31976R1160

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.

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 in the Community ; whereas provision should be Whereas experience has shown that the current made for certain derogations from the principle system of market support is inadequate both as that only varieties included in the classification regards the rationalization of the market and for may be cultivated , in order to allow Member the purposes of restoring price levels ; whereas this States to investigate the suitability of a vine variety system should therefore be strengthened by measures for its environment, to undertake scientific research , providing, under certain conditions, for preventive selective breeding and hybridization and the distillation at a buying-in price which is not such production of material for the vegetative propa­ as to encourage production of wine of insufficient gation of grape vines reserved for export ; quality ; whereas , furthermore, it has proved neces­ 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 subject to certain restrictive rules with a view to and wines in containers holding two litres or less. 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 sumption and designated by a geographical indi­ is adhered to , it is necessary to specify that the cation should likewise be forbidden within the countervailing charge must be fixed by reference territory of the Community ; whereas it is also neces­ to the customs duties actually levied ; 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

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 of sparkling wines revised ; Whereas , in order to reinforce the obligation to 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 of quality for the production of products of the vention measures ; 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 for direct human consumption should be allowed Whereas, in the light of experience gained particu­ larly as regards the 1975 harvest, the transitional in respect of certain wines originating in third coun­ tries and designated by a geographical indication, per; od during which the total SOa content of wines 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

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 with fermentation arrested other­ designated by a geographical indication and marketed in the Community may, in certain circumstances , wise than by the addition of alcohol be controlled and protected as provided for in 22.05 Wine of fresh grapes ; grape respect of quality wines psr ; 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 still in fermentation , wine vinegar, Article 1 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 wine, semi-sparkling wine and aerated 1 . The common organization of the market in semi-sparkling wine ; wine shall comprise a price and intervention 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

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 " iverage price ") for each representative Article 2 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 corresponding to at least 50 % of the quan­ ' Article 3 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 3 . Detailed rules for the application of this of the following factors : 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 The following Article shall be added to Regulation estimates provided for in Article 3 of Regu­ ( 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 the intervention measures under this Article 3 . The activating price shall be fixed at the provided they have complied with the above same stage and shall be valid during the same 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

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 ;

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 .

' Article 6b 8 . The Commission shall decide whether storage 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 of table wine . However, for the 1976, 1977 and 1978 harvests 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 , The price paid by the distiller may not be lower both of which shall be fixed at a standard rate . 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.

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 Article 9 ( EEC) No 816/70 :

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 unlikely to be effective in restoring price levels, applicable to holders of long-term storage contracts for the type of table wine in question the Council, acting in accordance with the voting procedure laid down in Article 43 (2) of the shall be taken to maintain prices at a level higher Treaty on a proposal from the Commission , than the activating price. 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 affected . the conditions laid down for long-term storage , (b) shall not be such as to encourage production of wine of insufficient quality. — in the distillation of these wines or of a corresponding quantity thereof, at the acti­ 3 . Detailed rules for the application of this vating price obtaining at the time when these Article shall be adopted in accordance with long-term storage contracts are concluded . the procedure laid down in Article 7 of Regula­ tion No 24 .' Such measures may or may not be combined.

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 ' Article 8 be carried out,

— 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

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 two litres or less , the reference price shall be 3 . The list of products for which export increased by a fixed amount corresponding to licences are required shall be determined in the normal packaging cost. accordance with the procedure laid down in 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 subparagraphs if they have special character­ detailed rules for the application of this Article istics or are intended for special uses . shall be determined in accordance with the same 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 product for which a reference price is fixed plus — white wine , 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 wines . — on imports from third countries which are prepared and in a position to guarantee that the price for imports of products originating Reference prices shall also be fixed in respect of : in and coming from their territory will not — grape juice (including grape must) falling be lower than the reference price less the

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 , and pursuant to the first subparagraph of Ar­ 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.

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 the provisions adopted in implementation 8 . The figure to be regarded as representing thereof for the products specified in Article 1 the added sugar content shall be that obtained ( 1 ) (d) of that Regulation, multiplied by a by refractometry as described in Annex III figure expressing the quantity of sucrose to Council Regulation ( EEC) No 865/68 of 28 June 1968 on the common organization of the utilized per 100 kilogrammes net weight of finished product ; market in products processed from fruit and vegetables (*), as last amended by Regulation — in the case of glucose and glucose syrup , to ( EEC) No 981/75 (2), multiplied by the factor the respective refunds fixed for those products 0*95 in the case of the grape juices specified in in accordance with Article 16 of Council Annex V to this Regulation, minus the figure Regulation (EEC) No 2727/75 of 29 October shown in column 2 of that Annex for the product 1975 on the common organization of the in question . 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) of the Treaty on a proposal from the Commission , The following Article shall be added to Regulation shall adopt general rules for granting refunds. ( EEC) No 816/70 :

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 .

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 with a view to investigating the suitability The following Article shall be added to Regulation of a vine variety for its environment, under­ ( EEC) No 816/70 : 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 obtained from interspecific crossings (di­ same Article must be accompanied by a declar­ rect producer hybrids); ation from the importer indicating the added 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 other procedures for the application of this Article shall be adopted as necessary in accor­ Article shall be adopted in accordance with the dance with the procedure laid down in Article 7 procedure laid down in Article 7 of Regulation of Regulation No 24.' 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 necessary in certain wine-growing zones of the cedure laid down in Article 43 (2) of the Treaty, Community, the Member States concerned may shall adopt general rules for the classification permit the natural alcoholic strength , actual or of vine varieties . These rules shall in particular potential, of fresh grapes, grape must, grape must provide for : 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 .

