CELEX: 31976R1160
Language: en
Date: 1976-05-17 00:00:00
Title: Council Regulation (EEC) No 1160/76 of 17 May 1976 amending Regulation (EEC) No 816/70 laying down additional provisions for the common organization of the market in wine

24. 5 . 76                              Official Journal of the European Communities                        No L 135/ 1
                                                              I
                                            (Acts whose publication is obligatory)
                                       COUNCIL REGULATION ( EEC) No 1160/76
                                                       of 17 May 1976
             amending Regulation ( EEC) No 816/70 laying down additional provisions for the
                                        common organization of the market in wine
THE COUNCIL OF THE EUROPEAN                                       thereto of Articles 59 and 94 of the Act of Acces­
COMMUNITIES ,                                                     sion (7), it has been found desirable to bring the
                                                                  products in question within the scope of Regulation
                                                                  ( EEC) No 816/70 and, in particular, to include in
Having regard to the Treaty establishing the Euro­                that Regulation the provisions of Regulation ( EEC)
pean Economic Community, and in particular                        No 865/68 concerning the charging of the levy and
Article 43 thereof,                                               the granting of the refund on the sugar added to
                                                                  such products ;
Having regard to the proposal from the Commission,
                                                                  Whereas comparison between the market price and
Having regard to the opinion of the European Par­                 the activating price is the determining factor for
liament (*),                                                      setting in motion or for terminating certain inter­
                                                                  vention measures which are intended to help prevent
Having regard to the opinion of the Economic and                  the market price from diverging too far from the
Social Committee (2),                                             guide price ; whereas a disparity between the guide
                                                                  price and the activating price sufficiently large to
                                                                  ensure the proper functioning of these measures
Whereas certain provisions of Council Regulation                  should be provided for ;
( EEC) No 816/70 of 28 April 1970 laying down
additional provisions for the common organization
of the market in wine (3), as last amended by Regu­               Whereas Article 4 of Regulation ( EEC) No 816/70
lation ( EEC) No 1932/75 (4), should be amended in                provides for the Commission to fix each week an
the light of experience gained in applying that                   average producer price for each type of wine and
Regulation ;                                                      for each representative market ; whereas in certain
                                                                  cases this average price may set in motion the inter­
                                                                  vention mechanisms ; whereas experience has shown
Whereas the organization of the market in wine
                                                                  that, for the purpose of setting these mechanisms
does not cover grape juice or unfermented grape                    in motion , it is necessary to simplify the adminis­
must with an added sugar content exceeding 30 %                    trative procedures and to take into account the
by weight, which up to now have been governed by                   quantities marketed on the various representative
Council Regulation ( EEC) No 865/68 of 28 June                     markets ; whereas to this end it is necessary to
1968 on the common organization of the market in
                                                                   establish a weighted average price for each type of
products processed from fruit and vegetables (5),                  wine ;
as last amended by Regulation ( EEC) No 981/75 (6) ;
whereas, without prejudice to the applicability
                                                                   Whereas the private storage aid system provides in
                                                                   particular for the conclusion of short- and long­
 (*) OJ No C 179, 6. 8 . 1975, p . 36.                             term storage contracts ; whereas it is necessary , in
 (2) OJ No C 108 , 15 . 5 . 1975 , p . 65                          order to improve the effectiveness of available
(3)  OJ No L 99 , 5 . 5 . 1970, p. 1 .
 (4) OJ No L 198 , 29. 7. 1975 , p. 19,
 (5) OJ No L 153 , 1 . 7. 1968 , p. 8 .
 (8) OJ No L 95 , 17. 4. 1975, p. 2.                               C) OJ No L 73 , 27 . 3 . 1972, p . 14.
 ---pagebreak---  No L 135/2                       Official Journal of the European Communities                           24. 5 . 76
storage, to extend this system to cover must and            cost of acquiring the basic materials for the industry
concentrated must ; whereas this makes it necessary         concerned ;
to extend to grape must the Community provisions
concerning trade with third countries and in parti­
cular to fix a reference price for it ;                    Whereas the cultivation of provisionally authorized
                                                           vine varieties should ultimately be prohibited in
                                                           order to improve the quality of the wines obtained
Whereas experience has shown that the current              in the Community ; whereas provision should be
system of market support is inadequate both as              made for certain derogations from the principle
regards the rationalization of the market and for          that only varieties included in the classification
the purposes of restoring price levels ; whereas this       may be cultivated, in order to allow Member
system should therefore be strengthened by measures         States to investigate the suitability of a vine variety
providing, under certain conditions, for preventive        for its environment, to undertake scientific research ,
distillation at a buying-in price which is not such        selective breeding and hybridization and the
as to encourage production of wine of insufficient         production of material for the vegetative propa­
quality ; whereas , furthermore, it has proved neces­      gation of grape vines reserved for export ;
sary to provide for additional measures applicable
to holders of long-term storage contracts in order         Whereas the minimum natural alcoholic strength
to maintain prices at a level higher than the acti­        of the basic products used in the production of
vating price ; whereas, in order to be effective, these    table wine is an invaluable factor in assessing their
additional measures may consist, in particular, in          maturity and can accordingly serve as an indication
storage of the wines in question during a period to        of quality as regards the wine obtained therefrom ;
be determined, or distillation of these wines or to        whereas the quantities of table wine available on
both these measures ;                                      the market should be reduced while at the same time
                                                           the quality of such wine from wine-growing zones
                                                           C I , C II and C III should be raised by increasing
Whereas Article 8 of Regulation ( EEC) No 816/70           the alcoholic strength in those zones ; whereas account
provides that imports into the Community of any            should be taken in this context of the climatic
of the products listed in Article 1 (2) shall be made      conditions in the alpine regions of Italy by redefining
conditional on the submission of an import licence ;       the wine-growing zones ;
whereas experience has shown that in the case of
certain products , transactions relate to small quan­
tities ; whereas , in order to simplify administrative     Whereas in order to promote an improvement in
procedures , these transactions should be exempted         the quality of wine it would seem advisable to
from the obligation to submit import licences ;            exclude from the scope of the intervention measures,
                                                           with the exception of preventive distillation, those
                                                           wines not reaching a certain degree of actual alco­
Whereas restrictions are at present placed on the          holic strength ;
fixing of reference prices for wine ; whereas expe­
rience has shown that it would be desirable for such
prices to be fixed also in respect of other products       Whereas the sweetening of quality wines psr is
and wines in containers holding two litres or less.        subject to certain restrictive rules with a view to
                                                           preserving the typical character bestowed on each
                                                           quality wine psr by its origin ; whereas the sweetening
                                                           of imported wine intended for direct human con­
Whereas , in order to ensure that the reference price
is adhered to , it is necessary to specify that the        sumption and designated by a geographical indi­
                                                           cation should likewise be forbidden within the
countervailing charge must be fixed by reference
to the customs duties actually levied ;                    territory of the Community ; whereas it is also neces­
                                                           sary to make provision for the possible sweetening
                                                           of imported wines intended for direct human con­
                                                           sumption and which are not designated by a geogra­
Whereas until 31 December 1977 the countervailing          phical indication , to be regulated within the terri­
charge should not be levied on imports into the            tory of the Community ;
United Kingdom and Ireland of grape juice and
concentrated grape juice intended for the production
in these two Member States of products falling             Whereas Article 24 of Regulation ( EEC) No 816/70
within heading No 22.07 of the Common Customs              provides for the compulsory distillation of marc
Tariff for which Member States may allow the               and lees ; whereas , however, application of these
use of a composite name including the word ' wine '        provisions has sometimes revealed the existence
pursuant to the first subparagraph of Article 30 ( 1 )     of certain practical difficulties ; whereas it appears
of Regulation ( EEC) No 816/70 ; whereas this              justified to waive the obligation to deliver alcohol
measure will prevent a too rapid increase in the           not only if those persons subject to this obligation
 ---pagebreak---  24 . 5 . 76                       Official Journal of the European Communities                            No L 135/3
                                                              description ' vino da tavola ' instead of the description
 undertake to process their products into potable             ' vino da pasto ' to the wine defined under item 10
 spirits but also if they ensure that the by-products         of Annex II ;
 of the wine-making process are withdrawn under
 supervision ;
                                                              Whereas, for the purpose of making more effective
                                                              the provisions concerning vine-stock selection , it is
 Whereas, in wine-growing zone A and in the German            important that fresh grapes other than table grapes ,
 part of wine-growing zone B grape marcs and wine             grape must, grape must in fermentation and new
 lees generally contain little alcohol and the costs          wines still in partial fermentation from vine varieties
 involved in recovering it would be very high ;               not included in the classification or obtained from
 whereas, under these conditions , producers in these         vines planted in violation of Community or national
 regions should not be obliged to distil their grape          provisions concerning new planting or replanting
 marcs and wine lees , while remaining subject                of vines should not be put on the market within
nevertheless to the prohibitions in Article 24 ( 1 ) of       the Community ;
that Regulation ;
                                                              Whereas in the light of experience the fermentation
Whereas setting a single final rate for the distilla­         of grape juice and concentrated grape juice should
tion of the by-products of wine-making before the             be prohibited except for the purpose of obtaining
beginning of the wine year does not appear to be              certain products falling within heading No 22.07
the best solution ; whereas the possibility should be         of the Common Customs Tariff ; whereas in this
provided of fixing at a later date a supplementary            connection the putting on the market           of wines
rate additional to the basic rate in the light of the        suitable for yielding table wine which does     not reach
size of the harvest ;                                        the minimum actual alcoholic strength           for table
                                                             wines should also be prohibited and the         definition
Whereas ,     in order to reinforce the obligation to         of sparkling wines revised ;
distil the     by-products of wine-making, producers
who are      subject to this obligation and have not
                                                             Whereas, with a view to maintaining a certain level
complied     therewith shall not qualify for the inter­
vention measures ;
                                                             of quality for the production of products of the
                                                             wine sector and in order to discourage trade in
                                                             products derived from vine varieties not included
Whereas wines made from table grapes belonging               in the classification, provision should be made that
to varieties not listed as wine grapes in the classi­        only grapes from recommended or authorized vine
fication of wine varieties are frequently of insufficient    varieties may be used for the production of grape
quality ; whereas it is therefore advisable to prohibit      must with fermentation arrested by the addition
the placing on the market of such wines and to               of alcohol , concentrated grape must, wine suitable
provide for their compulsory distillation ;                  for yielding table wine, table wine, quality wine psr
                                                             and liqueur wine ; whereas for a transitional period
                                                             it is justifiable for grapes of varieties classified as
Whereas the prohibition on coupage between wines             provisionally authorized and varieties obtained from
originating in third countries should be extended            interspecific crossings to be regarded as suitable
to coupage carried out in the geographical territory         for yielding the products listed ;
of the Community and in free zones ; whereas it is ,
however, appropriate to provide for exceptions for
coupage between wines originating in third countries         Whereas it appears necessary to provide that
and with Community wines in free zones , provided            certain imported wines intended for direct human
that the wine obtained therefrom is intended for
                                                             consumption must have an actual alcoholic strength
reconsignment to third countries ;                           corresponding to that of table wines , other than those
                                                             from zones A and B ; whereas , however , delivery
Whereas, in the light of experience gained particu­          for direct human consumption should be allowed
larly as regards the 1975 harvest, the transitional          in respect of certain wines originating in third coun­
per; od during which the total SOa content of wines          tries and designated by a geographical indication,
imported from third contries and of certain Com­             where the actual alcoholic strength of such wines
munity wines may be higher than that laid down               is at least 8'5° ;
by the Council as the absolute limit, should be exten­
ded by six months ;
                                                             Whereas since oenological practices in certain third
                                                             countries differ from those followed in the Commu­
Whereas , having regard to established and constant          nity, provision should be made for the possibility
usage in much of Italy, the Italian version of               of derogating from the principle that only those
Article 27 ( 1 ) should be so adapted as to limit the       products which have been subject to oenological
 ---pagebreak---  No L 135/4                       Official Journal of the European Communities                                   24. 5 . 76
practices allowed under Community rules , or,                  2.    It shall apply to the following products :
where such rules do not exist, under national rules ,
may be offered or delivered for direct human con­                        CCT
sumption ;                                                             heading                  Description of goods
                                                                         No
Whereas, bearing in mind the interests of consumers            (a) 20.07 A I            Grape juice (including grape
and the desirability of obtaining equivalent treatment                       B I a) 1   must), whether or not contain­
for quality wines psr in third countries, provision                          B I b) 1   ing added sugar, but unfer­
should be made, where reciprocal arrangements                                           mented and not containing spirit
can be established, for the possibility that imported
wines intended for direct human consumption                    ( b) 22.04               Grape must, in fermentation or
designated by a geographical indication and marketed                                    with fermentation arrested other­
in the Community may, in certain circumstances ,                                        wise than by the addition of
                                                                                        alcohol
be controlled and protected as provided for in
respect of quality wines psr ;                                      22.05               Wine of fresh grapes ; grape
                                                                                        must with fermentation arrested
                                                                                        by the addition of alcohol
Whereas it has been found desirable, in order to
facilitate intra-Community trade and to supplement             (c) 08.04 A II           Fresh grapes other than table
accordingly the common import arrangements , to                                         grapes
provide for the establishment not only of the methods               22.10 A             Wine vinegar
of analysis required for the implementation of
Annexes I and II to Regulation ( EEC) No 816/70                (d) 22.07 A              Piquette
but also of all those required for determining the                  23.05 A             Wine lees
composition of the products specified in Article 1 ;                23.06 A I           Grape marc
Whereas fraud and deception must be punished
effectively and speedily ; whereas the growth in              3 . As regards the provisions of Title IV, only
intra-Community trade makes the work of the special           those provisions specified in Articles 27 to 30
departments of Member States more difficult ;                 shall apply to grape juice and concentrated grape
whereas the foundations should be laid for closer             juice. The same shall apply to grape must and
cooperation between the authorities concerned in              concentrated grape must, provided they are
the different Member States in order to prevent               intended for the preparation of grape juice .
