the Commission in December 1984 ,
within the framework of enlargement and in order to take account of the
production traditions throughout the Member States , the Commission undertook
to submit new proposals for regulations to the Council .
The aim of these proposals from the Commission is therefore on the one hand ,
following the amendment to the definition of liqueur wine in the Act of
Accession of Spain and Portugal , to replace the Commission 's original proposal
on liqueur wines of 1979 as regards the conditions for preparing and marketing
liqueur wines produced in the Community and , on the other hand , to amend
Regulation ( EEC ) No 337 / 79 as regards oenological practices accordingly .
In order to comply with the traditional Conditions of production which are
comparable from certain viewpoints with those of other special wines such as
sparkling wines or semi-sparkling wines , the Commission decided to submit
three proposals on liqueur wines to the Council as it had done for sparkling
wines .
The first two concern rules for preparing and marketing quality liqueur wines
produced in specified regions . They contain general provisions applicable to
all quality liqueur wines produced in specified regions . The first draft
includes the provisions of the 1979 proposal for a Regulation adapted to the
new situation and features five basic points , namely :
-  a prohibiten on the enrichment of the products used ,
-  a limitation on the sulphur dioxide content ,
 ---pagebreak---                                           2
- the recognition within the quality liqueur wines produced in specified
    regions of traditional categories of liqueur wines related to special
   conditions of production or preparation ,
-  wine-stock sélection ,
-  provisions on Controls .
The second draft lays down in particular            new provisions on oenological
practices to be inserted into Regulation ( EEC ) No 337 / 79 .
The Council , Commission or Member States will be responsible for laying down
the detailed rules for applying these Regulations .
These proposals for Regulations have no financial implications for the
Community budget .
 In view of the presentation , to the Council , of the proposals for Regulations
 herewith , the Commission is with drawing its proposal for a Regulation on
 liqueur wines produced in the Community and its proposal for a Regulation on
 liqueur wines produced in specified regions , which are set out in document
 COM ( 79 ) 310 final of 13 July 1979 .
 ---pagebreak---                                  Proposai for a
                           COUNCIL   REGULATION     ( EEC )
                 on the preparation and marketing of liqueur wines
                              produced in the Community
THE   COUNCIL  OF  THE  EUROPEAN    COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 43 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas at present no Community provisions govern the conditions under which
liqueur wines are prepared and marketed ; whereas , in view of the economic
importance of such products , common provisions are required to be adopted in
this area in order to contribute towards the operation of the wine market as a
whole ;
Whereas Council Regulation ( EEC ) No X / 87      establishes the common
organization of the market in wine and Council Regulation ( EEC ) No Y / 87 lays
down special provisions relating to quality wines produced in specified
regions ; whereas those Regulations should be supplemented by adopting
corresponding provisions for all liqueur wines produced in the Community ;
Whereas liqueur wines should be made subject to a system comprising common rules
governing production , preparation , marketing and controls which , while maintaining
quality distinctions , will ensure that distortions of competition are avoided ,
that free movement of such products is enhanced and that consumers are protected ;
Whereas such a measure will help to guide the consumer in his choice by
providing him in particular with the assurance that each product presented
meets specific quality requirements ; whereas it is thereby likely to protect
the interests of the producer , to encourage intra-Community trade , to increase
demand and therefore to ensure increased opportunities for the disposal of wine
products ;
Whereas , in order to avoid the use of sucrose in the sweetening of liqueur
wines , the use of rectified concentrated grape must should be permitted in
addition to that of concentrated grape must ;
1                              2
  OJ No L                        OJ No L
 ---pagebreak---                                      - 2 -
Whereas all liqueur wines and the products used in their preparation must be
made subject to minimum quality requirements ; whereas provision should
accordingly be made for their minimum characteristics ;
Whereas the preparation of certain quality liqueur wines produced in specified
regions , hereinafter referred to as quality liqueur wines psr , calls for a special
process of ageing " sous voile "; whereas it should accordingly be defined ;
Whereas additional provisions should also be laid down on the analytical
characteristics of the products used for the preparation of liqueur wines , in
particular where neutral spirits of vinous origin or wine distillate is
employed ;
Whereas the process of preparing liqueur wines requires operators to keep a
wide range of raw materials and in particular of spirits which may be used in
particular for the manufacture of artificial wine ; whereas provision should
consequently be made for better controls on such activity and in particular ,
in order to avoid such manufacture , for a prior authorization to be required ;
Whereas , with a view to preserving the typical character of the origin of each
quality liqueur wine psr and to facilitating the task of control bodies , the
Member States should be permitted , within the limits laid down by this
Regulation , to adopt production , preparation and movement disciplines
supplementing Community rules ,
Whereas , in view of the traditional practices which have contributed to the
reputation of port quality liqueur wine psr , the geographical ascription in question
should be recognized by way of a derogation , in respect of that designation only , as
covering a delimited area different from that where the raw materials used were
produced ,
HAS  ADOPTED   THIS  REGULATION :
                                      Article 1
This Regulation lays down rules for the preparation and marketing of liqueur
wines as defined in point 14 of Annex I         to Regulation ( EEC ) No X / 87 .