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 replaced by the following : — wine-growing zone C III : 9° .

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 by a geographical indication shall be forbidden The limit referred to in the first indent of the 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.

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 , Article 21 grape must, grape must in fermentation or new 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 The additional rate to be fixed shall range from 0 used for the production of wine. The assessment 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 accordance with criteria to be determined for to be disposed of ; 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.

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 into wine grapes from the above varieties har­ 6. The decisions fixing the additional rate pro­ vested within the administrative unit concerned vided for in paragraph 1 and allowing distillation which are normally used for wine-making are as provided for in paragraph 4 as well as detailed exempted from the obligations laid down in rules for applying this Article shall be adopted paragraph 1 .' in accordance with the procedure laid down in Article 7 of Regulation No 24.' Article 23

Article 26 of Regulation ( EEC) No 816/70 shall be Article 22 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.

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 Article 27 of Regulation ( EEC) No 816/70 shall be with a red table wine may not yield a table wine. 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 2. Of the products falling within Common on by the Council, acting in accordance with the Customs Tariff heading No 22.05, only liqueur voting procedure laid down in Article 43 (2) wines, sparkling wines, aerated sparkling wines, of the Treaty on a proposal from the Commission, semi-sparkling wines, aerated semi-sparkling coupage of a wine originating in a third country wines, quality wines psr, and, where appropriate with a Community wine and coupage in the by derogation from Article 28a ( 1 ), the wines geographical territory of the Community bet­ mentioned in Article 28 ( 1 ) and ( la) and table ween wines originating in third countries shall wines may be offered or disposed of for direct be prohibited. 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);

(b) unless a derogation is decided on by the Article 24 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,

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 for distillation . fication may only be put into circulation for 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 accordance with the voting procedure laid down Grape juice and concentrated grape juice origi­ in Article 43 (2) of the Treaty, only grapes from nating in the Community may not be made into 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 2. However, grapes from tracts of land planted except for the production of sparkling wine, with varieties classified as provisionally autho­ vinegar making, distillation and other industrial rized shall also be regarded as suitable for uses. The enrichment of such wine and coupage yielding products listed in paragraph 1 , with the thereof with a table wine in order to bring its exception of quality wine psr : actual alcoholic strength up to the level laid down for a table wine may only take place on (a) where such grapes belong to : the premises of the wine maker or on his behalf. — varieties obtained frofo interspecific cross­ With the exception of alcohol, potable spirits and piquette, neither wine nor any other beve­ ings (direct producer hybrids): until 31 December 1979 ; rage intended for direct human consumption may 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 ;

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 Without prejudice to any more restrictive pro­ less than 19 milliequivalents per litre. 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

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.

Article 29 3 . The products mentioned in the first subpara­ 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 ' Article 30 Regulation or to those adopted in implemen­ 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 ducts listed in Article 1 . marketable quality ;

— 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

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 1 . Detailed rules for the application of Annexes zone A or wine-growing zone B shall be per­ I and II, and in particular provisions as to the mitted only if the products comprising the wine-growing areas referred to in point 10 of coupage are from the wine-growing zone in Annex II, shall be adopted in accordance with question or if the wine in question is from a the procedure laid down in Article 7 of ■ Regu­ coupage between table wines of wine-growing 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 to lay down : designated table, wines are controlled and pro­ 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 Community methods of analysis or for the rules Article shall become paragraph 2. referred to in paragraph 2, the methods of analysis to be used shall be :

( a) those laid down in Annex A to the Inter­ Article 32 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

' Article 39a Transitional measures to enable the placing on 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

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, — is produced in the Community ; shall adopt measures to ensure uniform appli­ 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 ' 11 . Liqueur wine : the product which : respectively by the following : — is produced in the Community ; ' 4. Concentrated grape must : uncaramelized 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

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 — is obtained from table wine, quality a natural alcoholic strength of not less wine psr or from products suitable for than 12° : 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 — is put up in containers of less than two wine and having an actual 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 1 . Annex III to Regulation ( EEC) No 816/70 shall which such practice is tradi­ be replaced by the following : tional, of grape must concen­ 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 area ; provided that such wine or products 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 ;

(e) in the United Kingdom : the United King­ — contains endogenous carbon dioxide ; 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 ;

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 northern limit of the communes of Meurthe-et-Moselle, Meuse, Moselle , Evenos , Le Beausset, Solliès-Toucas , Vosges ; 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 ment of the Drôme ; — in Savoie : Savoie, Haute- Savoie ; — in (the administrative units in ) the department of Ardeche not listed in — in the Val de Loire : 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 province of Belluno, including the islands comprise the areas under vines : belonging to those regions , such as Elba (a) in the following departments : and the other islands of the Tuscan archi­ pelago, the Ponziano Archipelago and Allier , Alpes-de-Haute- Provence, Hautes­ Capri and Ischia. Alpes, Alpes-Maritimes, Ariège, Aveyron, 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 Ville , Collobrieres , La Garde- Freinet, Die in the department of the Drôme Plan-de-la-Tour and Sainte-Maxime ; (except the cantons of Dieulefit , Loriol , 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, (b) in Italy, the areas under vines in the Montpezat-sous-Bauzon , Privas , Saint­ following regions : Etienne de Lugdarès, Saint-Pierreville, 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 .

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)

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

25 — 3 . 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 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

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