or detect any infringement of Community provisions
in the wine sector,
                                                              4.    ( a ) Definitions of alcoholic strengths are as
                                                                          set out in Annex I ;
                                                                    ( b) Definitions of the following are as set
                                                                          out in Annex II :
HAS ADOPTED THIS REGULATION :
                                                                          — fresh grapes , grape must, grape must
                                                                               in fermentation, grape juice, concen­
                                                                               trated grape juice, wine, new wine
                       Article 1                                               still in fermentation, wine vinegar,
                                                                               wine lees , grape marc , piquette , wine
                                                                               fortified for distillation ; and
Article 1 of Regulation ( EEC) No 816/70 shall be
replaced by the following :                                               — Community-produced grape must
                                                                               with fermentation arrested by the
                                                                               addition of alcohol , concentrated
                                                                               grape must, wine suitable for yielding
    ' Article 1                                                                table wine, table wine, liqueur wine,
                                                                               sparkling wine, aerated sparkling
    1 . The common organization of the market in                               wine, semi-sparkling wine and aerated
    wine shall comprise a price and intervention                               semi-sparkling wine ;
    system, a system of trade with third countries ,
    rules concerning production and for controlling                 (c) Definitions of the products listed in (b),
    planting and rules concerning oenological pro­                        second indent, originating in third
    cesses and conditions for release to the market .                     countries , with the exception of table
 ---pagebreak---  24. 5 . 76                       Official Journal of the European Communities                            No L 135/5
              wine and wine suitable for yielding table                               Article 3
              wine, shall be adopted by the Council,
              acting in accordance with the voting
              procedure laid down in Article 43 (2) of        Article 4 of Regulation ( EEC) No 816/70 shall be
              the Treaty on a proposal from the              replaced by the following :
              Commission .
                                                                 ' Article 4
     5. Quality wine produced in specified regions
     (hereinafter called " quality wines psr" are the
     wines defined in Article 1 of Council Regulation             1 . For each type of wine for which a guide
     ( EEC) No 817/70 of 28 April 1970 laying down               price is fixed, the Commission shall , on the basis
     special provisions relating to quality wines                of all the facts available to it, fix each week and
     produced in specified regions (*).                          publish in the " C" series of the Official Journal
                                                                 of the European Communities :
                                                                 — an average producer price (hereinafter called
                         Article 2
                                                                      " iverage price ") for each representative
                                                                      market for the type of table wine in question ;
Article 3 of Regulation ( EEC) No 816/70 shall be                — a weighted average price calculated, for
replaced by the following :                                           each type of table wine, on the basis of the
                                                                      weighting of the lowest average prices
    ' Article 3
                                                                      corresponding to at least 50 % of the quan­
                                                                      tities quoted on the representative markets
                                                                      for the type of table wine in question (herein­
    1 . The Council , acting in accordance with the                   after called " weighted average price").
    voting procedure laid down in Article 43 (2) of
    the Treaty on a proposal from the Commission ,               2. Member States shall supply the Commission
    shall fix annually before 16 December a threshold            with all relevant information for fixing the
    price activating the intervention system (herein­            prices provided for in paragraph 1 , and in parti­
    after called "the activating price") for each type           cular the producer prices recorded on the repre­
    of wine for which a guide price is fixed .                   sentative markets for each type of wine and the
                                                                 quantities to which they relate.
    2. The activating price shall be fixed in the light
    of the following factors :                                   3 . Detailed rules for the application of this
                                                                 Article and in particular the list of representative
    (a) the state of the market and in particular the            markets and the methods for recording prices
         extent of price fluctuations ;                          shall be adopted in accordance with the proce­
                                                                 dure laid down in Article 7 of Regulation No 24. '
    ( b) the need to ensure price stability on the mar­
         kets without causing structural surpluses to
         build up in the Community ;
                                                                                      Article 4
    (c) the quality of the harvest ;
    (d) the information contained in the forward
         estimates provided for in Article 3 of Regu­        The following Article shall be added to Regulation
                                                             ( EEC) No 816/70 :
         lation No 24 on the progressive establish­
         ment of a common organization of the market
         in wine (2).
                                                                 ' Article 4a
    It may not, however, exceed 95 % of the corres­
    ponding guide price.                                         1.    Producers subject to the obligations referred
                                                                 to in Article 24 shall be entitled to benefit from
    3 . The activating price shall be fixed at the               the intervention measures under this Article
    same stage and shall be valid during the same                provided they have complied with the above
    period as the guide price. '                                 obligations for a reference period still to be
                                                                 determined .
í1) OJ No L 99, 5 . 5. 1970, p. 20.                              2 . With the exception of types R III , A II and
(2) OJ No 30, 20. 4. 1962, p. 989/62.                            A III, table wines with an actual alcoholic
 ---pagebreak--- No L 135/6                       Official Journal of the European Communities                           24 . 5 . 76
   strength equal to or less than 9*5         shall be         to which they are closely related economically.
   excluded from all intervention measures apart
   from that referred to in Article 6b .
                                                               3 . Independently of the provisions of para­
                                                               graph 2, short-term contracts may be entered
   3 . The detailed rules for the application of               into in respect of a given wine-growing zone or
   this Article shall be adopted in accordance                 part of a wine-growing zone if in such zone or
   with the procedure laid down in Article 7 of                part of a zone, in particular owing to an excep­
    Regulation No 24. '                                        tionally abundant harvest, an imbalance appears
                                                               at the beginning of the wine year between the
                                                               quantities available and the quantities that can
                                                               be sold.
                       Article 5
                                                               4. Long-term contracts may be entered into
                                                               in respect of certain types of table wine to be
Article 5 of Regulation ( EEC) No 816/70 shall be              specified, if the estimates for a wine year show
replaced by the following :                                    that the quantity of such wines available at the
                                                               beginning of that year exceeds total foreseeable
                                                               requirements for that year by more than four
    ' Article 5                                                months ' consumption.
                                                                For the purpose of calculating the quantity
    1 . A system of aid is hereby instituted for the           available referred to in the preceding sub­
   private storage of table wine and grape must .              paragraph, the quantitative effects of the distil­
    Private storage aid shall be granted subject to            lation of wines produced from table grapes as
   the conclusion with the intervention agencies,              referred to in Article 24b and of the distillation
   on terms and conditions to be determined , of one           decided upon beforehand under Article 24a
   of the following types of storage contract :                shall be deducted .
   — contracts valid for a period of three months ,
        hereinafter called "short-term contracts ";            5 . Where it is permissible to enter into storage
                                                               contracts for a type of table wine, it shall be
    — for table wine only, contracts valid for a               permissible to enter into short-term contracts
        period of nine months, concluded between               for grape must and concentrated grape must.
        16 December and 15 February of the follow­             Such contracts shall be renewable up to the
        ing year, hereinafter called "long-term                beginning of the following marketing year even
        contracts ".                                           if it is no longer permissible to conclude storage
                                                               contracts for a type of table wine.
    2.   Short-term contracts :
                                                               6.    Where and for such time as long-term
                                                               contracts may be entered into , in accordance
    — may be entered into when the weighted                    with paragraph 4, the application of paragraph 2
        average price of a type of table wine remains
                                                               or 3 shall be suspended in respect of the same
        below the activating price for two consecutive         type of table wine. This suspension of applica­
        weeks ;
                                                               tion shall also apply to wines that are closely
                                                               related economically to the table wine concerned.
    — may not be entered into when the weighted
        average price of this type of wine is above
        the activating price for two consecutive               7.    Permission to enter into storage contracts
        weeks .                                                 as provided for in paragraph 2 (second sub­
                                                               paragraph), and paragraphs 3 , 4 and 5 shall
    If the state of the market so requires , a decision         be decided upon in accordance with the procedure
    may be taken to allow short-term contracts to              laid down in Article 7 of Regulation No 24.
    be concluded also in respect of table wines other
    than those of the type for which they may be               The same procedure shall be followed :
    concluded in accordance with the first sub­
    paragraph, where such table wines are closely               (a) for deciding, if justified by the development
    related economically to that type of table wine.                 of the market situation and in particular by
    Short-term contracts may no longer be entered                    the rate of conclusion of storage contracts,
    into in respect of these wines when they are not                 that long-term contracts may no longer be
    permissible in respect of the type of table wine                 entered into even before 15 February ;
 ---pagebreak--- 24. 5 . 76                         Official Journal of the European Communities                          No L 135/7
    (b) for adopting other detailed rules for the                                   Article 7
         application of this Article, and in particular
         the time limit for the decisions to be taken in     The following Article shall be added to Regulation
         accordance with paragraph 2 (second para­           ( EEC) No 816/70 :
         graph) and paragraph 5 .