                                      TITLE   I
                                 General provisions
                                      Article 2
The descriptions " liqueur wine " and " quality liqueur wine produced in a
specified region" or "quality liqueur wine psr " shall be used only for the
products referred to in Article 1 .
 ---pagebreak---                                           - 3 -
                                       Article 3
For the preparation of the products referred to in Article 1 :
1.   "has ic products " shall mean :
     - grape raust ;
     - grape must in fermentation , and
     - wine .
2.   "addition products " shall mean :
     (a )  in the case of liqueur wines :
           -  added alcohol , i.e.
              .  alcohol with an alcoholic strength greater than or equal to
                 95 X vol , obtained from neutral spirits of vinous origin
                 including spirits obtained from the distillation of dried
                 grapes ;
              .  wine distillate with an alcoholic strength greater than or
                 equal to 52 X vol , and less than or equal to 80 X vol ;
           -  concentrated grape must , and
           -  a mixture of the products referred to in the two preceding indents ;
     (b )  in the case of quality liqueur wines psr :
           -  grape must in fermentation obtained from raisined grapes ;
           -  concentrated must obtained by the action of direct heat , meeting ,
              with the exception of this operation , the definition of
              concentrated grape must , and
           -  the products referred to under ( a ) with the exception , for certain
              red quality liqueur wines psr to be determined , of wine distillate
              the alcoholic strength by volume of which must be greater than or
              equal to 70 X vol ;
3.   "ageing " sous voile "" shall mean :
     the process of biological ageing in contact with the air involving the
    development of a film of typical yeasts at the free surface of the wine
    after total alcoholic fermentation of the must .
                                       Article 4
A liqueur wine is obtained either :
-  by adding to one of the basic products , where appropriate after ageing
   " sous voile ", one of the addition products alone or in combination ;
-  by freezing one of the basic products .
 ---pagebreak---                                        Artide 5
The basic products used for the preparation of liqueur wines must :
-  comply with the definitions in Annex I to Regulation ( EEC ) No X / 87 and
   be obtained from specific vine varieties selected from those listed in
   Article 69 of that Regulation ;
-  have undergone , where appropriate , only the oenological practices referred
   to in Title II of and in Annex VI to Regulation ( EEC ) No X / 87 .
   However , with the exception of freezing and the addition of the products
   listed in Article 3(2 ), all enrichment operations including those involving
   fresh grapes shall be prohibited .
                                       Article 6
Addition products used for the préparation of liqueur wines must :
-  comply with the definitions laid down in Annexes I and II to this
   Regulation as regards neutral spirits of vinous origin and wine distillate
   respectively ;
-  have undergone , where appropriate , only the oenological practices referred
   to in Annex VI   to Regulation ( EEC ) No X / 87 as regards concentrated grape
   must and grape must in fermentation obtained from raisined grapes .
