31970R0816

234 Official Journal of the European Communities

5.5.70 Official Journal of the European Communities No L 99 / 1

REGULATION (EEC) No 816/70 OF THE COUNCIL bf 28 April 1970 laying down additional provisions for the common organisation of the market in wine

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas the creation of a single Community market for wine involves the introduction of a single trading Having regard to the Treaty establishing the system at the external frontiers of the Community; European Economic Community, and in particular whereas application of the duties in the Common Articles 42 and 43 thereof; Customs Tariff should suffice, as a general rule, to stabilise the Community market by preventing price levels and price fluctuations in third countries from Having regard to the proposal from the Commission; affecting prices ruling within the Community;

Having regard to the Opinion of the European Whereas, however, it is necessary to avoid Parliament1 ; disturbances on the Community market caused by offers made on the world market at abnormal prices; Having regard to the Opinion of the Economic and whereas to that end reference prices should be fixed Social Committee2 ; for wine and customs duties should be increased by a countervailing charge when free-at-frontier offer prices plus customs duties are lower than reference Whereas the operation and development of the com­ ' prices ; mon market in agricultural products must be ac­ companied by the establishment of a common agri­ Whereas, in order to safeguard Community cultural policy to include in particular a common participation in international trade in wine products, organisation of agricultural markets which may take provision should be made for granting refunds on various forms depending on the product; exports of those products to third countries;

Whereas the aim of the common agricultural policy is Whereas, in addition to the system described above, to attain the objectives set out in Article 39 of the and to the extent necessary for the proper working of Treaty ; whereas, in particular in the wine sector, the the export refund mechanism, provision should be need to stabilise markets and ensure a. fair standard made for prohibiting recourse to inward processing of living for the agricultural community concerned arrangements ; makes it desirable that intervention measures may be taken in the form of aid for private storage and, Whereas the competent authorities must be in a where appropriate, by the distillation of table wines; position to keep in touch at all times with trade whereas to that end provision should be made, in movements in order to assess market trends and to respect of each type of table wine representative of take the measures that they call for; whereas, to that Community production, for fixing a guide price and, end, provision should be made for the issue of import derived therefrom, an activating price for intervention, on the basis of which intervention measures may be and if necessary export licences which may include the lodging of a deposit guaranteeing the carrying out taken ; whereas, independently of such measures, it should be possible for intervention to take place at of the transactions for which they have been requested; the beginning of the wine-growing year on the basis of the forward estimate in order to ensure an overall balance during the wine-growing year; Whereas the import system is aimed primarily at ensuring, in view of the special characteristics of the wine market and on the basis of the forward estimate, an effective protection of price levels and a 1 OJ No C 25 , 28.2.1970, p . 33 . preferential outlet for Community produce on the 2 OJ No C 58, 13.6.1968, p . 9 and OJ No C 10, 27.1.1970, p . 1 . internal market; whereas, therefore, imports must not

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disturb the balance between Community availabilities wine; whereas it has proved necessary to fix an upper and requirements ; limit of acidification;

Whereas the application to third countries of Whereas coupage is a widespread oenological Common Customs Tariff duties and, where practice and whereas, in view of its possible appropriate, of countervailing charges makes it consequences, its control is • advisable to prevent possible to dispense with all other protective abuse ; measures at the external frontiers of the Community; whereas, however, that mechanism may prove Whereas sweetening should be controlled in order to defective; whereas, so as not to leave the Community avoid abusive enrichment of wines ; market without defence against disturbances which may arise therefrom after the import barriers which Whereas, in view of the poor quality of wines existed previously have been removed, the obtained from overpressing, provision should be Community should be enabled to take all necessary made for the compulsory distillation of marcs and measures without delay; lees; whereas, however, in order to take into account, production conditions in certain wine growing "Whereas the prices of imported products with added regions, derogations from this measure may be alcohol should be set at a level not less, after customs provided for; clearance, than the minimum production costs of those products in the Community; Whereas, as an aid to regulating and supervising the market, rules should be laid down on the designation Whereas application of the rules of the market and presentation of wines ; organisation may be delayed by disparities between the laws in individual Member States; whereas, to Whereas it may be appropriate, for the making of eliminate those disparities, measures should be adopted relating to the production, composition and certain wines, to authorise the addition of alcohol; whereas, however, this practice must be strictly marketing of the products in question and the controlled; improvement of their quality; whereas, to facilitate control, provision should be made for introducing a Whereas provision must be made for subjecting Community accompanying document and for products covered by this Regulation which are obliging the wholesale trade to keep turnover records ; imported from third countries to rules which ensure a measure of harmony with existing arrangements for Community wines ; Whereas a precise definition of products, in particular of table wine, which come within the scope of this Regulation is indispensable for the efficient Whereas the establishment of a single market in the wine sector involves the removal at the internal application thereof; whereas, since compliance with the conditions laid down for the production of table frontiers of the Community of all obstacles to the wines is only controllable within the Community, the free movement of the goods in question ; whereas, description 'table wine' should be reserved for however, until all necessary administrative Community-grown produce. instruments for the management of the wine market are put into operation, it is indispensable that Whereas in certain years it may be necessary to Member States be furnished with adequate means for avoiding disturbance to their market; permit the enrichment of produce suitable for yielding table wine; whereas, however, it is important, in the interests alike of quality and of the Whereas the establishment of a single market based market, that such enrichment be subject to certain on a common price system would be jeopardised by conditions and limits and that it be applied only to the granting of certain aids ; whereas, therefore the produce of certain vine varieties and of a minimum provisions of the Treaty which allow the assessment of aids granted by Member States and the prohibition ^potential natural alcoholic strength; whereas, since production conditions vary considerably between one of those which are incompatible with the common wine-growing zone of the Community and another, it market should be made to apply to wine; is essential that account be taken of such variations, in particular in respect of enrichment procedure; Whereas with a view to reorganising the market in whereas, however, sugaring should , be restricted to wine, it is desirable that Community rules designed to wine growing regions in which it is authorised on the improve vine-stock selection be drawn up as soon as date of entry into force of this Regulation ; possible; whereas the common organisation should, furthermore, aim to stabilise markets through an Whereas, moreover, acidity is an element in assessing adjustment of resources to needs based, in particular, the quality and a factor affecting the durability of on the rationalisation of wine-growing areas;