   8 . The Commission shall decide whether storage               ' Article 6b
   contracts may be entered into as provided for
   in paragraph 2 (first subparagraph) and whether               1 . Where, during the period from 1 September
   they may no longer be entered into as provided                to 15 December, the quantity of table wines of
   for in paragraph 2 (second subparagraph).'                    all types under storage contracts exceeds 10
                                                                 million hectolitres , preventive distillation may
                                                                 be decided on for all wines , other than :
                                                                 — wines produced from table grapes ;
                        Article 6
                                                                 — wines produced from varieties of vines obtain­
                                                                     ed from interspecific crossings (direct producer
Article 6 of Regulation ( EEC) No 816/70 shall be                    hybrids) falling into the category of provi­
replaced by the following :                                          sionally authorized varieties ;
                                                                 — wines suitable for producing certain potable
                                                                     spirits obtained from wine with a registered
    ' Article 6                                                      designation of origin.
                                                                 In years in which the indications are that the
    1.    As soon as private storage aid measures take           harvest will be poor and the measures referred
   effect the intervention agencies designated by                to in Article 24a do not seem necessary, it may
    Member States shall conclude, with producers                 be decided that the wines suitable for producing
    who apply for them , storage contracts in respect            certain potable spirits obtained from wine with
   of the wines and musts affected by these measures .           a registered designation of origin referred to in
                                                                 the preceding subparagraph may be distilled
   2. The conclusion of storage contracts shall be               under the conditions laid down by this Article.
    subject to conditions relating in particular to the          However, the price paid for such wines shall be
    quality of the products in question.                         that laid down in Article 24a (3) for the wine
                                                                 year in question.
   3 . For table wines , storage contracts may con­
    tain provision for the termination of aid pay­               2. The buying-in price for wines delivered for
    ments and the producer 's corresponding obli­                distillation under paragraph 1 shall be 55 %
    gations in respect of all or part of the quantities          of the guide price for table wines of type A I
    stored if, for two consecutive weeks , the weighted          which comes into force in the same year as that
    average price of the type of table wine concerned            of the harvest .
    is equal to or above the guide price for that type           However, for the 1976, 1977 and 1978 harvests
    of table wine .
                                                                 the buying-in price shall be fixed at 68 % , 65 %
                                                                 and 60 % respectively of the guide price referred
   4. The amount of private storage aid may cover                to in the preceding subparagraph.
   only technical storage costs and interest charges ,
    both of which shall be fixed at a standard rate .            The price paid by the distiller may not be lower
                                                                 than the buying-in price.
    However, for long-term storage contracts , the
    amount thus determined may be increased by                   3 . The Council, acting in accordance with
    not more than 20 % to take account of the risks              the voting procedure laid down in Article 43 (2)
    inherent in such contracts .                                 of the Treaty on a proposal from the Commission,
                                                                 shall adopt general rules concerning the distil­
    For concentrated grape musts this amount may                 lation referred to in paragraph 1 and in parti­
    be weighted using a coefficient corresponding to             cular concerning :
    the degree of concentration .
                                                                 — the conditions under which distillation may
                                                                     be carried out,
   5 . Detailed rules for the application of this
    Article shall be adopted in accordance with                  — the criteria for determining the amount
    the procedure laid down in Article 7 of Regu­                    of aid so as to enable the distilled products
    lation No 24.'                                                   to be disposed of.
 ---pagebreak--- No L 135/ 8                       Official Journal of the European Communities                            24. 5 . 76
    4. The decision to carry out the distillation               4.    The decision to invoke the measures referred
    referred to in paragraph 1 and the detailed rules           to in paragraph 1 and the detailed rules for the
    for the application of this Article shall be adopted        application of this Article shall be adopted in
    in accordance with the procedure laid down                  accordance with the procedure laid down in
    in Article 7 of Regulation No 24.'                          Article 7 of Regulation No 24.
                                                                5 . The provisions of this Article shall only
                                                                apply to the 1976/77, 1977/78 , 1978/79 and
                        Article 8                               1979/80 wine years.'
The following Article shall be added to Regulation
( EEC) No 816/70 :                                                                  Article 9
                                                            Article 7 of Regulation ( EEC) No 816/70 shall be
    ' Article 6c                                            replaced by the following :
    1 . Where the market support measures referred              ' Article 7
    to in this Regulation are inadequate and where
    the weighted average price of a type of table
    wine remains lower than the activating price                1 . Where the application of the market support
    for three consecutive weeks, additional measures            measures provided for in this Regulation is
    applicable to holders of long-term storage                  unlikely to be effective in restoring price levels,
    contracts for the type of table wine in question            the Council, acting in accordance with the voting
    shall be taken to maintain prices at a level higher         procedure laid down in Article 43 (2) of the
    than the activating price.                                  Treaty on a proposal from the Commission ,
                                                                shall adopt provisions concerning the distillation
                                                                of table wines .
    2. The additional measures referred to in para­
    graph 1 shall become applicable at the normal               2.    Such    measures   shall  state  under   what
    date of expiry of the storage contracts concerned           conditions distillation may be carried out and
    and in respect of wines which, when taken out                shall fix the price of the wine delivered for dis­
    of storage, comply with conditions to be laid               tillation .
    down .
                                                                These conditions, which may be varied accord­
    These measures may consist in particular :                   ing to the wine-growing zone :
    — in storage of the wines in question during a               (a) shall be such as to ensure that the balance of
         period to be determined in accordance with                   the market in ethyl alcohol is not adversely
         the conditions laid down for long-term                       affected .
         storage,                                                (b) shall not be such as to encourage production
     — in the distillation of these wines or of a
                                                                      of wine of insufficient quality.
         corresponding quantity thereof, at the acti­
         vating price obtaining at the time when these           3 . Detailed rules for the application of this
         long-term storage contracts are concluded .             Article shall be adopted in accordance with
                                                                 the procedure laid down in Article 7 of Regula­
      Such measures may or may not be combined.                  tion No 24 .'
     3 . The Council, acting in accordance with
     the voting procedure laid down in Article 43 (2)                                Article 10
     of the Treaty on a proposal from the Commission,
     shall adopt general rules concerning the distilla­      Article 8 of Regulation ( EEC) No 816/70 shall be
     tion referred to in paragraph 2 and in particular       replaced by the following :
     concerning :
     — the conditions under which distillation may
         be carried out,                                         ' Article 8
      — the criteria for determining the amount                   1 . Imports into the Community of any of the
          of aid so as to enable the distilled products          products listed in Article 1 (2) (a) and (b) shall
          to be disposed of.                                      be made conditional on the submission of an
 ---pagebreak--- 24 . 5 . 76                      Official Journal of the European Communities                          No L 135/9
     import licence. Exports of any of the products                 within subheading 20.07 B I of the Common
     referred to in Article 1 (2) may be made condi­                Customs Tariff ;
    tional on the submission of an export licence.
                                                               — concentrated grape juice (including grape
                                                                    must) falling within subheading 20.07 A I
    2 . Member States may issue a licence to any                    and B I of the Common Customs Tariff ;
     applicant irrespective of the place of his esta­
     blishment in the Community.                               — grape must with fermentation arrested by the
                                                                    addition of alcohol within the meaning of
    The licence shall be valid throughout the Commu­                Additional Note 4 ( a) to Chapter 22 of the
     nity.                                                          Common Customs Tariff ;
                                                               — wine fortified for       distillation  within  the
    The issue of such licences shall be conditional
                                                                    meaning of Additional Note 4 (b) to Chapter
     on the lodging of a deposit guaranteeing that                  22 of the Common Customs Tariff ;
    importation or exportation is effected during the
    period of validity of the licence ; the deposit            — liqueur wine within the meaning of Addi­
    shall be forfeited in whole or in part if the                   tional Note 4 (c) to Chapter 22 of the Com­
    transaction is not effected, or is only partially               mon Customs Tariff.
     effected, within that period.
                                                               Where wines are presented in containers of
    3 . The list of products for which export
                                                               two litres or less , the reference price shall be
    licences are required shall be determined in               increased by a fixed amount corresponding to
     accordance with the procedure laid down in                the normal packaging cost.
     Article 7 of Regulation No 24.                            Special reference prices may be fixed in respect
                                                               of the products referred to in the first and third
    The period of validity of licences and other
     detailed rules for the application of this Article        subparagraphs if they have special character­
    shall be determined in accordance with the same            istics or are intended for special uses .
    procedure. '                                               Reference prices shall be valid from 16 December
                                                               of the year in which they are fixed until 15 Decem­
                                                               ber of the following year.
                       Article 11
                                                               2. In respect of each product for which a
Article 9 of Regulation ( EEC) No 816/70 shall be              reference price is fixed, a free-at-frontier offer
replaced by the following :                                    price for all imports shall be determined on the
                                                               basis of all available information .
                                                               If exports from one or more third countries are
     ' Article 9
                                                               effected at abnormally low prices, lower than
                                                               the prices ruling in other third countries, a
     1 . A reference price shall be fixed annually by          second free-at-frontier offer price shall be
     16 December for the following products packed             determined for exports from these other countries .
     in bulk :
     — red wine,                                               3 . Where the free-at-frontier offer price for a
    — white wine,
                                                               product for which a reference price is fixed plus
                                                               the customs duties actually charged is lower
         falling within subheading 22.05 C of the              than the reference price for that product, im­
         Common Customs Tariff.                                ports of that product shall be subject to a coun­
                                                               tervailing charge equal to the difference between
    These reference prices, expressed in units of              the reference price and the free-at-frontier
    account per degree/hi or in units of account per           offer price plus the customs duties actually
    hi, shall be fixed on the basis of the guide prices        charged.
    for the types of red and white table wine most
    representative of Community production, plus               However, the countervailing charge shall not
    the costs incurred by bringing Community                   be levied
    wines to the same marketing stage as imported              — on imports from third countries which are
    wines .
                                                                   prepared and in a position to guarantee that
    Reference prices shall also be fixed in respect of :           the price for imports of products originating
                                                                    in and coming from their territory will not
    — grape juice (including grape must) falling                    be lower than the reference price less the
 ---pagebreak---   No L 135/ 10                       Official Journal of the European Communities                             24 . 5 . 76
          customs duties actually charged and that                  Customs Tariff, such levy to be established as
          any deflection of trade will be avoided ;                specified in the following paragraphs.
      — until 31 December 1977, on imports into the
          United Kingdom and Ireland of grape juice                2. The levy per 100 kilogrammes net weight
          (including grape must) and concentrated                  of imported product shall be equal to the differ­
         grape juice (including grape must) intended               ence between :
         for the production in those two Member
          States of products falling within heading                ( a) the average of the threshold prices for one
          No 22.07 of the Common Customs Tariff for                     kilogramme of white sugar fixed for each
          which Member States may allow the use of                      of the three months of the quarter for
          a composite name including the word " wine"                   which the said difference is to be determined,
         pursuant to the first subparagraph of Ar­                      and
          ticle 30 ( 1 ).
                                                                   (b) the average of the cif prices for one kilo­
      A decision may be taken not to levy all or part                   gramme of white sugar adopted for fixing
     of the countervailing charge on imports of                         the levies applicable to white sugar, calcu­
     certain quality wines produced in third countries .                lated over a period comprising the first 15
                                                                        days of the month immediately preceding the
                                                                        quarter for which the difference is to be deter­
     4. Where it is impossible to determine a free­                     mined and the two months immediately
     at-frontier offer price for a product for which                    preceding that month, that difference being
     a reference price has been fixed, a derived                        multiplied by the figure shown in column 1
     countervailing charge shall be fixed. The                          of Annex V for the product in question.
     derived countervailing charge shall be established
     by multiplying the countervailing charge valid                If the amount specified in (b) is higher than that
     for a product closely related economically to the             specified in (a), no levy shall be charged .
     product concerned by a coefficient established
     by reference to the ratio existing on the Commu­
     nity market between the average prices of the                 3 . The difference as specified in paragraph 2
     product concerned.                                            shall be determined by the Commission for each
                                                                   quarter of the calendar year.