                                       Article 7
Without prejudice to any more restrictive provisions which the Member States
may adopt for liqueur wines prepared within their territory , such products
shall be authorized to undergo the oenological practices referred to in
Annex  VI to Regulation ( EEC ) No X/ 87 .-
In addition , sweetening using concentrated grape must or rectified
concentrated grape must shall be authorized provided that the increase in the
total alcoholic strength by volume of the liqueur wine in question is not                |
increased by more than 2 % vol and that the operation is the subject of a             j
déclaration as provided for in Article 2 of Commission Régulation ( EEC ) No 1618 / 70 .
                                       Article 8
All producers of liqueur wines s ha III be required to possess a prior authorization
for such activity .
Without prejudice to Article 71 of Regulation ( EEC ) No X/ 87 , all producers
of liqueur wine shall be required to keep goods inwards and stock utilization
registers for the basic and addition products listed in Article 3 .
30J No L 175 , 8.8.1970 , p. 17 .
 ---pagebreak---                                               5
                                          Article 9
Without prejudice to provisions adopted pursuant to Article 72(1 ) of Regulation
( EEC ) No X / 87 , liqueur wine may only be released to the market in containers
bearing a label on dispatch from the place of preparation , indicating the
description of the product together , where applicable , with the name of the
specified region , and under cover of commercial or official documents
accompanying such products and indicating the same particulars .
                                           TITLE II
                                Provisions on liqueur wines
                                         Article 10
The list of vine varieties selected among those referred to in Article 69. of
Regulation ( EEC ) No X / 87 from which the basic products are obtained shall be
adopted in accordance with the procedure laid down in Article 83 of that
Regulation .
                                        Article 11
The natural alcoholic strength by volume of the basic products used for the
preparation of liqueur wines may not be less than 12 % vol .
                                        Article 12
Without prejudice to any more restrictive provisions which the Member States
may adopt where liqueur wines are prepared within their territory , the total
sulphur dioxide content of the latter may not exceed 200 mg / 1 when they are
released to the market for direct human consumption .
                                          TITLE III
          Provisions on quality liqueur wines produced in specified regions
                                        Article 13
The operations referred to in Article 4 for the preparation of quality liqueur
wines psr may be performed only within the specified region which produced
the basic products        and , where applicable , the concentrated grape must or
the grape must in fermentation obtained from raisined grapes from recognized
vine varieties suitable for the preparation of quality liqueur wines psr in
the specified region whose name they bear .
However , for the quality liqueur wine psr designated port , the preparation may be
carried out in a different delimited area from that in which the basic
products were produced .
 ---pagebreak---                                          - 6 -
                                       Artide 14
Without prejudice to any more restrictive provisions which the Member States
may apply as regards :
(a ) the basic products used within their territory for the preparation of
     quality liqueur wines psr , with the exception of quality liqueur wines
     psr on the list provided for in the third subparagraph of point 14 of
     Annex    I   to Regulation ( EEC ) No X / 87 and the quality liqueur wines
     psr referred to in    point 14(a) and ( c ) of the abovementioned Annex , the
     natural alcoholic strength by vo lume of grape must , grape must in fermentation
     and wine may not be less than 12 % vol ;
(b ) quality liqueur wines psr :
     -  the actual alcoholic strength by volume may not be less than 15 % vol
        or   more than 22 % vol ;
     -  the total alcoholic strength by volume may not be less than 17,5 % vol .
        However , the minimum total alcoholic strength by volume may be
         15 % vol for certain quality liqueur wines psr on a list adopted in
        accordance with the procedure laid down in Article 83 of Regulation
        ( EEC ) No X / 87 where national laws applicable thereto before
        1 January 1985 expressly so provide .
                                       Article 15
Without prejudice to any more restrictive provisions which the Member States
may apply to quality liqueur wines psr prepared within their territory , the
total sulphur dioxide content of such products may not exceed 175 mg / 1 when
they are released to the market for direct human consumption .