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Whereas transitional measures may prove necessary 4. ( a) Definitions of alcoholic strengths are as set out to facilitate the transition from one wine growing in Annex I : year to another ; (b ) Definitions of" the following are as set out in Whereas, pending the entry into force of the common Annex II : organisation of the market in wine, grapes intended for wine making have been subject to the — fresh grapes, grape must, grape must in organisation of the market in fruit and vegetables ; fermentation, grape juice, concentrated grape juice, wine, new wine still in whereas, however, since those products pertain fermentation, wine vinegar, wine lees, directly to the wine growing economy, they should be included in the organisation of the market in argol, grape marc, piquette, wine fortified wine ; for distillation and diluted vinous alcohol ; and Whereas the common organisation of the market in wine must take appropriate account, at the same — Community-produced concentrated grape time, of the objectives set out in Articles 39 and 110 must, wine suitable for yielding table wine, of the Treaty; table wine, liqueur wine, sparkling wine, areated sparkling wine, semi-sparkling wine and aerated semi-sparkling wine ; HAS ADOPTED THIS REGULATION : Article 1 ( c) Definitions of the products listed in (b), second indent, originating in third countries, 1 . The common organisation of the market in with the exception of wine suitable for yielding wine shall comprise a price and intervention system, table wine and table wine, shall be adopted by a system of trade with third countries, rules the Council, acting in accordance with the concerning production and for controlling planting voting procedure laid down in Article 43 (2) and rules concerning oenological processes and con­ of the Treaty on a proposal from the ditions for release to the market. Commission . 2. It shall apply to the following products : 5 . Quality wines produced in specified regions CCT (hereinafter called ' quality wines p.s.r.') are the wines heading Description of goods No defined in Article 1 of Council Regulation (EEC) No 817/701 of 28 April 1970 laying down special (a) 22.04 Grape must, in fermentation or with provisions relating to quality wines produced in fermentation arrested otherwise than specified regions. by the addition of alcohol 22.05 Wine of fresh grapes ; grape must with fermentation arrested by the addition TITLE I of alcohol Prices and intervention (b) 08.04 All Fresh grapes other than table grapes ex 22.10 Edible wine vinegars Article 2

(c) ex 22.07 Piquette 1 . A guide price shall be fixed annually, before 1 ex 22.09 A Diluted alcohols of agricultural origin August, for each type of table wine representative of Community production. 23.05 Wine lees ; argol ex 23.06 A Grape marcs 2. The guide price shall be fixed on the basis of average prices recorded for the type - of wine in question during the two wine-growing years 3 . The rules concerning oenological practices and preceding the date of fixing and on the basis of price conditions for release to the market shall apply, in trends during the current wine-growing year. addition, to the following products : CCT These quotations shall be recorded at the production heading Description of goods stage on the markets in Community wine growing No regions which market a substantial proportion of 20.07 A I their own table wine production. Grape juice (including grape must), B I (a) 1 whether or not containing added (b) 1 sugar, but unfermented and not con­ - taining spirit 1 OJ No L 99, 5.5.1970, p. 20.

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3 . The guide price shall be fixed at the production 2. Member States shall supply to the Commission stage and shall be valid from 16 December of the all relevant information for fixing the average prices year in which it is fixed until 15 December of the and, in particular where there exist representative following year. markets, the producer prices recorded on those markets for each type of wine. It shall be expressed, according to the type of wine, either in units of account per degree/hi or in units of 3 . Detailed rules for the application of this Article, account per hi. including the list of marketing centres, the list of representative markets and the methods of recording prices, shall be adopted in accordance with the 4. The guide prices and the types of wine to which procedure laid down in Article 7 of Regulation No they apply shall be determined in accordance with 24. the procedure laid down in Article 43 (2) of the Treaty. Article 5

Article 3 1 . Private storage aid shall be granted in respect of specified table wines when the forward estimates 1 . The Council, acting in accordance with the for a wine-growing year show that the quantity of voting procedure laid down in Article 43 (2) of the table wine available at the beginning of the Treaty on a proposal from the Commission, shall fix wine-growing year exceeds total foreseeable annually before 16 December, but for the first time requirements for that year by more than five months' before 1 June 1970, a threshold price activating the consumption . intervention system (hereinafter called the 'activating , price') for each type of wine for which a guide price 2. If in a wine-growing zone or part of a is fixed. wine-growing zone an imbalance appears at the beginning of the wine-growing year between the quantities available and the quantities that can be 2. The activating price shall be fixed in the light of sold, in particular owing to an exceptionally the following factors : abundant harvest, a decision may be taken to grant ( a) the state of the market and in particular the private storage aid to the wine growing zone or part extent of price fluctuations; of the wine-growing zone in question.

(b) the need to ensure price stability on the markets 3 . Private storage aid shall also be granted for a without causing structural surpluses to build up type of wine if during the wine-growing year the in the Community; average price for that type of wine remains less than the activating price for two consecutive weeks, and (c) the quality of the harvest; until at all the marketing centres the average price for that type of wine reaches or exceeds the activating (d) the information contained in the forward price for two consecutive weeks . estimates provided for in Article 3 of Regulation No 241 on the progressive establishment of a If the state of the market so requires, a decision may common organisation of the market in wine. be taken to grant aid also for table wines of a type other than that for which the average price remains less than the activating price for two consecutive 3 . The activating price shall be fixed at the same weeks, where such table wines stand in close stage and shall be valid during the same period as the economic relationship with the latter type. guide price. 4. Application of the provisions of paragraphs 2 Article 4 and 3 shall be suspended as long as the provisions of paragraph 1 are applied. 1 . For each type of wine for which a guide price is 5 . The granting of private storage aid shall be fixed the Commission shall fix each week, on the conditional upon the conclusion of storage contracts. basis of all the facts available to it, an average producer price (hereinafter called the 'average price') In the case provided for in paragraph 1 , contracts for each marketing centre for the type of wine in shall be valid for a minimum period of nine months. question . Such contracts (hereinafter called 'long-term contracts') may only be entered into during the period from 1 December to 31 January of the' same 1 OJ No 30, 30.4.1962, p. 989/62. wine-growing year.

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In the cases provided for in paragraphs 2 and 3, Article 7 contracts ' (hereinafter called 'short-term contracts') shall be valid for a period of three months. 1 . Where the granting of aid to private storage alone is unlikely to be effective in restoring price levels the Council, acting in accordance with the 6. In the cases provided for in paragraphs 1 and 2, voting procedure laid down in Article 43 (2) of the the granting of aid shall be determined in accordance Treaty on a proposal from the Commission, shall with the procedure laid down in Article 7 of adopt measures for the distillation of table wines . Regulation No 24.