     5 . The Council, acting in accordance with
     the voting procedure laid down in Article 43 (2)             4. If the threshold price referred to in para­
     of the Treaty on a proposal from the Commission ,            graph 2 (a) is altered during any quarter, the
     shall adopt general rules for the application                 Council , acting in accordance with the voting
     of this Article.                                             procedure laid down in Article 43 (2) of the
                                                                  Treaty on a proposal from the Commission, shall
                                                                  decide whether the difference should be adjusted
     6. Reference prices , countervailing charges and             and , if so, shall prescribe the measures to be
    detailed rules for the application of this Article            taken to that end .
     shall be adopted in accordance with the procedure
    laid down in Article 7 of Regulation No 24.'
                                                                  5 . If, on the 15th of the month preceding the
                                                                  quarter for which the difference as specified in
                                                                  paragraph 2 is to be determined , an item neces­
                          Article 12                              sary for the calculation of that difference is
                                                                  not known, the Commission shall calculate the
                                                                  difference using in place of the missing item the
The following Article shall be added to Regulation                figure taken into consideration in calculating
( EEC) No 816/70 :                                                the difference applicable during the current
                                                                  quarter.
    ' Article 9a                                                  A corrected difference shall be determined by the
                                                                  Commission and shall be operative from the
                                                                  16th day at the latest following the day on
    1.    In addition to the customs duties and coun­             which the missing item becomes known.
    tervailing charge referred to in Article 9 (3), a
    levy on added sugar content shall be charged                  If, however, the item in question does not become
    on imports of the products referred to in Article 1           known until after the beginning of the last
    (2) (a) falling within subheadings 20.07 Alb) 1 ,             month of the quarter in question , the difference
    B I b) 1 aa) 11 and B I b) 1 bb) 11 of the Common             shall not be corrected.
 ---pagebreak--- 24. 5 . 76                          Official Journal of the European Communities                           No L 135/11
    6. If the added sugar content per 100 kilo­                    heading No 17.01 and of glucose and glucose syrup
    grammes net weight of imported product, as                     falling within subheading 17.02 B II , whether
    determined in accordance with paragraph 8 ,                    or not in the form of products falling within
    is less by two kilogrammes or more than that                   subheading 17.02 B I, incorporated in the products
    content as expressed by the figures shown in                   falling within subheadings 20.07 Alb) 1 , B I b)
    column 1 of Annex V for the product in question                1 aa) 11 and B I b) 1 bb) 11 of the Common
    and if the importer so requests , the levy shall               Customs Tariff. The refund shall be granted on
    be calculated per 100 kilogrammes net weight                   application by the party concerned.
    of imported product by multiplying the difference
    specified in paragraph 2 by a figure representing
    the added sugar content defined in paragraph 8 .               2. The refund to be granted per 100 kilo­
                                                                   grammes net weight of exported product shall
                                                                   be equal :
    7. If the added sugar content per 100 kilo­
    grammes net weight of imported product, as                     — in the case of raw sugar and white sugar, to
    determined in accordance with paragraph 8 ,                         the refund, fixed per kilogramme of sucrose
    is higher by three kilogrammes or more than                         in accordance with Article 19 of Council
    that content as expressed by the figure shown                       Regulation ( EEC) No 3330/74 of 19 Decem­
    in column 1 of Annex V, the levy shall be calcula­                  ber 1974 on the common organization of the
    ted in accordance with paragraph 6.                                 market in sugar (3), as last amended by
                                                                        Regulation ( EEC) No 832/76 (4), and with
    8 . The figure to be regarded as representing                       the provisions adopted in implementation
    the added sugar content shall be that obtained                      thereof for the products specified in Article 1
    by refractometry as described in Annex III                          ( 1 ) (d) of that Regulation, multiplied by a
    to Council Regulation ( EEC) No 865/68 of                           figure expressing the quantity of sucrose
    28 June 1968 on the common organization of the                      utilized per 100 kilogrammes net weight of
    market in products processed from fruit and                         finished product ;
    vegetables (*), as last amended by Regulation
    ( EEC) No 981/75 (2), multiplied by the factor                 — in the case of glucose and glucose syrup , to
    0*95 in the case of the grape juices specified in                   the respective refunds fixed for those products
                                                                        in accordance with Article 16 of Council
    Annex V to this Regulation, minus the figure
    shown in column 2 of that Annex for the product                     Regulation (EEC) No 2727/75 of 29 October
    in question .                                                       1975 on the common organization of the
                                                                        market in cereals (5), as last amended by
                                                                        Regulation ( EEC) No 832/76, and with
    9 . Such detailed rules as may be required for                      the provisions adopted in implementation
    the application of paragraphs 1 to 8 shall be                       thereof, multiplied by a figure expressing the
    adopted in accordance with the procedure                            quantity of glucose or glucose syrup utilized
    laid down in Article 7 of Regulation No 24.                         per 100 kilogrammes net weight of finished
                                                                        product.
    10. The Council, acting in accordance with
    the voting procedure laid down in Article 43 (2)               The figures expressing the quantities of sucrose,
    of the Treaty on a proposal from the Commission ,              glucose or glucose syrup shall be determined on
    may amend Annex V. '                                           the basis of the information supplied under
                                                                   Article 4 of Regulation ( EEC) No 865/68 .
                        Article 13                                 3 . The Council, acting in accordance with the
                                                                   voting procedure laid down in Article 43 (2)
The following Article shall be added to Regulation                 of the Treaty on a proposal from the Commission ,
( EEC) No 816/70 :                                                 shall adopt general rules for granting refunds.
                                                                   4.     Such detailed rules as may be required for
    ' Article 10a                                                  the application of this Article shall be adopted
                                                                   in accordance with the procedure laid down
                                                                   in Article 7 of Regulation No 24. '
     1 . A refund shall be granted in respect of
    exports to third countries of sugars falling within
                                                               (3) OJ No L 359, 31 . 12. 1974, p. 1 .
(*) OJ No L 153 , 1 . 7. 1968, p. 8.                           (4) O J No L 100, 14. 4. 1976, p. 1 .
(a) OJ No L 95, 14. 4. 1975, p. 2.                             (5) OJ No L 281 , 1 . 11 . 1975, p. 1 .
 ---pagebreak--- No L 135/12                       Official Journal of the European Communities                              24. 5 . 76
                       Article 14                               — the possibility for a Member State to dero­
                                                                     gate from the provisions of paragraph 2
The following Article shall be added to Regulation                   with a view to investigating the suitability
( EEC) No 816/70 :                                                   of a vine variety for its environment, under­
                                                                    taking scientific research, selective breeding
                                                                     and hybridization, or the production of
                                                                     material for the vegetative propagation of
    ' Article 10b                                                    grape vines reserved for export.
    1 . The levy referred to in Article 9a ( 1 ) and the        2. Without prejudice to stricter Community
    refund referred to in Article 10a shall be those            provisions, only recommended varieties and
    applicable on the day of importation or expor­              authorized vine varieties may be used for new
    tation .                                                    planting, replanting or grafting in the Commu­
                                                                nity.
    2. To qualify for the refund referred to in Article
    10a the products listed in the same Article must            3 . The phasing out of wine-growing, on areas
    be accompanied by a declaration from the party              planted with :
    concerned indicating the amounts of sucrose,                (a) vine varieties classified, on 31 December
    glucose and glucose syrup incorporated therein.                   1976, as provisionally authorized varieties ,
                                                                      must be carried out :
    3 . Where the provisions of Article 9a (6) and (7)                — before 31 December 1979 for varieties
    apply, the products listed in paragraph 1 of the
    same Article must be accompanied by a declar­                         obtained from interspecific crossings (di­
    ation from the importer indicating the added                          rect producer hybrids);
    sugar content established by the method des­                      — before     31   December    1983   for   other
    cribed in Article 9a ( 8) ; however, where this                       varieties ;
    condition is not fulfilled Article 9a (6) shall not
     apply.                                                     ( b) varieties classified as provisionally authorized
                                                                      after 31 December 1976, must be carried
                                                                      out no later than 15 years from the date on
    4. The accuracy of the declaration referred to                    which the variety was thus classified ;
    in the preceding paragraphs shall be subject
    to control by the competent authorities of the               (c) unclassified varieties, must be carried out by
     Member State concerned .                                         31 December 1976 .
                                                                4.    The classification of the vine varieties and
    5 . Detailed rules for the application of this
     Article shall be adopted as necessary in accor­            other procedures for the application of this
     dance with the procedure laid down in Article 7             Article shall be adopted in accordance with the
     of Regulation No 24.'                                      procedure laid down in Article 7 of Regulation
                                                                No 24.'
                        Article 15
                                                                                      Article 16
 Article 16 of Regulation ( EEC) No 816/70 shall be
 replaced by the following :                                 Article 18 of Regulation ( EEC) No 816/70 shall be
                                                             replaced by the following :
     ' Article 16
                                                                 ' Article 18
     1 . The Council, acting on a proposal from the              1.   Where climatic conditions have made it
     Commission in accordance with the voting pro­
     cedure laid down in Article 43 (2) of the Treaty,           necessary in certain wine-growing zones of the
     shall adopt general rules for the classification            Community, the Member States concerned may
     of vine varieties. These rules shall in particular          permit the natural alcoholic strength , actual or
     provide for :                                               potential, of fresh grapes, grape must, grape must
                                                                 in fermentation and new wine still in fermen­
     — a classification of such vine varieties , by              tation, obtained from the vine varieties covered
         administrative units or parts thereof, into             by Article 27a, as well as that of wine suitable
         recommended varieties, authorized varieties             for yielding table wine and that of table wine,
         and provisionally authorized varieties ;                to be increased .
 ---pagebreak--- 24 . 5 . 76                      Official Journal of the European Communities                          No L 135/13
    The products referred to in the first subparagraph                              Article 18
    may not be subjected to an increase in natural
    alcoholic strength except where their minimum          The first indent of Article 20 ( 1 ) of Regulation ( EEC)
    natural alcoholic strength is as follows :             No 816/70 shall be replaced by the following :
    — wine-growing zone A : 5°,                                ' — partial deacidification in wine-growing zones
                                                                     A, B, C I (a) and C I (b).'
    — wine-growing zone B : 6°,
    — wine-growing zone C I (a): 7*5°,
                                                                                    Article 19
    — wine-growing zone C I (b): 8° ,
    — wine-growing zone C II : 8*5°,                       Article 21 of Regulation ( EEC) No 816/70 shall be
    — wine-growing zone C III : 9° .                       replaced by the following :
    The increase in     minimum     natural   alcoholic
                                                               ' Article 21
    strength shall be effected according to the oeno­
    logical processes referred to in Article 19 and            1 . The sweetening of table wines shall only be
    may not exceed the following limits :                      authorized :
    — wine-growing zone A : 3*5° ,                             (a) with grape must which has at most the same
    — wine-growing zone B : 2-5°,                                   total alcoholic strength as the table wine in
                                                                    question, if the fresh grapes, the grape must,
    — wine-growing zone C : 2° .                                    the grape must in fermentation, the new
                                                                    wine still in fermentation or the wine suitable
    The limit referred to in the previous subpara­                  for yielding table wine from which it has
    graph for wine-growing zone A is raised to 4°                   been produced, or the table wine itself have
    until 31 January 1980 for products from produc­                 been the subject of one of the processes
    tion areas to be determined and originating from                mentioned in Article 19 ( 1 );
    red vine varieties to be determined .