                                       Article 16
Quality liqueur wines psr referred to as " vins doux naturels " may be obtained
only from basic products 90 % of which are produced from vine      varieties listed
in Annex III , with a natural alcoholic strength by volume not less than
14 % vol .
                                       Artide 17
Quality liqueur wines psr referred to as "vino generoso " may be obtained only
from white grapes , aged " sous voile ", produced from vine varieties listed in
Annex III and released to the market after they have been kept for at least
two years in oak barrels .
 ---pagebreak---                                      Artide 18
Quality wines psr referred to as "vino generoso de licor " may be obtained only
from vino generoso to which grape must in fermentation obtained from raisined
grapes or concentrated grape must has been added and which has been released
 to the market after it has been kept at least two years in oak barrels .
                                     Article 19
In addition to the provisions provided for in this Regulation , producer
Member States may lay down , taking into account fair and traditional
practices , any additional or stricter characteristics or conditions governing
production , preparation , ageing and release to the market , for liqueur wines
produced in specified regions as referred to in this Title and prepared within
their territory .
                                      TITLE IV
                                  Final provisions
                                     Article 20
1.   The methods of analysis required for the application of this Regulation
     shall be those adopted pursuant to Regulation ( EEC ) No X / 87 .
2.   Where no Community methods of analysis are laid down , the methods of
     analysis applicable shall be :
     (a ) those set out in Annex A to the International Convention for the
          Unification of Methods for the Analysis and Appraisal of Wines of
          13 October 1954 ;
     (b ) or , where that Annex makes no such provision , methods scientifically
          recognized .
                                     Article 21
The Member States and the Commission shall send each other the
information required for the application of this Regulation .
                                     Article 22
Liqueur wines whose conditions of preparation or certain analytical
characteristics of which do not comply with the provisions of this Regulation
but are in accordance with the national laws previously in force may be held
with a view to sale , released to the market and exported until stocks are
exhausted .
 ---pagebreak---                                     Art icle 23
Detailed rules for the application of this Regulation and in particular
those relating to Articles 8 , 10 and 14 shall be adopted in accordance with
the procedure laid down in Article 83     of Regulation ( EEC ) No X / 87 .
                                    Article 24
This Regulation shall enter into force on 1 September 1987 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at                                            For the Council
                                                   The President
 ---pagebreak---                                           9
                                       ANNEX I
             CHARACTERISTICS  OF   NEUTRAL  SPIRITS  OF   VINOUS  ORIGIN
                          AS  REFERRED   TO  IN  ARTICLE 6
1. Organoleptic characteristics                        Absence of unpleasant taste
2. Total alcoholic strength by volume                  96 % vol
3. Maximum residues
      total acidity
      expressed as acetic acid g / hl
      alcohol at 100 % vol                              1,5
   -  esters
      expressed as ethyl acetate g / 1
      alcohol at 100 % vol                              1,3
   -  aldéhydes
      expressed as acetaldehyde g / 1
      alcohol at 100 % vol                              0,5
   -  higher alcohols
      expressed as methyl-2 propanol-1 g / hl
      at 100 X vol                                      0,5
   -  methanol g / hl alcohol at 100 % vol             50
   -  dry extract g / hl alcohol at 100 % vol           1,5
   -  volatile nitrogenous bases
      expressed as nitrogen g / hl
      alcohol at 100 % vol                              0,1
      f urf ural                                      not détectable .
 ---pagebreak---                                         10 -
                                    ANNKX  I I
    CHARACTERISTICS  OF  WINE   DISTILLATE   AS REFERRED   TO   IN  ARTICLE 6
1. Organoleptic characteristics                    absence of unpleasant taste
2. Minimum alcoholic strength by volume            52 % voi
   Maximum alcoholic strength by volume            80 % vol
3. Content of total volatile substances            more than 200 g / hl
   other than ethyl and methyl alcohol             alcohol at 100 % voi
4. Maximum methyl alcohol content                  1 000 g / hl alcohol at
                                                   100 % voi
 ---pagebreak---                                        11
                                    ANNEX III
          LIST  OF  VINE  VARIETIES  AS    REFERRED TO IN  ARTICLE  16
Muscat   Grenache - Maccabeo - Malvoisie .