2. Such measures shall state under what conditions The same procedure shall be followed distillation may be carried out and shall fix the price of the wine delivered for distillation . (a) for deciding, if justified by the development of the market situation and in particular by the rate of conclusions of storage contracts, that such These conditions, which may be varied according to contracts may no longer be entered into even the wine-growing zone : before 31 January; ( a) shall be such as to ensure that the balance of the market in ethyl alcohol is not adversely affected; (b) for adopting other, detailed rules for .. the application of this Article. (b) shall , not be such as to encourage production of wine of inadequate quality. 7. In the case provided for in the first subparagraph of paragraph 3 , the Commission shall 3 . Detailed rules for the application of this Article determine whether aid should be granted or whether shall be adopted in accordance with the procedure short-term contracts should no longer be entered into . laid down in Article 7 of Regulation No 24.

The decision provided for in the second TITLE II subparagraph of paragraph 3 shall be adopted in accordance with the procedure laid down in Article 7 Trade with third countries of Regulation No 24 .

Article 8 Article 6 1 . Imports ' into the Community of any of the products listed in Article 1 (2) shall be made 1 . As soon as private storage aid measures take conditional on the submission of an import licence. effect the intervention agencies designated by Exports from the Community of any such products Member States shall conclude, with producers who may be made conditional on the submission of an apply for them, storage contracts in respect of . the export licence. wines affected by these measures .

2. Member States may issue a licence to any 2. The conclusion of storage contracts shall be applicant irrespective of the place of his subject to conditions relating in particular to the establishment in the Community. quality of the wine in question. The licence shall be valid for a transaction carried Storage contracts may contain provision for the out in the Community from a date to be fixed by the termination of aid payments and the producer's Council, acting in accordance with the voting corresponding obligations in respect, of all or part of procedure laid down in Article 43 (2) of the Treaty the quantities stored if, for two consecutive weeks, on a proposal from the Commission, and from 1 July the average prices for a type of table wine are equal 1970 at the latest. to or higher than the guide price for that type of Until that date such a licence shall be valid only for a table wine. transaction carried out in the Member State which issued it. 3 . The amount of private storage aid may cover The issue o£ such licences shall be conditional on only technical storage costs and interest charges, both of which shall be fixed at a standard rate . the lodging of a deposit guaranteeing that importation or exportation is effected during the period of validity of the licence; the deposit shall be 4. Detailed rules for the application of this Article forfeited in whole or in part if the transaction is not shall be adopted in accordance with the procedure effected, or is only partially effected, within that laid down in Article 7 of Regulation No 24. period.

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3 . The list of products for which export licences A decision may be taken not to levy all or part of the are required shall be determined in accordance with countervailing charge on imports of certain quality the procedure laid down in Article 7 of Regulation wines produced in third countries. No 24 . 4. Where a countervailing charge is fixed in The period of validity of licences and other detailed respect of wine imports, a countervailing charge may rules for the application of this Article shall be also be fixed in respect of imports of other products determined in accordance with the same procedure. listed in Article 1 (2) by applying to the charge fixed for the wine a coefficient representing the ratio existing on the Community market between the Article 9 average price of the product in question and that of the wine. The Council may limit the application of 1 . . A reference price for red wine and a reference the provisions of this paragraph in accordance with price for white wine shall be fixed annually before 16 the procedure laid down in paragraph 5 . December but for the first time before 1 June 1970. 5 . The Council, acting in accordance with the These reference prices, expressed in units of account voting procedure laid down in Article 43 (3 ) of the per degree/hi or in units of account per hi, shall be Treaty on a proposal from the Commission, shall fixed on the basis of the guide prices for the types of adopt general rules for the application of this Article. red and white table wine most representative of Community production, plus the costs incurred by 6. Reference prices, countervailing charges and bringing Community wines to the same marketing detailed rules for the application of this Article shall stage as imported wines. be adopted in accordance with the procedure laid Reference prices shall also . be fixed in respect of down in Article 7 of Regulation No 24. wines which have special characteristics or which are intended for special uses. Article 10 Reference prices shall be valid from 16 December of the year in which they are fixed until 15 December of 1 . To the extent necessary to enable the products the following year. listed in Article 1 (2) to be exported in economically significant quantity on the basis of the prices for However, prices fixed before 1 June 1970 shall be those products on the world market, the difference valid from 1 June 1970 until 15 December 1970 . between those prices in and prices in the Community may.be covered by an export refund. The Council 2. In respect of each wine for which a reference may limit the application of the provisions of this price is fixed, a free-at-frontier offer price for all paragraph in accordance with the procedure laid imports shall be determined on the basis of all down in paragraph 3 . available information. 2. The refund shall be the same for the whole If exports from one or more third countries are Community. It may be varied according to use or effected at abnormally low prices, lower than the destination . prices ruling in other third countries, a second free­ at-frontier offer price shall be determined for exports The refund shall be granted on application. from these other countries . 3 . The Council, acting in accordance with the 3 . "Where the free-at-frontier offer price for a voting procedure laid down in Article 43 (2) of the wine, plus customs duties, is lower than the reference Treaty on a proposal from the Commission, shall price for that wine, a countervailing charge equal to adopt general rules for the granting of export refunds the difference between the reference price and the and criteria for fixing the amount of such refunds . free-at-frontier offer price plus customs duties shall be levied on imports of that wine and of wines in the 4. Detailed rules for the application of this Article same category. shall be adopted in accordance with the procedure laid down in Article 7 of Regulation No 24. However, the countervailing charge shall not be levied as regards third countries which are prepared Refunds shall be fixed at regular intervals in and in a position to guarantee that the price for accordance with the same procedure. imports of products originating in and coming from their territory will not be lower than the reference 5 . Where necessary the Commission may, at the price less customs duties and that any deflection of request of a Member State or on its own initiative, trade will be avoided. alter the refunds in the intervening period.

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Article 11 Article 14

To the extent necessary for the proper working of 1 . If by reason of imports or exports the the common organisation of the market in wine, the Community market in one or more of the products Council, acting in accordance with the voting listed in Article 1 (2) experiences or is threatened procedure laid down in Article 43 (2) of the Treaty with serious disturbances which may endanger the on a proposal from the Commission, may prohibit, in objectives set out in- Article 39 of the Treaty, whole or in part, the use of inward processing appropriate measures may be applied in trade with arrangements in respect of some or all of the third countries until such disturbance or threat of products listed in Article 1 (2). disturbance has ceased.