                                                                (b) with concentrated grape must or grape must,
                                                                    provided that the total alcoholic strength of
    2.   In years when climatic conditions have been                the table wine in question is not raised by
    exceptionally unfavourable the alcoholic strength               more than 2° , if the products mentioned
    provided for in the third subparagraph of para­                 under ( a) have not been the subject of one
    graph 1 may be increased to the following level :               of the processes mentioned in Article 19 (1 ).
    — wine-growing zone A : 4*5°,
                                                               2. The sweetening of imported wines intended
    — wine-growing zone B : 3-5°.                              for direct human consumption and designated
    The limit referred to in the first indent of the           by a geographical indication shall be forbidden
                                                               within the territory of the Community.
    preceding subparagraph shall be increased to
    5° until 31 January 1980 for products coming              The sweetening of imported wines other than
    under the fourth subparagraph of paragraph 1 .             those referred to in the first subparagraph shall
                                                               be made subject to rules to be determined.
    3 . The wine-growing zones referred to in this
     Article are set out in Annex III .                        3 . Detailed rules for the application of this
                                                                Article shall be adopted in accordance with the
                                                               procedure laid down in Article 7 of Regulation
    4. Detailed rules for the application of this              No 24.'
    Article, and in particular the decisions autho­
    rizing the increases provided for in paragraph 2,
                                                                                    Article 20
    shall be adopted in accordance with the procedure
    laid down in Article 7 of Regulation No 24.'
                                                           Article 24 of Regulation ( EEC) No 816/70 shall be
                                                           replaced by the following :
                       Article 17
                                                               ' Article 24
The words ' in wine-growing zone C I ', in the first            1 . The overpressing of grapes, whether or not
subparagraph of Article 19 (6) of Regulation ( EEC)            crushed, and the pressing of wine lees shall be
No 816/70, shall be replaced by the words ' in wine­           prohibited, as also the refermentation of grape
growing zones C I (a) and C I (b)'.                            marc for purposes other than distillation.
 ---pagebreak--- No L 135/ 14                    Official Journal of the European Communities                           24 . 5 . 76
  2. Except in the case of the producers referred             7.   Detailed rules for the application of this
  to in paragraph 5 and save where a derogation               Article and in particular the standard natural
  is decided on by the Council, acting on a proposal          alcoholic strength referred to in paragraph 3
  from the Commission in accordance with the                  shall be adopted in accordance with the procedure
  voting procedure laid down in Article 43 (2) of             laid down in Article 7 of Regulation No 24.'
  the Treaty, any natural or legal person or group
  of such persons who turn into wine fresh grapes ,
  grape must, grape must in fermentation or new                                  Article 21
  wine still in fermentation shall be required to
  distil the wine lees and grape marc which result        The following Article shall be added to Regulation
  from the process or, failing that, a corresponding      ( EEC) No 816/70 :
  quantity of wine from his own harvest.
                                                              ' Article 24a
  3 . The quantity of alcohol contained in products
   delivered for distillation in accordance with              1 . The quantities of alcohol referred to in
  paragraph 2 shall be 10 % at most of the volume             Article 24 (3 ) may be increased .
   of alcohol naturally contained in the products
   used for the production of wine. The assessment            The additional rate to be fixed shall range from 0
                                                              to 6 % . It shall be fixed on the basis of data
   of that volume shall be made on the basis of a
                                                              contained in the forward estimate before 15 De­
   standard natural minimum alcoholic strength
                                                              cember of each year. The rate actually applied
   laid down for each wine year in each wine­                 must however be such as to ensure that each
   growing zone.
                                                              region of the Community bears a fair share of
                                                              the obligation and that the compulsory distilla­
   4. Those subject to the obligation to distil               tion of wines obtained from table grapes re­
   referred to in paragraph 2 may under certain               ferred to in Article 24b is taken into account .
   conditions free themselves of this obligation :
                                                               In the case of table wines, a decision may be
   — by using the lees, the marc, or where appro­             taken to adjust the additional rate on the basis
       priate the wine concerned for the production           of :
       of potable spirits, or
                                                              — the yield per hectare,
   — by the withdrawal under supervision of the
       by-products of the wine-making process.                — the vine variety,
                                                              — the colour of the wine
   5 . Producers whose vineyards are situated in
   wine-growing zone A or in the German part of               — the alcoholic strength .
   wine-growing zone B shall not be subject to the
   obligation to distil laid down in paragraph 2.              2. The increase referred to in paragraph 1 shall
                                                               apply to all wine producers except those :
   6. The Council, acting on a proposal from the               — whose vineyards are situated in the Italian
   Commission, in accordance with the voting pro­                  parts of zones C ;
   cedure laid down in Article 43 (2) of the Treaty,
   shall adopt provisions concerning the distillation          — who produce quality wines psr ; the exception
   of the products concerned and in particular :                   shall cover the part of their production to
                                                                   which this designation applies ;
   — the price to be paid, according to their alcohol
       content, for marc, lees and any wine delivered          — who are exempt under Article 24 (2) and (5 )
       for distillation ;                                          and the second subparagraph of (6).
    — the criteria for determining the amount                  A decision may be taken to adjust the rules
        of aid so as to enable the distilled products          governing the application of this paragraph in
        to be disposed of ;                                    accordance with criteria to be determined for
                                                               each region.
   — the share of the cost borne by the interven­
       tion agencies to be financed by the European            3 . The buying-in price for wine delivered for
       Agricultural Guidance and Guarantee Fund ,              distillation under paragraph 1 shall be 50 % of
        Guarantee Section ;                                    the guide price for table wine of type A I which
                                                               enters into force in the year of the harvest
   — detailed rules governing the application of the           concerned .
       provisions of paragraph 4.
                                                                For the 1976/77, 1977/78 and 1978/79 wine
    Under the same procedure the Council may                   years, however, it shall be 63 % , 60 % and 55 %
   exempt certain production regions from the                  respectively of the guide price referred to in the
    obligation laid down in paragraph 2.                       above subparagraph.
 ---pagebreak--- 24. 5 . 76                        Official Journal of the European Communities                         No L 135/15
   The price paid by the distiller may not be lower             3 . The Council, acting on a proposal from the
   than the buying-in price.                                    Commission in accordance with the voting pro­
                                                                cedure laid down in Article 43 (2) of the Treaty,
   4.    In the 1976/77 and 1977/78 wine years , it             shall adopt general rules concerning the distilla­
    may, at the request of a Member State and in                tion referred to in paragraph 1 and in particular
    certain circumstances, be decided to give the               concerning :
    producer the option of distilling, under the                — the conditions under which distillation may
    conditions provided for in paragraph 3 , wine                     be carried out,
    from vine varieties which are the product of                — the criteria for determining the amount
    inter-specific crossings (direct producer hybrids)                of aid so as to enable the distilled products
    classified among the varieties provisionally                     to be disposed of.
    authorized.
                                                                4. The detailed rules for the application of this
    5 . The Council, acting on a proposal from the              Article and the derogation referred to in para­
    Commission in accordance with the voting pro­               graph 1 shall be adopted in accordance with the
    cedure laid down in Article 43 (2) of the Treaty,           procedure laid down in Article 7 of Regulation
    shall adopt general rules concerning the distilla­          No 24.
    tion referred to in paragraph 3 and in particular :
                                                                This same procedure shall apply for laying
    — the conditions under which distillation may               down the conditions under which the provi­
        be carried out,                                         sions of paragraph 1 shall apply to the varieties
    — the criteria for determining the amount                   included in the classification for the same admi­
        of aid so as to enable the distilled products to        nistrative unit as both wine grapes and table
        be disposed of.                                         grapes. These conditions shall ensure that
                                                                the quantities of wine obtained by turning
    6. The decisions fixing the additional rate pro­            into wine grapes from the above varieties har­
    vided for in paragraph 1 and allowing distillation          vested within the administrative unit concerned
    as provided for in paragraph 4 as well as detailed          which are normally used for wine-making are
    rules for applying this Article shall be adopted            exempted from the obligations laid down in
    in accordance with the procedure laid down in               paragraph 1 .'
    Article 7 of Regulation No 24.'
                                                                                    Article 23
                       Article 22
                                                             Article 26 of Regulation ( EEC) No 816/70 shall be
                                                             replaced by the following :
The following Article shall be added to Regulation              ' Article 26
( EEC) No 876/70 :
                                                                 1 . Where coupage takes place, and subject to
                                                                the provisions of the following paragraphs, only
    ' Article 24b                                               products resulting from coupage between table
                                                                wines or from coupage of table wines with wines
    1 . Except where a derogation has been decided              suitable for yielding table wines shall be consi­
    on , wines made from table grapes belonging to               dered as table wines, provided that the wines
    varieties not listed as wine grapes in the classifi­         suitable for yielding table wines have a total
    cation of vine varieties for the administrative              natural alcoholic strength not exceeding 17° .
    unit in which they originate may only be trans­
    ported to a distillery for the purposes of distilla­        2. Without prejudice to the provisions of the
     tion .                                                      fifth subparagraph of Article 27 (4), coupage of
                                                                 a wine suitable for yielding a table wine with :
    2. The buying-in price for wine delivered for                ( a) a table wine, may yield a table wine only if
    distillation under paragraph 1 shall be 50 %                      that process takes place in the wine-growing
    of the guide price for table wine of type A 1                      zone where the wine suitable for yielding a
    which enters into force in the year of the harvest                 table wine was produced ;
    concerned.
                                                                 (b) another wine suitable for yielding a table
    However, for the 1976/77, 1977/78 and 1978/79                      wine, may yield a table wine only if :
     wine years , it shall be 63 % , 60 % and 55 %                     — the second wine suitable for yielding a
    respectively of the guide price referred to in the                     a table wine was produced in the same
     above subparagraph.                                                   wine-growing zone and
    The price paid by the distiller may not be less                    — the process takes place in the same wine­
    than the buying-in price.                                              growing zone.
 ---pagebreak--- No L 135/16                       Official Journal of the European Communities                          24 . 5. 76
    3 . Coupage of a wine suitable for yielding a                                  Article 25
    white table wine or of a white table wine with
    a wine suitable for yielding a red table wine or
    with a red table wine may not yield a table wine.       Article 27 of Regulation ( EEC) No 816/70 shall be
                                                            replaced by the following :
    However, this provision shall not prevent, in
    certain cases to be determined, the coupage of
    a wine suitable for yielding a white table wine             ' Article 27
    or of a white table wine with a wine suitable for
    yielding a red table wine or with a red table
    wine, provided that the resultant product has               1 . The description "table wine" shall be limited
    the characteristics of a red table wine.                   to wine defined under item 10 of Annex II .
    4. Except where a derogation has been decided
    on by the Council, acting in accordance with the           2. Of the products falling within Common
    voting procedure laid down in Article 43 (2)               Customs Tariff heading No 22.05, only liqueur
    of the Treaty on a proposal from the Commission,           wines, sparkling wines, aerated sparkling wines,
    coupage of a wine originating in a third country           semi-sparkling wines, aerated semi-sparkling
    with a Community wine and coupage in the                   wines, quality wines psr, and, where appropriate
    geographical territory of the Community bet­               by derogation from Article 28a ( 1 ), the wines
    ween wines originating in third countries shall            mentioned in Article 28 ( 1 ) and ( la) and table
    be prohibited.                                             wines may be offered or disposed of for direct
                                                               human consumption within the Community.
    However, coupage of the type referred to in the
    previous subparagraph shall be permitted in free
    zones provided that the resultant wine is intended         3.    From 1 September 1971 :
   for reconsignment to a third country.