          LIST  OF  VINE  VARIETIES  AS    REFERRED TO IN  ARTICLE  18
Palomino de Jerez - Palomino fino - Pedro Ximenes - Moscatel - Malvoisie .
 ---pagebreak---                                              Proposal for a
                                       COUNCIL REGULATION ( EEC )
                         amending Regulation ( EEC ) No       X / 87  on the common
                                   organization of the market in wine
      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 ,
                                                          1
      Whereas Council        Regulation ( EEC ) No X / 87   should be brought into line with the
      provisions of Council Regulation ( EEC ) No . of . on the preparation and
      marketing of liqueur wines produced in the Community ^ and provision should be made
      with regard to oenological practices , for the traditional use of caramel for colouring
      the abovementi oned products to be recognized ,
      HAS      ADOPTED   THIS   REGULATION :
                                                 Article 1
      Regulation ( EEC ) No X / 87 is hereby amended as follows :
1 . The following is added to Article 70(1 ) :
     "( c )    for liqueur wines intended for direct liuman consumpLion :
               - they have an actual alcoholic strength by volume more than or equal to
                   15 % vol and less than or equal to 22 % vol.'
2.    Annex VI is amended as follows :
      a ) The title to paragraph 1 is replaced by the following :
            "( 1 )  Oenological practices and processes which may be applied to fresh
                    grapes , grape must , grape must in fermentation , grape must in
                    fermentation obtained from raisined grapes , concentrated grape must
                    and new wine still in fermentation ."
      b ) The title to paragraph 3 is replaced by the following :
   "( 3 )      Oenological practices and processes which may be applied to grape must in
             fermentation intended for direct human consumption as such , wine suitable
             for producing table wine , table wine , sparkling wine , aerated sparkling
             wine , semi-sparkling wine , aerated semi-sparkling wine , liqueur wine and
             quality liqueur wines psr ."
   1                                         2
 ---pagebreak---                                         - 2
 c) The following is added to the list in paragraph    3    :
    "( x ) addition of caramel to reinforce the colour of liqueur wines and
           quality liqueur wines psr ."
                                       Article 2
This Regulation shall enter into force on 1 September 1987 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at                                                  For the Council
                                                         The President
 ---pagebreak---                                                               (G
                      FINANCIAL             STATEMENT
                                                                                Date : 3 December 1986
 il 1 . BUDGET MF AD I NG : Nil                                                APPROBATIONS :    Nil
 ij 2 . TITLE : 2 Council Regulations , one on the preparation and marketing of liqueur
 ! wines , the other amending the basic Regulation , as regards oenological
 I       practices ._
| 3. LEGAL BASIS : EEC Treaty - Article ; »3
     4 . AIMS OF PROJECT ;» ) change the conditions under which liqueur wines produced in
         the Community are prepared and marketed ;
                              b ) Amend Regulation ( EEC ) No 337/79 accordingly as regards
         oenological practices .
O 5 . FINANCIAL IMPLICATIONS                  PERIOD OF 12 MONTHS
                                                                  CURRENT FINAfg^L YEAR FOLLOWING^gi^NCIAL YEAR
S 5.0 EXPENDITURE
S         - CHARGED TO THE EC BUDGET
            ( RE FUNDS ! INTERVENTIONS )
                                                        -                    -                      -
          - NATIONAL ADMINISTRATION
          - OTHIR
    5.1 RECF IPIS
          - OWN RESOURCES OF THE EC
            ( LEVIES / CUSTOMS DUTIES )
          - NATIONAL
    5.0.1 ESTIMATED EXPENDITURE                       -                -              -               -
    5.1.1 ESTIMATED RECEIPTS
    5.2 METHOD OF CALCULATION                                                                                      j
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   OBSERVATIONS     :
         These Regulations are purely technical ,                     They relate only to désignations !
         definitions , characteristics , rules .