In assessing whether the situation justifies the Article 12 application of such measures, account shall be taken in particular: 1 . The general rules for the interpretation of the (a) of the quantities for which import licences have Common Customs Tariff and the special rules for its been issued or requested and of the information application shall apply to the tariff classification of provided by the forward estimate; products covered by this Regulation ; the tariff nomenclature resulting from application of this (b) of the extent of any intervention measures. Regulation shall be incorporated in the Common Customs Tariff. The Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty 2. Save as otherwise provided in this Regulation on a proposal from the Commission, shall adopt or where derogation therefrom is decided by the rules for the application of this paragraph and define Council, acting in accordance with the voting the cases in which and the limits within which procedure laid down in Article 43 (2) of the Treaty Member States may take protective measures. on a proposal from the Commission, the following shall be prohibited : 2. If the situation mentioned in paragraph 1 arises, the Commission shall, at the request of a Member ( a) the levying of any charge having effect equivalent State or on its own initiative, decide upon the to a customs duty, subject to the provisions of necessary measures ; the - measures shall be Article 2 of Council Regulation (EEC) No communicated to the Member States and shall be 541 /701 of 20 March 1970 relating to the immediately applicable. If the Commission receives a agriculture of the Grand Duchy of Luxembourg ; request from a Member State, it shall take a decision thereon within twenty-four hours following receipt of (b ) the application of any quantitative restriction or the request. measure having equivalent effect.

3 . The measures decided upon by the Commission The restriction of import or export licences to a may be referred to the Council by any Member State - specified category of those entitled to receive them within three working days following the day on shall be one of the measures considered as having which they were communicated . The Council shall effect equivalent to a quantitative restriction. meet without delay. It may amend or repeal the measures in question in accordance with the voting Article 13 procedure laid down in Article 43 (2) of the Treaty.

1 . Imports of products listed in Article 1 (2) to TITLE III which alcohol has been added, with the exception of products correlated with those originating in the Rules concerning production and for controlling Community in respect of which such addition is planting allowed in application of Article 25 ( 1 ) and (2), shall be prohibited. Article 15

2. Detailed rules for the application of this Article, 1 . The following shall be prohibited : and in particular the conditions under which products are considered as being correlated, shall be . ( a) aids for ,new vine planting; adopted in accordance with the procedure laid down (b) aids for replanting which have the effect of in Article 7 of Regulation No 24. increasing wine production beyond the levels resulting from vineyard rationalisation and afford 1 OJ No L 68 , 25.3.1970, p . 3 . . no qualitative improvement in production.

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2 . However, the granting of national aids may be 4. Each year, before 31 December, the authorised, case by case, in accordance with the Commission shall submit a report to the Council procedure laid down in Article 7 of Regulation No which, in particular, records the ratio between 24, if those aids relate to wine-growing regions for production and utilisation and estimates foreseeable which : changes in that ratio on the basis, in particular, of the forecasts provided for in paragraph 3 . (a) wine-growing provides a major element of agricultural income; 5 . If that report shows that production is tending (b) the granting of such aids is likely to improve that to exceed foreseeable utilisation and, as a income . consequence, is liable to endanger the income of wine growers, the Council shall adopt, in accordance with the procedure laid down in Article 43 (2) of the Article 16 Treaty, within the framework of a compulsory Com­ munity plan, the provisions regarding new planting and replanting of vines which are necessary to 1 . The Council, acting in accordance with the prevent the formation of structural surpluses. voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, shall adopt general rules for the classification of vine 6. The provisions of this Article shall not prevent varieties approved for cultivation in the Community. the application of more restrictive national These rules shall in particular provide a classification regulations regarding new planting and replanting of vines . of such vine varieties, by administrative units or parts thereof, into recommended vine varieties, authorised vine varieties and provisionally authorised vine 7. Detailed rules for the application of paragraphs varieties . 1 , 2 and 3 shall be adopted in accordance with the procedure laid down in Article 7 of Regulation No The classification of vine varieties shall be adopted 24 . before 1 September 1970 in accordance with the procedure laid down in Article 7 of Regulation No TITLE IV 24 .

Rules concerning oenological processes and 2. From 1 September 1971 only recommended or conditions for release to the market authorised vine varieties may be used for new vine planting, replanting or grafting. Article 18

Article 17 1 . "Where climatic conditions have made it necessary in certain wine-growing zones of the 1 . Any natural or legal person intending to plant Community, the Member States concerned may or replant vines during the following wine-growing permit the natural alcoholic strength, actual or year shall notify the competent authorities of the potential, of fresh grapes, grape must, grape must in Member State concerned of such intention before 1 fermentation , new wine still in fermentation, September of each year. obtained from the vine varieties covered by Article 16, as well as wine suitable for yielding table wine and table wine, to be increased . 2 . The competent authorities of the Member State concerned shall acknowledge receipt of the Such increase, which may only be effected according notification specified in paragraph 1 by issuing a to the processes described in Article 19 and then only licence prior to the planting or replanting. if the minimum natural alcoholic strengths indicated hereinafter are attained, shall not exceed the 3 . On the basis of the notifications specified in following limits : paragraph 1 Member States shall send to the Commission annually before 1 November a national Wine-growing zone A : forecast showing : (a) for all wines except those covered by (b):3-5° ; (a) the areas which will be planted or replanted with (b ) for red wines produced in wine-growing areas to vines during the next wine growing year; be determined and from vine varieties to be determined, until 31 January 1980 : 4° ; from 1 ( b ) the production potential of those areas. February 1980 : 3-5° ;

The forecast for the 1970/71 wine-growing year may provided that the natural alcoholic strength of the be drawn up from estimates. products in question is at least 5° ,

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Wine-growing zone B : (b) in respect of grape must, by adding sucrose or concentrated grape must or by partial 2-5°, provided that the natural alcoholic strength of concentration ; the products in question is at least 6° . (c) in respect of wine suitable for yielding table wine Wine-growing zones C : and table wine, by partial concentration through cooling. 2°, provided that the natural alcoholic strength of the products in question is at least: 2. The processes mentioned in paragraph 1 shall 7 in zone C I ; be mutually exclusive.

8° in zone C II; 3 . The addition of sucrose provided for in 8-5° in zone C III. paragraph 1 (a) and (b) may only be made by sugaring in the dry and only in wine-growing regions in which it is traditionally or exceptionally practised Products harvested in Community regions . not in accordance with legislation existing at the date on included in the above list shall be subject to the limits which this Regulation enters into force. applicable to wine-growing zone A. However, until 30 June 1979, sucrose may be added 2. In years when climatic conditions have been in aqueous solution in certain wine-growing regions exceptionally unfavourable the increases in alcoholic of wirie-growing zone A, provided that the increase strength provided for in paragraph 1 may be raised in volume of the product to which the solution is to : added does not exceed 15% .