                                                               (a) Except in the case of bottled wine in respect
   The Council shall, acting on a proposal from the                 of which there is proof that bottling was
    Commission in accordance with the voting pro­                   effected prior to the above date, wine other
    cedure laid down in Article 43 (2) of the Treaty,               than quality wine psr, obtained from the
    adopt before 1 September 1976 provisions for                    vine varieties referred to in Article 27a but
    the application of the previous subparagraph, in                not corresponding to the definitions con­
    particular provisions on the description of the                 tained under items 9 to 15 of Annex II may
    wine concerned and for the avoidance of any                     be used only for consumption in the families
    confusion with a Community wine.                                of individual wine growers, for the produc­
                                                                    tion of wine vinegar or for distillation .
    5.   Should difficulties arise in certain wine­
   growing regions of the Community as a result of                  However, in years when the climatic condi­
    application of the provisions of paragraphs 1 to                tions have been unfavourable, it may be
   4, the Member States concerned may inform the                    decided that products from wine-growing
    Commission, which shall take all appropriate                    zones A and B which do not possess the
    measures ; such measures may not, however,                      minimum natural alcoholic strength laid
    restrict application of the rules laid down in this             down for the wine-growing zone in question
    Article on the subject of coupage.                              may be used in the Community for the pro­
                                                                    duction of sparkling wine and aerated
   6. Detailed rules for the application of this                    sparkling wine, provided that such wines
    Article, in particular as regards the use of wines              have an actual alcoholic strength of not less
   suitable for yielding table wines, shall be adopted,             than 8*5° or for the production of aerated
    where necessary, in accordance with the proce­                  semi-sparkling wine. In this event, they
   dure laid down in Article 7 of Regulation                        shall be enriched subject to the limits in
    No 24.'                                                         Article 18 (2);
                       Article 24
                                                               (b) unless a derogation is decided on by the
                                                                    Council, acting in accordance with the
                                                                    voting procedure laid down in Article 43 (2)
1.   31 August 1976, the date referred to in the se­                of the Treaty on a proposal from the Commis­
cond and third subparagraphs of Article 26a ( 1)                    sion :
of Regulation (EEC) No 816/70, shall be replaced
by 28 February 1977.                                                — fresh grapes,
2. 30 June 1976, the date referred to in Article 26a                — grape must,
(2) of Regulation ( EEC) No 816/70, shall be re­
placed by 31 December 1976.                                         — grape must in fermentation,
 ---pagebreak--- 24 . 5 . 76                         Official Journal of the European Goripmunraies                      mil mm
          — new wines still in fermentation,                     only for ^distillation* or ' for consumption irt the
                                                                families ofitidividwai wiwe-growers. [
          — and wine,
         from vine varieties not included in the classi­         Wine fortified fox distillation may only be used
          fication may only be put into circulation for          for distillation .
         the purposes of distillation or vinegar making.
         These products may also be used for con­                5 . The derogations pjroyided for in the first
         sumption in the families of wine-growers.               and second subparagraphs of paragraph 3 (a),
                                                                 together with detailed rifles for the applipa^pij
    3a . Grapes obtained from vines planted in                   of this Article, shall big; ^dppted according ,tp
    violation of Community or national provisions               the procedure laid down in Article 7 of Regula­
    concerning new planting or replanting of vines               tion No 24.'
    may not be used for producing table wine.
    Products made from such grapes may only be
    put into circulation for the purposes of distil­
                                                                                     Article 26
    lation. However, these products may not be
    used in the preparation of spirits with an actual
    alcoholic strength of 80° or less.                       The following Article shall be added to Title IV of
                                                              Regulation ( EEC) No 816/70 :
    4. Without prejudice to any more restrictive
    provisions which may be applied by Member
    States for the preparation in their territory of
                                                                 ' Article 27a
    products not falling within heading No 22.05 of
    the Common Customs Tariff, alcohol-muted
    fresh grape must may by used only in the prepa­              1 . Unless otherwise decided by the Council
    ration of such products .                                    acting on a proposal from the Commission in
    Grape juice and concentrated grape juice origi­              accordance with the voting procedure laid down
    nating in the Community may not be made into                 in Article 43 (2) of the Treaty, only grapes from
                                                                 recommended or authorized vine varieties as
    wine nor be added to wine. These products
                                                                 referred to in Article 16 and products derived
    shall be subject to control with respect to their
     use .
                                                                from such grapes may be used within the Commu­
                                                                 nity for the production of :
    These products may not undergo alcoholic fer­
    mentation in the territory of the Community.                — grape must with fermentation arrested by the
                                                                     addition of alcohol,
    This provision shall not apply to products
    intended for the production in the United                    — concentrated grape must,
    Kingdom and Ireland of products falling within
    heading No 22.07 of the Common Customs                      — wine suitable for yielding table wine,
    Tariff, for which Member States may allow
    the use of a composite name including the word              — table wine,
    " wine" pursuant to the first subparagraph of
    Article 30 ( 1 ).                                           — quality wine psr,
    Wine suitable for yielding table wine which does            — liqueur wine.
   not reach the minimum actual alcoholic strength
   for table wines may not be put on the market
    except for the production of sparkling wine,                2. However, grapes from tracts of land planted
    vinegar making, distillation and other industrial           with varieties classified as provisionally autho­
    uses. The enrichment of such wine and coupage               rized shall also be regarded as suitable for
    thereof with a table wine in order to bring its             yielding products listed in paragraph 1 , with the
    actual alcoholic strength up to the level laid              exception of quality wine psr :
    down for a table wine may only take place on
    the premises of the wine maker or on his behalf.             (a) where such grapes belong to :
    With the exception of alcohol, potable spirits                   — varieties obtained frofo interspecific cross­
    and piquette, neither wine nor any other beve­                        ings (direct producer hybrids): until
   rage intended for direct human consumption may                         31 December 1979 ;
    be made from wine lees or grape marc originating                 — other varieties : until 31 December 1983 ,
    in the Community.
                                                                          provided that such varieties have been
    Piquette, in so far as its production is authorized                   classified as provisionally authorized
    by the Member State concerned , may be used                           before 31 December 1976 ;
 ---pagebreak--- No L 135/ 18                        Official Journal of the European Communities                           24. 5 . 76
   (b) where the variety in question has been                    (a) for allowing certain wines originating in
         classified as provisionally authorized after                 third countries as referred to in paragraph 1
         31 December 1976, for a period of 15 years                   (b) designated by a geographical description
         from the date the variety is so classified '.                to be delivered for direct human consumption
                                                                      if their actual alcoholic strength amounts to
                                                                      at least 8'5° or their total alcoholic strength
                                                                      exceeds 15° without any enrichment ;
                         Article 27
                                                                 (b) for dispensing with the certificate and the
Article 28 of Regulation ( EEC) No 816/70 shall be                    analysis report provided for in paragraph 1 (a)
replaced by the following :                                           in the case of certain products referred to in
                                                                      paragraph 1 which are transported in limited
                                                                       quantities and packed in small containers.
    ' Article 28
                                                                 2. Unless otherwise decided by the Council
    1 . The products referred to in Article 1 (2) (a)            acting on a proposal from the Commission in
    and (b) may be imported only if the following                accordance with the voting procedure laid down
    conditions are fulfilled :                                   in Article 43 (2) of the Treaty, fresh grapes,
                                                                 grape must, grape must in fermentation , concen­
    (a) in respect of all the abovementioned products :          trated grape must, grape must with fermentation
                                                                 arrested by the addition of alcohol, grape juice
          — if they correspond to the provisions                 and concentrated grape juice originating in third
             governing production, marketing and,                countries may not be turned into wine or added
             should such be the case, delivery for               to wine in the territory of the Community.
             direct human consumption in the third
             countries in which they originate, and               However, such operations shall be permitted in
             proof of fulfilment of this condition is            free zones , provided the wine so obtained is
             furnished in the form of a certificate               intended for consignment to a third country.
             issued by a competent body, included on
             a list to be decided on, in the third country       The Council, acting on a proposal from the
             in which the product originates ;                    Commission shall before 1 September 1976 in
                                                                  accordance with the voting procedure laid down
          — where they are intended for direct human              in Article 43 (2) of the Treaty, adopt provisions
             consumption, if they are accompanied by              for the application of the previous subparagraph,
              an analysis report drawn up by a body               in particular provisions concerning the descrip­
              or service designated by the third country          tion of the wine concerned and for avoiding any
             in which the product originates ;                    confusion with a Community wine.
     (b) in respect of wines intended for direct human            The products referred to in the first subparagraph
          consumption other than liqueur wines and                may not undergo alcoholic fermentation within
          sparkling wines :                                       the customs territory of the Community.
          — if they have an actual alcoholic strength             This provision shall not apply to products
              of not less than 9° and a total alcoholic
                                                                  intended for the production in the United
              strength not exceeding 15° ;                         Kingdom and Ireland of products falling within
                                                                  heading No 22.07 of the Common Customs
          — if they have a total acidity content                  Tariff, for which Member States may allow the
              expressed in tartaric acid of not less than
                                                                  use of a composite name including the word
              4*5 grammes per litre or 60 milliequiva­             " wine" in accordance with the first subparagraph
              lents per litre ;
                                                                  of Article 30 ( 1).
          — if they have a volatile acid content of
              less than 19 milliequivalents per litre.             Without prejudice to any more restrictive pro­
                                                                  visions which may be applied by Member States
                                                                  for the preparation in their territory of products
     la. The Council, acting on a proposal from the                not falling within heading No 22.05 of the
     Commission in accordance with the voting pro­                 Common Customs Tariff, imported fresh grape
     cedure laid down in Article 43 (2) of the Treaty,             must with fermentation arrested by the addition
     shall adopt general rules for the application of              of alcohol may be used only in the preparation
     paragraph 1 .                                                 of these products.
      Provision may be made under the same proce­                  Neither wine nor any other beverage intended
      dure :                                                       for direct human consumption may be made
 ---pagebreak--- 24. 5 . 76                       Official Journal of the European Communities                         No L 135/ 19
   from imported wine lees, grape marc, piquette or            cation of this Article, shall be adopted in accor­
   wine fortified for distillation ; however, potable          dance with the procedure laid down in Article 7
   spirits may be made from imported wine fortified            of Regulation No 24.'
   for distillation.
   3 . The products mentioned in the first subpara­                                Article 29
   graph of paragraph 2 shall be subject to control
   with respect to their use. The addition of an           The following Article shall be added to Regulation
   indicator to imported grape must, imported grape        ( EEC) No 816/70 :
   must in fermentation, imported concentrated
   grape must, imported grape must with fermen­
   tation arrested by the addition of alcohol and              ' Article 28b
   imported grape juice, whether or not concen­
   trated, may be made compulsory.
                                                               1 . For the purposes of marketing within the
                                                               Community, imported wines intended for direct
   4.    Detailed rules for the application of this            human consumption and designated by a geo­
    Article shall be adopted in accordance with the            graphical indication may, where reciprocal
   procedure laid down in Article 7 of Regulation              arrangements can be established , be controlled
   No 24.'
                                                               and protected as provided for in Article 13 of
                                                               Regulation ( EEC) No 817/70 in respect of
                                                               quality wines psr.
                      Article 28
                                                               2.    Paragraph 1 shall be implemented by agree­
                                                               ments with the interested third countries to be
Article 28 of Regulation ( EEC) No 816/70 shall be             negotiated and concluded in accordance with
replaced by the following :                                    the procedure laid down in Article 113 of the
                                                               Treaty.
    ' Article 28a                                              3 . Detailed rules for the application of this
                                                                Article shall be adopted in accordance with the
    1 . Unless otherwise decided by the Council                procedure laid down in Article 7 of Regulation
                                                                No 24 .'
    acting on a proposal from the Commission in
    accordance with the voting procedure laid down
    in Article 43 (2) of the Treaty, products falling                              Article 30
    within heading No 22.05 of the Common Cus­
    toms Tariff, whether imported or not, which             Article 30 of Regulation ( EEC) No 816/70 shall be
    have undergone oenological practices not allowed       replaced by the following :
    by Community rules or, where such rules do
    not exist, by national rules or by rules which do
    not conform either to the provisions of this
    Regulation or to those adopted in implemen­                 ' Article 30
    tation thereof, may not be offered or disposed
    of for direct human consumption .                           1 . The Council, acting in accordance with the
                                                               voting procedure laid down in Article 43 (2) of
   The same shall apply to :                                   the Treaty on a proposal from the Commission ,
    — products referred to in Article 1 (2) (a), ( b)           shall adopt, where necessary, the rules relating
        and (c) which are not sound, fair and of               to the designation and presentation of the pro­
        marketable quality ;                                   ducts listed in Article 1 .
    — products referred to in Article 1 (2) which               Until the entry into force of the rules referred
        do not comply with the definitions appearing           to in the first subparagraph, the rules on this
        in Annex II to this Regulation or those adop­           matter shall be those adopted by the Member
        ted in implementation thereof.                          States .
   2. The conditions governing holding and cir­                 2.   Member States may make the use of a
    culation, the use of products referred to in               geographical description for designating a table
    paragraph 1 and the establishment of criteria for           wine conditional, in particular, on the wine
    the purpose of avoiding excessive rigour in                 having been produced wholly from certain
    individual cases and detailed rules for the appli­          clearly specified vine varieties and coming exclu­
 ---pagebreak--- No L 135/20                      Official Journal of the European Communities                            24. 5 . 76
   siyely, from the territory, precisely demarcated,          date and not conforming to this definition as it
   whose napae it bears.                                       applies after that date may be adopted in accor­
                                                               dance with the procedure laid down in Article 7
   3 . Without prejudice to any additional rules               of Regulation No 24.'
   which may be adopted regarding the designation
   of products, the use of a geographical ascription
   to designate table wines resulting from a coupage                                Article 34
   of wines from grapes harvested in different pro­
   duction areas shall , however, be permitted if at
   least 85 % of the table wine resulting from the         Article 39 of Regulation (EEC) 816/70 shall be
   coupage originates in the production area whose         replaced by the following :
   name it bears .
   However, the use, as a designation of white table           ' Article 39
   wines, of a geographical ascription relating to
   a production area situated within wine-growing
   zone A or wine-growing zone B shall be per­                 1 . Detailed rules for the application of Annexes
   mitted only if the products comprising the                  I and II, and in particular provisions as to the
   coupage are from the wine-growing zone in                   wine-growing areas referred to in point 10 of
   question or if the wine in question is from a               Annex II, shall be adopted in accordance with
   coupage between table wines of wine-growing                 the procedure laid down in Article 7 of ■ Regu­
                                                               lation No 24 .
   zone A and table wines of wihe-growing zone B.
   3a .   Each   Member    State   shall   ensure that         2 . The same procedure shall be used in order
   designated table, wines are controlled and pro­             to lay down :
   tected in accordance with the provisions of                 (a) the methods of analysis for determining the
   paragraph 2.                                                      composition of the products specified in
                                                                     Article 1 and the rules whereby it may be
   4. Detailed rules for the application of this                     established whether these products have
    Article shall be adopted in accordance with the                  undergone processes contrary to authorized
   procedure laid down in Article 7 of Regulation                    oenological practices ;
   No 24.'
                                                               ( b) it required, maximum figures for substances
                                                                     whose presence indicates that certain oeno­
                      Article 31                                     logical practices have been used, and compa­
                                                                     rative analysis tables.
Paragraph 2 of Article 31 of Regulation ( EEC)
                                                               3 . However, where no provision is made for
No 816/70 shall be repealed. Paragraph 3 of that
Article shall become paragraph 2.                              Community methods of analysis or for the rules
                                                               referred to in paragraph 2, the methods of
                                                               analysis to be used shall be :
                      Article 32                                (a) those laid down in Annex A to the Inter­
                                                                     national Convention for the Unification of
                                                                     Methods for the Analysis and Appraisal of
In Article 33 ( 1 ) of Regulation ( EEC) No 816/70                   Wines of . 13 October 1954 ;            ;
the reference to Article 1 (2) (a) shall be replaced
by a reference to Article 1 (2) (b).                            ( b) or where that Annex does not provide for
                                                                     such methods , the methods traditionally
                                                                     used in the Member State concerned.'
                      Article 33
                                                                                    Article 35
Article 37 of Regulation ( EEC) No 816/70 shall be
replaced by the following :
                                                            Article 39a of Regulation ; ( EEC): No 816/70 shall
                                                            be replaced by the following ;
    ' Article 37
   Transitional measures to enable the placing on               ' Article 39a
   the market of table wines obtained before 1 Sep­
   tember 1976 which eonfprm to the definition                  1.    Member States , shall take . all necessary
    in point 10 of Annex II as it applies before that           measures to j ensure compliance with Community
 ---pagebreak---  24. 5 . 76                         Official Journal of the European Communities                           No L 135/21
    provisions in the wine sector. They shall des­                        — obtained by partial dehydration of
    ignate one or more bodies which shall be in­                              grape must carried out by any autho­
    structed to verify compliance with these pro­                             rized method other than direct heat of
    visions .                                                                 a fire in such a way that its density at
                                                                              20 °C is not less than 1*240 ;
    They shall inform the Commission of the name
     and address of :                                                     — derived exclusively from vine varieties
                                                                              referred to in Article 27a ;
    — the bodies referred to in the first subpara­
          graph,                                                          — produced within the Community, and
    — the laboratories responsible for carrying out                       — obtained from grape must having at
                                                                              least the minimum natural alcoholic
          official wine analyses.
                                                                              strength laid down for the wine­
    The Commission shall forward that information                             growing zone in which the grapes were
    to the other Member States.                                               harvested .'
    Where the provisions of Council Regulation                       '9 . Wine suitable for yielding table wine : wine
    ( EEC) No 283/72 of 7 February 1972 concerning                        which :
    irregularities and the recovery of sums wrongly
    paid in connection with the financing of the                          — is derived exclusively from vine varieties
    common agricultural policy and the organization                           referred to in Article 27a ;
    of an information system in this field (1 ), are not                  — is produced in the Community ; and
    applicable, Member States shall put the bodies
    they designate in a position to enter into direct                     — has     at  least the   minimum    natural
    contacts with the appropriate bodies of the                               alcoholic strength laid down for the
    other Member States in order that, through an                             wine-growing zone in which it was
    exchange of information, any infringement of                              produced. '
    the provisions referred to in the first subpara­
    graph may be more easily prevented and revealed.             ' 10. Table wine : wine, other than quality wine
                                                                          psr, which :
    2.     Acting on a proposal from the Commission,                      — is derived exclusively from vine varieties
    the Council, in accordance with the voting proce­                         referred to in Article 27a ;
    dure laid down in Article 43 (2) of the Treaty,
    shall adopt measures to ensure uniform appli­                         — is produced in the Community ;
    cation of these Community provisions in the                           — has, following application, if any, of
    wine sector, particularly as regards controls.                           the processes specified in Article 19 , an
                                                                              actual alcoholic strength of not less
    3 . Detailed rules for the application of the                            than 8*5° provided that it derives exclu­
    second subparagraph of paragraph 1 and of                                sively from grapes harvested in wine­
    paragraph 2 shall be adopted in accordance                               growing zones A and B and not less
    with the procedure laid down in Article 7 of                             than 9° in other wine-growing zones,
    Regulation No 24.'                                                       and a total alcoholic strength of not
                                                                             more than 15° ;
                                                                          — has, furthermore, a total acidity content
                        Article 36                                           expressed as tartaric acid of not less
                                                                             than 4*5 grammes per litre, or 60 milli­
Article 40 of Regulation (EEC) No 816/70 shall be                            equivalents per litre.
repealed.
                                                                          However, in the case of wines from certain
                                                                          wine-growing areas to be determined which
                        Article 37                                        have been produced without any enrich­
                                                                          ment    and   do  not  contain   more   than
Annex II to Regulation ( EEC) No 816/70 shall be                          5 grammes of residual sugar, the upper
amended as follows :                                                      limit for the total alcoholic strength may
                                                                          be raised to 17° .'
1 . Points 4, 9, 10, 11 , 14 and 15 shall be replaced
     respectively by the following :                              ' 11 . Liqueur wine : the product which :
       ' 4. Concentrated grape must : uncaramelized                       — is produced in the Community ;
            grape must which is :                                         — has a total alcoholic strength of not less
                                                                             than 17*5° and an actual alcoholic
                                                                             strength of not less than 15° and not
(x) OJ No L 36, 10. 2. 1972, p. 1 .                                          more than 22° ; and
 ---pagebreak--- No L 135/22                          Official Journal of the European Communities                                24. 5 . 76
         — is obtained from grape must or wine,                       ' 15. Aerated semi-sparkling wine : the product
            derived from certain of the vine varieties                       which :
            referred to in Article 27a and having
             a natural alcoholic strength of not less                        — is obtained from table wine, quality
            than 12° :                                                           wine psr or from products suitable for
                                                                                 yielding table wine or quality wine psr ;
             — by freezing, or                                               — has an actual alcoholic strength of not
                                                                                 less than 7° and a total alcoholic
            — by the addition during or after fer­                               strength of not less than 9° ;
                  mentation :
                                                                             — contains      carbon    dioxide  which   has
                    (i) of neutral alcohol of vinous                             been wholly or partially added ; and
                        origin having an actual alcoholic
                        strength of not less than 95° , or                   — has an overpressure of not less than
                                                                                 one and not more than 2*5 atmospheres
                   (ii) of an unrectified product deri­                          when kept at 20 °C in closed containers ;
                        ved from the        distillation of
                        wine and having an actual                            — is put up in containers of less than two
                                                                                 litres . '
                        alcoholic strength of not less
                        than 52° and not more than
                         80°, or                               2.    Point 18 shall be deleted .
                  (iii) of concentrated grape must or>
                        in the case of certain quality
                        liqueur wines produced in spe­                                      Article 38
                        cified regions and appearing on
                        a list to be adopted of wines for
                        which such practice is tradi­           1 . Annex III to Regulation ( EEC) No 816/70 shall
                        tional, of grape must concen­          be replaced by the following :
                        trated by direct heat which,
                        apart from this operation, cor­
                        responds to the definition of
                        concentrated grape must or,
                                                               ' ANNEX III
                  (iv) of a mixture of these products.
         However, certain quality liqueur wines                                       Wine-growing zones
         produced in specified regions and appearing
         on a list to be adopted may be obtained
         from unfermented fresh grape must which                    1 . Wine-growing zone A shall comprise :
         does not need to have a minimum natural
         alcoholic strength of 12°.'                                     ( a) in Germany, the areas under vines in the
                                                                              following Länder : Baden-Württemberg
                                                                              (excluding the Regierungsbezirke Nord­
   ' 14. Semi-sparkling wine : the product which :                            baden and Südbaden), Bayern , Hessen ,
                                                                              Nordrhein-Westfalen,         Rheinland- Pfalz,
         — is obtained from table wine, quality                               Saarland ;
             wine psr or from products suitable for
            yielding table wine or quality wine psr,                     ( b) in Belgium : the Belgian wine-growing
            provided that such wine or products                               area ;
            have a total alcoholic strength of not                       (c) in Luxembourg : the Luxembourg wine­
             less than 9° ;                                                   growing region ;
         — has an actual alcoholic strength of not                       (d) in the Netherlands : the Netherlands wine­
             less than 7° ;                                                   growing area ;
         — contains endogenous carbon dioxide ;                          (e) in the United Kingdom : the United King­
                                                                              dom wine-growing area.