Wine-growing zone A: 4. The addition of concentrated grape must shall (a) for all wines except those covered by ( b ): 4-5° ; not have the effect of increasing the initial volume of fresh crushed grapes, grape must, grape must in ( b ) for red wines produced in wine-growing areas to fermentation or new wine still in fermentation, by be determined and from vine varieties to be more than 11% in wine-growing zone A, 8% in determined, until 31 January 1980 : 5° ; from 1 wine-growing zone B and 6-5% in wine-growing February 1980 : 4-5°, zones C.

provided that the natural alcoholic strength of the If Article 18 (2) is applied, the limits on increases of products in question is at least 5° . volume shall be raised to 15% in wine-growing zone A and to 11% in wine-growing zone B. Wine-growing zone B : 3*5° , provided that the natural alcoholic strength of 5 . The subjection of grape must, of wine suitable the products in question is at least 6° . for yielding table wine or of table wine to concentration shall not have the effect of reducing 3 . The wine-growing zones referred to in this the initial volume of these products by more than Article are set out in Annex III to this Regulation. 20% and in no case shall it increase by more than 2° their natural alcoholic strength. They shall be defined by the Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the 6. In no case shall the above-mentioned processes Commission . have the effect of raising to more than 11-5° in wine-growing zone A, 12° in wine-growing zone B, 12-5° in wine-growing zone C I, 13° in wine-growing 4. Detailed rules for the application of this Article, zone C II and 13-5° in wine-growing zone C III, the and in particular the decisions authorising the total alcoholic strength of the fresh grapes, the grape increases provided for in paragraph 2, shall be must, the grape must in fermentation, the new wine determined in accordance with the procedure laid still in fermentation, the wine suitable for yielding down in Article 7 of Regulation No 24. table wine or the table wine which were the subject of those processes. Article 19 However, for red wine, the total alcoholic strength of the products , mentioned in the first subparagraph 1 . The increase in natural alcoholic strength may be raised to 12° in wine-growing zone A and provided for in Article 18 may only be effected: 12-5° in wine-growing zone B. ( a) in respect of fresh grapes, grape must in fermentation or new wine still in fermentation, 7. Wine suitable for yielding table wine and table by adding sucrose or concentrated grape must; wine may not be concentrated when the products

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from which they were obtained have themselves been (b) with concentrated grape must or grape must, the subject of the processes mentioned in paragraph 1 provided that the total alcoholic strength of the (a) and (b). table wine in question is not raised by more than 2° , if the products mentioned under (a) have not been the subject of one of the processes 8 . Detailed rules for the application of this Article mentioned in Article 19 ( 1 ). shall be adopted in accordance with the procedure laid down in Article 7 of Regulation No 24. 2. Detailed rules for the application of this Article shall be adopted in accordance with the procedure Article 20 laid down in Article 7 of Regulation No 24.

1 . Fresh grapes, grape must, grape must in Article 22 fermentation and new wine still in fermentation may be the subject of: 1 . None of the processes mentioned in Articles 19 — partial deacidification in wine-growing zones A, B and 20 shall be authorised unless carried out as a and C I ; single operation at the time when the fresh grapes, — acidification and deacidification in wine-growing grape must, grape must in fermentation or new wine zone C II, without prejudice to the provisions of still in fermentation are being turned into wine paragraph 3 ; suitable for yielding table wine or into table wine, and in the wine-growing zone where the fresh grapes — acidification in wine-growing zone C III. used have been harvested. The same shall apply to the concentration of wines suitable for yielding table Acidification may only be carried out within an wines and of table wines . upper limit of 1-50 g/1 expressed in tartaric acid. Each of the processes referred to in the first Moreover, grape must intended for concentration subparagraph must be notified to the competent may be the subject of partial deacidification. authorities ; the same shall apply in respect of the quantities of sugar and concentrated grape must held 2. In years when climatic conditions have been by the natural or legal persons engaging in those exceptional, acidification of the products mentioned processes . in paragraph 1 may be authorised in wine-growing zone C I ; in the same circumstances the upper limit 2. Except by way of derogation justified by of 1-50 g/1 laid down in paragraph 1 may be raised to exceptional climatic conditions, those processes may 2-50 g/1 provided that the natural acidity of the only be carried out : products is not - less than 3 g/1 expressed in tartaric acid . — before 1 January, in wine-growing zones C ;

— before 16 March, in wine-growing zones A and B ; 3 . Acidification and enrichment, except by way of derogation to be decided case by case, and and only for products of the wine harvest acidification and deacidification of one and the same immediately preceding those dates. product are mutually exclusive processes . However, concentration by cooling may be practised throughout the year. 4. Detailed rules for the application of this Article shall be adopted in accordance with the procedure 3 . Detailed rules for the application of this Article, laid down in Article 7 of Regulation No 24. and in particular derogations from the closing dates laid down in paragraph 2, shall be adopted in Article 21 accordance with the procedure laid down in Article 7 of Regulation 24. 1 . The sweetening of table wine shall only be authorised : Article 23 ( a) with grape must which has at most the same total alcoholic strength as the table wine in question, if Except by way of derogation decided by the Council, the fresh grapes, the grape must, the grape must acting in accordance with the voting procedure laid in fermentation, the new wine still in down in Article 43 (2) of the Treaty on a proposal fermentation or the wine suitable for yielding from the Commission, the mixing of fresh grapes, table wine from which it has been produced, or grape must, grape must in fermentation or new wines the table wine itself have been the subject of one still in fermentation, unless one of these products of the processes mentioned in Article 19 ( 1); possesses the characteristics prescribed for making

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wine suitable for yielding table wine or for making 2. The Council, acting in accordance with the table wine, with products suitable for yielding such voting procedure laid down in Article 43 (2) of the wines or with table wine may not furnish wine Treaty on a proposal from the Commission, shall suitable for yielding table wine or table wine. decide on derogations from the provisions of paragraph 1, in particular in respect of special uses or Article 24 in respect of products intended for export.

1 . The overpressing of grapes, whether or not 3 . Detailed rules for the application of this Article crushed, and the pressing of wine lees shall be shall be adopted in accordance with the procedure prohibited, as also the refermentation of grape marc laid down in Article 7 of Regulation No 24. for purposes other than distillation.