         — has an overpressure of not less than one
             and not more than 2*5 atmospheres                      2. Wine-growing zone B shall comprise :
            when kept at 20 °C in closed containers ;
                                                                         (a) in Germany, in Baden-Württemberg, the
         — is put up in containers of less than two                           areas under vines in Regierungsbezirke
             litres .'                                                        Nordbaden and Südbaden ;
 ---pagebreak--- 24. 5 . 76                         Official Journal of the European Communities                          No L 135/23
       (b) in France, the areas under vines in the                           rault, Pyrénées-Orientales (except the
            following departments :                                          cantons of Olette and Arles-sur-Tech),
            — in Alsace :                                                    Vaucluse ;
                Bas-Rhin , Haut-Rhin ;                                   — in the part of the department of the
            — in Lorraine :                                                  Var bounded in the south by the
                Meurthe-et-Moselle, Meuse, Moselle,                          northern limit of the communes of
                Vosges ;                                                     Evenos, Le Beausset, Solliès-Toucas ,
                                                                             Cuers, Puget-Ville, Collobrieres, La
            — in Champagne :                                                 Garde- Freinet,    Plan-de-la-Tour   and
                Aisne, Aube, Marne, Haute-Marne,                             Sainte-Maxime ;
                Seine-et-Marne ;
                                                                         — in the arrondissement of Nyons and
            — in the Jura :                                                  the cantons of Dieulefit, Loriol, Mar­
                Ain, Doubs, Jura, Haute-Saône ;                              sanne and Montelimar in the depart­
            — in Savoie :
                                                                             ment of the Drôme ;
                Savoie, Haute- Savoie ;                                  — in (the administrative units in) the
            — in the Val de Loire :                                          department of Ardeche not listed in
                                                                             point 3(c);
                Cher, the Deux-Sèvres, the Indre,
                Indre-et-Loire, Loir-et-Cher, Loire­                ( b) in Italy, the areas under vines in the
                Atlantique, Loiret, Maine-et-Loire ,                     following regions :
                Sarthe, Vendée, Vienne, and the wine­                    Abruzzo, Campania , Emilia-Romagna ,
                growing areas under vines in the                         Friuli-Venezia Giulia , Lazio, Liguria ,
                arrondissement of Cosne-sur-Loire in
                                                                         Lombardia , excluding the province of
                the department of the Nièvre.                            Sondrio , Marche, Molise, Piemonte, Tos­
                                                                         canna , Umbria, Veneto, excluding the
   3 . In France, wine-growing zone C la shall
       comprise the areas under vines :                                  province of Belluno, including the islands
                                                                         belonging to those regions , such as Elba
       (a) in the following departments :                                and the other islands of the Tuscan archi­
            Allier , Alpes-de-Haute- Provence, Hautes­                   pelago, the Ponziano Archipelago and
            Alpes, Alpes-Maritimes, Ariège, Aveyron,                     Capri and Ischia.
            Cantal , Charente, Charente-Maritime, Cor­
                                                                 6. Wine-growing zone C III shall comprise :
            rèze, Côte-d'Or, Dordogne, Haute-Ga­
            ronne, Gers , Gironde, Isère, Landes , Loire,           (a) in France, the areas under vines :
            Haute- Loire, Lot, Lot-et-Garonne, Nièvre                    — in the department of Corsica ;
            (excluding the arrondissement of the
            Cosne-sur-Loire), Puy-de-Dôme, Pyrénées­                     — in that part of the department of the
            Atlantiques, Hautes-Pyrénées, Rhône,                             Var situated between the sea and a
            Saône-et- Loire, Tarn, Tarn-et-Garonne,                          line bounded by the communes (which
            Haute-Vienne, Yonne ;                                            are themselves included) of Evenos , Le
       ( b) in the arrondissements of Valence and                            Beausset, Solliès-Toucas , Cuers , Puget­
            Die in the department of the Drôme                               Ville, Collobrieres , La Garde- Freinet,
            (except the cantons of Dieulefit, Loriol ,                       Plan-de-la-Tour and Sainte-Maxime ;
            Marsanne and Montelimar);                                    — in the cantons of Olette and Arles-sur­
       (c) in the department of Ardeche : the whole                          Tech in the department of Pyrénées­
            of the arrondissement of Tournon and the                         Orientales ;
            cantons of Artraigues, Buzet, Coucouron,
            Montpezat-sous-Bauzon,        Privas,  Saint­           (b) in Italy, the areas under vines in the
            Etienne de Lugdarès, Saint-Pierreville,                      following regions :
            Valgorge and la Voulte-sur-Rhône.                            Calabria , Lucania , Puglia, Sardegna and
                                                                         Sicilia, including the islands belonging to
   4. In Italy, wine-growing zone C lb shall                             those regions, such as Pantelleria , Eolie
       comprise the areas under vines in the Valle                       and the Lipari Egadi and Pelagian
       d ' Aosta region and in the provinces of Sondrio,                 Islands. '
       Bonzano, Trento and Belluno .
                                                             2.   Council Regulation (EEC) No 1387/70 of
   5 . Wine-growing zone C II shall comprise :               13 July ' 1970 demarcating the Community wine­
       (a) in France, the areas under vines :                growing zones (*), is hereby repealed .
            — in the following departments :
                Aude, Bouches-du-Rhône, Gard , Hé            (1) OJ No L 155 , 16. 7. 1970 , p . 3 .
 ---pagebreak--- No L 135/24                        Official Journal of the European Communities                                 24. 5 . 76
                                                          Article 39
            In Annex IV to Regulation ( EEC) No 816/70 :
            1 . The table concerning heading No 20.07 of the Common Customs Tariff shall
                 be replaced by the following additional notes and table :
                                                       ' CHAPTER 20
                PREPARATIONS OF VEGETABLES , FRUIT OR OTHER PARTS OF PLANTS
Notes
(unchanged)
The following note shall be added to the Additional Notes :
4. For the purposes of subheadings 20.07 B I a) 1 aa) and 20.07 B lb ) 1 aa), concentrated grape juice (including
   grape must) shall be taken to mean grape juice (including grape must) of a density at 20 °C of not less than
   1-240.
                                                                                                       Rate of duty
     CCT
    heading                                       Description                                 Autonomous
      No                                                                                                       Conventional
                                                                                               % or levy             %
                                                                                                  ( L)
       1                                             2                                              3                4
    20.07      Fruit juices (including grape must) and vegetable juices, whether or not
               containing added sugar, but unfermented and not containing spirit :
               A. Of a specific gravity exceeding 1·33 at 15 °C :
                    I. Grape juice (including grape must) :
                       a) Of a value exceeding 22 u.a. per 100 kg net weight                 50 (b)                  —
                       b) Of a value not exceeding 22 u.a. per 100 kg net weight
                          1 . With an added sugar content exceeding 30 % by weight           50 + ( L) (b)
                          2. Other                                                           50 ( b)                 —
                   II. and III. (unchanged)
               B. Of a specific gravity of 1*33 or less at 15 °C :
                    L Grape, apple and pear juice (including grape must) ; mixtures of apple
                       and pear juice :
                       a) Of a value exceeding 18 u.a. per 100 kg net weight :
                          1 . Grape juice (including grape must) :
                              aa) Concentrated :
                                  11 . With an added sugar content exceeding 30 % by weight  28 ( b)            28 + ads
                                  22. Other                                                  28 ( b)            ( a)
                              bb) Other :
                                  11 . With an added sugar content exceeding 30 % by weight  28 (b)             28 + ads
                                  22. Other                                                  28 (b)              (a)
 ---pagebreak---   24. 5 . 76                                   Official Journal of the European Communities                                                     No L 135/25
                                                                                                                                          Rate of duty
          CCT
        heading                                                   Description                                                  Antonomous
          No                                                                                                                                      Conventional
                                                                                                                               % or levy                 %
                                                                                                                                     ( L)
           1                                                         2                                                                 3                  4
         20.07         B. I.        2. Apple and pear juice :
    (continued')
                                        aa) Containing added sugar                                                            25 (b)               24 + ads
                                        bb) Other                                                                             25 (b)              25
                                    3. Mixtures of apple and pear juice                                                       25                         —
                                b) Of a value of 18 u.a. or less per 100 kg net weight :
                                    1 . Grape juice (including grape must) :
                                        aa) Concentrated :
                                             11 . With an added sugar content exceeding 30 % by weight                       28 + ( L) (b)         28 + ads
                                             22. Other                                                                       28 (b)                (a)
                                        bb) Other :
                                             11 . With an added sugar content exceeding 30 % by weight                       28 + ( L) (b)        28 + ads
                                             22. Other                                                                       28 (b)                ( a)
                                    2 to 4 (unchanged)
                           II. (unchanged)
( a ) See Annex.
( b ) In certain conditions a countervailing charge is provided for in respect of certain products in addition to the customs
       duty .'
                   2.    Under subheading 23.05 B ( Argol), the reference to footnote (a) in column 3 shall
                   be deleted .
                                                                          Article 40
                   The following Annex shall be added to Regulation ( EEC) No 816/70 :
                                                                         ' ANNEX V
                Standard added sugar and natural sugar contents of grape juice and concentrated grape juice
                                                                                                                                 Standard sugar contents
         CCT
       heading                                                   Description                                                     Added               Natural
          No
                                                                                                                                  sugar               sugar
                                                                                                                                    i1 )                 C)
       20.07          Fruit juices (including grape must) and vegetable juices, whether or not
                      containing added sugar, but unfermented and not containing spirit :
                      A. Of a specific gravity exceeding 1*33 at 15 °C :
                            I. Grape juice (including grape must) :
                               b) Of a value not exceeding 22 u.a. per 100 kg net weight :
                                   1 . With an added sugar content exceeding 30 % by weight                                        49                   15
 ---pagebreak--- No L 135 /26                          Official Journal of the European Communities                                 24 . 5. 76
                                                                                                    Standard sugar contents
    CCT
   heading                                           Description                                    Added           Natural
     No
                                                                                                    sugar            sugar
                                                                                                      C)               (*)
    20.07
                 B. Of a specific gravity of 1*33 or less at 15 °C :
 (continued. )
                      I. Grape, apple and pear juice (including grape must) ; mixtures of apple
                         and pear juice :
                         b) Of a value of 18 u.a. or less per 100 kg net weight :
                            1 . Grape juice (including grape must):
                                aa) Concentrated :
                                     11 . With an added sugar content exceeding 30 % by weight        49               15
                                bb) Other :
                                     11 . With an added sugar content exceeding 30 % by weight        49               15 '
                                                            Article 41
               This Regulation shall enter into force on the third day following its publication in the
               Official Journal of the European Communities.
               This Regulation shall apply from 1 September 1976. However, as regards grape juice
               (including grape must) not containing spirit and with an added sugar content exceeding
               30 % by weight falling within heading No 20.07 of the Common Customs Tariff,
               Articles 1 , 10, 11 , 12, 13 , 14, 37 (2), 39 and 40 shall apply from 1 July 1977.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels , 17 May 1976.
                                                                                         For the Council
                                                                                           The President
                                                                                           J. HAMILIUS