Article 26 2. Except by way of derogation decided by the Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty 1 . "Where coupage takes place, only products on a proposal from the Commission, any natural or . resulting from the coupage between table wines and legal person who turns into wine fresh grapes, grape from the coupage of table wines with wines suitable must, grape must in fermentation or new wine still in for yielding table wines shall be considered as table fermentation shall be required to distil the wine lees wines, provided that the suitable wines in question and grape marc which result from the process or, have a total natural alcoholic strength not exceeding failing that, a corresponding quantity of wine. 17° and subject to the provisions of the following paragraphs. The quantities of alcohol to be delivered to intervention agencies designated by Member States 2. The coupage of a wine suitable for yielding a shall be 10% at most of the volume of alcohol table wine from a given wine-growing zone with a contained naturally in the products used for the table wine produced in another wine-growing zone production of the wine. The assessment of that volume shall be made on the basis of a standard may yield a table wine only if that process takes place in the wine-growing zone where the wine natural minimum alcoholic strength laid down for suitable for yielding a table wine was produced. each wine-growing year in each wine-growing zone. Coupage between wines suitable for yielding table The obligation to distil may under certain conditions wines shall be authorised only if they are produced in be discharged by the production of potable spirits. the same wine-growing zone and if coupage is carried out in the said zone. 3 . The Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, may 3 . Coupage of a wine suitable for yielding a white exempt certain production regions from the table wine or of a white table wine with a wine obligation laid down in paragraph 2. suitable for yielding a red table wine or with a red table wine may not yield a table wine. In accordance with the same procedure the Council shall fix the price to be paid for alcohol delivered to However, that provision shall not prevent, in certain intervention agencies and shall determine the share of cases to be determined, the coupage of a wine the cost which is attributable to those agencies and suitable for yielding a white table wine or of a white which will be financed by the European Agricultural table wine with a wine suitable for yielding a red Guidance and Guarantee Fund, Guarantee Section, table wine or with a red table wine, provided that the and the conditions under which potable spirits may resultant product has the characteristics of a red table be produced in place of alcohol. wine .

4. Detailed rules for the application of this Article, 4. The coupage of an imported wine with a and in particular the percentage mentioned in Community wine and the coupage on Community paragraph 2 and the standard natural alcoholic territory of imported wines shall be prohibited except strength, shall be determined in accordance with the by way of derogation to be decided by the Council, procedure laid down in Article 7 of Regulation No acting in accordance with the voting procedure laid 24. down in Article 43 (2) of the Treaty on a proposal from the Commission. Article 25

1 . "With the exception of the products defined 5 . Should difficulties arise in certain wine-growing under items 11 and 21 of Annex II, the addition of regions of the Community as a result of application alcohol to the products listed in Article 1 (2) shall be of the provisions of paragraphs 1 to 4, the Member prohibited. States concerned may inform the Commission

Official Journal of the European Communities 245

thereof, which shall take all necessary measures; such definitions contained in items 9 and 10 of Annex measures may not, however, restrict application of II may be used only for consumption in the the rules laid down in this Article on the subject of families of individual wine growers, for the coupage . production of wine vinegar or for distillation.

However, in years when climatic conditions have 6. Detailed rules for the application of this Article, been unfavourable, products from wine-growing in particular as regards the control of coupage and zones A and B which do not possess the the use of wines suitable for yielding table wines, minimum natural alcoholic strength laid down shall be adopted in accordance with the procedure for the wine growing zone in question may be laid down in Article 7 of Regulation No 24. used in the Community for the production of sparkling wine or aerated sparkling wine, Article 27 provided that these wines have an actual alcoholic strength of not less than 8-5° . 1 . The description 'table wine' shall be limited to the wine defined under item 10 of Annex II. (b) Fresh grapes, grape must, grape must in fermentation, new wines still in fermentation and 2. (a) Of the products falling within Common wines derived from vine varieties other than Customs Tariff heading No 22.05 only liqueur those referred to above shall not be put on the wines, sparkling wines, aerated sparkling market within the Community. They may be wines, semi-sparkling wines, aerated used only for consumption in the families of semi-sparkling wines, quality wines p.s.r., the individual wine growers and shall not be wines mentioned in Article 28 ( 1 ) and table delivered to a co-operative society . wines may be offered or disposed of for direct human consumption within the Community. 4. Grape juice and concentrated grape juice originating in the Community shall not be turned ( b ) However, until 31 August 1971 the provisions into wine or be used in wine production. These of ( a) shall not prevent wines other than table products shall be subject to control with respect to . wines from being traded within the their use . Community and from being offered or disposed of for direct human consumption, if With the exception of alcohol, potable spirits and such wines have been produced before the piquette, neither wine nor any other beverage entry into force of this Regulation and intended for direct human consumption shall be provided that they have: made from the products specified in items 17, 19, 21 and 22 of Annex II. — an actual alcoholic strength of not less than 8-5° and a total alcoholic strength Piquette, in so far as its production is authorised by not exceeding 15° or, if the wine was the Member State concerned, ifiay be used only for produced without any enrichment and no distillation or for consumption in the families of longer contains any residual sugar, not individual wine growers. exceeding 17° ; Wine fortified for distillation and diluted vinous — an acidity content not less than 4-50 g/1, alcohol may be used only for distillation . expressed in tartaric acid ; and that the enrichment to which they may 5 . Provisions for controlling the marketing of have been subjected was in conformity with wines suitable for yielding table wines and detailed legislation in force on the territory of the rules for the application of this Article shall be Member State where they were produced. ■ adopted in accordance with the procedure laid down in Article 7 of Regulation No 24. (c) Any producer Member State may allow a wine produced on its territory before this Article 28 Regulation begins to apply, in conformity with the provisions laid down by law, regulation or administrative action, to be 1 . Imported wines, except for liqueur wines and offered or disposed of for direct human sparkling wines, may be released for direct human consumption on its territory up to 31 August consumption only on condition : 1971 at the latest. (a) until 31 August 1971 , that they have an actual alcoholic strength of not less than 8-5° and a 3 . From 1 September 1971 : total alcoholic strength not exceeding 15°, and a (a) Wine derived from the vine varieties referred to total acidity content expressed in tartaric acid of in Article 16 but not corresponding to the not less than 4-50 g/1 ;

246 Official Journal of die European Communities

(b) from 1 September 1971 , that they comply with Treaty on a proposal from the Commission, shall the conditions specified in (a) and the further adopt the rules relating to the designation and conditions to be adopted by the Council, acting presentation of the products falling within . Common in accordance with the voting procedure laid Customs Tariff heading No 22.05 . down in Article 43 (2) of the Treaty on a proposal from the Commission. 2. Member States may make the use of a geographical ascription for designating a table wine 2. Imported fresh grapes, imported grape must, conditional, in particular, on the wine having been imported concentrated grape must, imported grape produced wholly from certain clearly specified vine must in fermentation, and imported grape juice of varieties and coming exclusively from the territory, whatever added sugar content, shall not be turned precisely demarcated, whose name it bears. into wine or be used in wine production. 3 . Without prejudice to any additional rules which Neither wine nor any other beverage intended for may be adopted regarding the designation of direct human consumption shall be made from products, the use of a geographical ascription to imported products covered by items 17, 19, 20, 21 designate table wines resulting from a coupage of . and 22 of Annex II, except from imported wine fortified for distillation and intended for the wines from grapes harvested in different production areas shall, however, be permitted if at least 85% of production of potable spirits. the table wine resulting from the coupage originates in the production area whose name it bears. 3 ; . The products mentioned in the first subparagraph of paragraph 2 shall be subject to However, the use, as a designation of white table control with respect to their use. The addition of an wines, of . a geographical ascription . relating to a indicator to imported grape must, imported production area situated within wine-growing zone A concentrated grape must, imported grape must in or wine-growing zone B shall be permitted only if the fermentation, and to imported grape juice whether or products comprising the coupage are from the not concentrated, may be made compulsory. wine-growing zone in question or if the wine in question is from a coupage between table wines of 4. Imported wines other than those covered by wine-growing zone A and table wines of paragraph 1 may be used only for purposes permitted wine-growing zone B. for correlated Community vines. 4. Detailed rules for the application of this Article 5 . Detailed rules for the application of this Article, shall be adopted in accordance with the procedure in particular as regards control measures, shall be laid down in Article 7 of Regulation No 24. adopted in accordance with the procedure laid down in Article 7 of Regulation No 24. TITLE V

Article 29 General provisions

1 . Except by way of derogation, products specified Article 31 in items 1 to 15 of Annex II may be put into circulation within the Community only with an 1 . The following, shall be prohibited in the internal officially checked accompanying document. trade of the Community :

2 . Producers and wine traders other than retailers (a) the levying of any charge having effect equivalent shall be obliged to keep . turnover records in respect to a customs duty, subject to the provisions of of the products referred to in paragraph 1 . Article 2 of Regulation (EEC) No 541 /70;

(b) any quantitative restriction or measure having 3 . Detailed rules for the application of this Article, equivalent effect. and in particular the nature and form of the aforesaid document and the derogations mentioned in 2. By way of derogation from the provisions of paragraph 1 , shall be adopted in accordance with the paragraph 1 , so long as all the administrative procedure laid down in Article 7 of Regulation No mechanisms necessary for the management of the 24 . market in wine are not in application — with the exception , until 31 December 1971 , of the viticultural Article 30 land register — producer Member States shall be authorised in order to avoid disturbances on their 1 . The Council, acting in accordance with the markets to take measures that may limit imports voting procedure laid down in Article 43 (2) of the from another Member State.

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These measures shall be communicated to the Article 36 Commission, which shall decide without delay whether to maintain, . amend or abolish such The necessary provisions for avoiding disturbances measures . on the market in wine following an alternation of price levels during the transition from one 3 . Goods listed in Article 1 which are wine-growing year to another may be adopted in manufactured or obtained from products to which accordance with the procedure laid down in Article 7 Article 9 (2) and Article 10 ( 1 ) of the Treaty do not of Regulation No 24. apply shall not be admitted to free circulation within the Community. Article 37

Article 32 Should transitional measures be necessary to facilitate the transition to the system established by this Where prices appreciably in 'excess of the guide price Regulation, in particular if the introduction of that fixed for a type of wine are recorded on the system on the date provided for would give rise to Community wine market and the situation is likely to substantial difficulties, such measures shall be continue, thereby disturbing or threatening to disturb adopted in accordance with the procedure laid down this market, the necessary measures may be taken. in Article 7 of Regulation No 24. They shall be applicable until 31 August 1971 at the latest. The Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, shall adopt Article 38 general rules for the application of this Article.

The Council, acting in accordance with the voting Article 33 procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, may decide on measures of derogation if required to remedy an 1 . To the extent necessary to support the market in table wines, intervention measures may be taken in exceptional situation resulting from natural disasters. respect of the products listed in Article 1 (2) (a) other than table wine. Article 39 2. These measures shall be taken by the Council, Detailed rules necessary for implementing the acting in accordance with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal provisions of Annexes I and II, in particular: from the Commission. — methods of analysis ;

3 . Detailed rules for the application of this Article — the wine-growing areas mentioned in item 10 of shall be adopted, as necessary, in accordance with the Annex II ; procedure laid down in Article 7 of Regulation No 24 . shall be adopted in accordance with the procedure laid down in Article 7 of Regulation No 24. Article 34

Article 40 Save as otherwise provided in this Regulation, Articles 92, 93 and 94 of the Treaty shall apply to the production of and trade in the products listed in The provisions of the common organisation of the Article 1 . market in fruit and vegetables shall no longer apply to the product listed in Article 1 (2) and falling within Common Customs Tariff sub-heading No Article 35 08.04 A II .

Member States and the Commission shall Article 41 communicate to each other the information necessary for implementing this Regulation. Detailed rules for the communication and distribution of such Community provisions relating to the financing of information shall be adopted in accordance with the the common agricultural policy shall apply to the procedure laid down in Article 7 of Regulation No market in the products listed in Article 1 from the 24. date on which this Regulation begins to apply.

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Article 42 3 . For each wine-growirig year, and for the first time before 16 April 1971, the Commission This Regulation shall be so applied that appropriate shall provide the Council with final estimates of account is taken, at the same time, of the objectives Community resources and uses in the preceding set out in Articles 39 and 110 of the Treaty. wine-growing year.'

Article 43 Article 44

The following provisions shall be substituted for 1 . This Regulation shall enter into force on the Article 3 of Regulation No 24 : third day following its publication in the Official Journal of the European Communities. . 'Article 3

1 . In accordance with the procedure laid down 2. The provisions of this Regulation and those of in Article 7, a forward estimate shall be drawn up the implementing Regulations relating to types of before 25 November of each year for the purpose wine, guide prices, activating prices, reference prices of determining the Community's resources and and conditions for the marketing of wine shall take estimating its needs, including foreseeable imports effect jointly from 1 June 1970. from and exports to third countries. However, Member States shall be allowed a period of 2. From 1 September 1970 the estimate of the not more than fifteen days from that date to adopt Community's wine resources and needs shall the necessary regulations and administrative show the proportion of table wines and quality provisions for the implementation of those wines produced in specified regions respectively. Regulations.

This Regulation shall be binding in its entirety and directly applicable in all Member t States . % j ^ i

Done at Brussels, 28 April 1970. !

For the Council

The President Ch . HÉGER

ANNEX I

ALCOHOLIC STRENGTHS

1 . Actual alcoholic strength : the number, of units of volume of alcohol contained in 100 units of volume of a product.

2 . Potential alcoholic strength : the number of units of volume of alcohol which can be produced by total fermentation of the sugar contained in 100 units of volume of a product. .

3 . Total alcoholic strength : the sum of the actual and potential alcoholic strengths.

4. Natural alcoholic strength : the total alcoholic strength of a product before any enrichment.

Official Journal of the European Communities 249

ANNEX U

DEFINITIONS REFERRED TO IN ARTICLE 1 (4) (b)

1 . Fresh grapes: the fruit of the vine used in making wine, ripe or even slightly raisined, which may be crushed or pressed by normal wine-cellar means and which may spontaneously produce alcoholic fermentation.

2. Grape must: the liquid product obtained naturally or by physical processes from fresh grapes .

3 . Grape must in fermentation: grape must having an actual alcoholic strength of less than three fifths of its total alcoholic strength .

4. Concentrated grape must: uncaramelised grape must which is : — obtained by partial dehydration of grape must carried out by any authorised method other than direct heat of a fire in such a way that its density at 20 °C is not less than 1-240; — derived exclusively from vine varieties referred to in Article 16; — produced within the Community; and — obtained from grape must having at least the minimum natural alcoholic strength laid down for the wine-growing zone in which the grapes were harvested .

- 5. Grape juice: unfermented but fermentable grape must which has undergone the appropriate treatment rendering it fit for consumption as it is.

6. Concentrated grape juice: uncaramelised grape juice obtained by partial dehydration of grape juice carried out by any authorised method other than direct heat of a fire in such a way that its density at 20 °C is not less than 1-240.

7. Wine: the product obtained exclusively from the total or partial alcoholic fermentation of fresh grapes, whether or not crushed, or of grape musts.

8 . New wine still in fermentation : wine in which alcoholic fermentation is not yet complete and which is not yet separated from its lees.

9. Wine suitable for yielding table wine: wine which — is derived exclusively from vine varieties referred to in Article 16;

— is produced in the Community ; and — has at least the minimum natural alcoholic strength laid down for the wine-growing zone in which it was produced.

10. Table wine: wine which

— is derived exclusively from vine varieties referred to in Article 16; — is produced in the Community; — has, following application, if any, of the processes mentioned in Article 19, an actual alcoholic strength of not less than 8-5° and a total alcoholic strength not exceeding 15°, that upper limit, however, being raised to 17° in respect of wines from certain wine-growing areas to be determined which has been produced without any enrichment and no longer contains any residual sugar; and — has, furthermore, a total acidity content of not less than 4-50 g/1, expressed as tartaric acid .

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11 . Liqueur wine: the product which -

— is produced in the Community ;

— has a total alcoholic strength . of not less than 17-5° and an actual alcoholic strength of not less than 15° and not more than 22° ; and

— is obtained from grape must or wine, derived from certain of the vine varieties referred to in Article 16 and having a natural alcoholic strength of not less than 12° ; — by refrigeration ; or — by the addition before, during or after fermentation : (i) of neutral alcohol of vinous origin having an actual alcoholic strength of not less than 95° ; or (ii) of an unrectified product derived from the distillation of wine and having an actual alcoholic strength of not less than 52° and not more than 80° ; or (iii) of concentrated grape must; or (iv) of a mixture of these products.

12. Sparkling wine: saving the derogation provided for in Article 27 (3), the product which is obtained by first or second alcoholic fermentation : — of fresh grapes ; — of grape must; — of wine;

all suitable for yielding table wine; — of table wine; or — of quality wine p.s.r.

and which, when the container is opened, releases carbon dioxide derived exclusively from fermentation and having an overpressure of not less than 3 atmospheres when kept at a temperature of 20 °C in closed containers .

13 . Aerated sparkling wine : the product which — is obtained, subject to the provisions of Article 27 (3 ), from table wine; — is produced in the Community ; — releases, when the container is opened, carbon dioxide derived totally or partially from an addition of that gas ; and — has an overpressure not exceeding 3 atmospheres when kept at ,a temperature of 20 °C in closed containers .

14. Semi-sparkling wine: table wine which — naturally contains carbon dioxide, after first or second alcoholic fermentation ; and — has an overpressure of not less than 1 and not more than 2-5 atmospheres when kept at 20 °C in closed containers .

15 . Aerated semi-sparkling wine: table wine which — contains carbon dioxide that has been wholly or partially added ; and — has an overpressure of not less than 1 and not more than 2-5 atmospheres when kept at 20 °C in closed containers .

16. Wine vinegar: vinegar which

— is obtained exclusively by acetous fermentation of wine; and — has a total acidity of not less than 60 g/1 expressed in acetic acid.

Official Journal of the European Communities 251

17. Wine lees: muddy residue — accumulating in wine containers after fermentation or during the storage of wine; — having a total alcohol content of not more than 10-1 of pure alcohol per 100 kg; and — having a dry matter content of not less than 25% by weight.

18. Argol: caking in the form of sheets, irregular particles or powder, formed either in the vats during the fermentation of grape must or in wine containers.

19. Grape marc: the residue from the pressing of fresh grapes, whether or not fermented, — having a total alcohol content of not more than 5-50 1 of pure alcohol per 100 kg; and — a dry matter content of not less than 40% by weight.

20. Piquette: the product obtained : — by the fermentation of untreated grape marc soaked in water; or — by leaching fermented grape marc with water.

21 . Wine fortified for distillation: the product which — has an actual alcoholic strength of not less than 18° and not more than 24° ; — is obtained exclusively by the addition to wine containing no residual sugar of an unrectified product from the distillation of wine having a maximum actual "alcoholic strength of 86° ; and — has a maximum volatile acidity of 2-40 g/1, expressed as acetic acid.

22. Diluted vinous alcohol: the product, whether or not liquid, which — results from wine making or use of the by-products of wine making; — has an alcohol content derived solely from wine making; and — is not elsewhere defined in this Annex.

ANNEX 111

WINE-GROWING ZONES

1 . Wine-growing zone A shall comprise : — the German wine-growing region, except Baden ; — the Luxembourg wine-growing region.

2. Wine-growing zone B shall comprise : — in Germany : Baden ; — in France : Alsace, Lorraine, Champagne, Jura, Savoy and the Loire Valley. 3 . Wine-growing zone C I shall comprise : — in France: the vineyards of the Centre West, the Centre and the South-West, except those coming under wine-growing zone B. Wine-growing zone C II shall comprise : — in France : southern vineyards, except those coming under wine-growing zone C III. — in Italy : all vineyards, except those coming under wine-growing zone C III.

Wine-growing zone C III shall comprise : — in France: Corsica, certain vineyards of the Eastern Pyrenees and of the Var ; — in Italy : certain vineyards situated south of Rome and in the islands.