31970R2612

Official Journal of the European Communities 915

No L 281 /6 Official Journal of the European Communities 27.12.70

REGULATION (EEC) No 2612/70 OF THE COUNCIL of 15 December 1970 amending Regulation (EEC) No 816/70 making additional provisions for the common organisation of the market in wine

THE COUNCIL OF THE EUROPEAN COMMUNITIES, its application shall apply to the tariff classification of products covered by this Regulation; the tariff nomenclature resulting from Having regard to the Treaty establishing the application of this Regulation shall be European Economic Community, and in particular incorporated in the Common Customs Tariff.' Article 43 thereof; Having regard to the proposal from the Commission ; Article 2 Having regard to the Opinion of the European The following definition shall be substituted for the Parliament; definitions appearing under items 17 and 19 of Annex II to Regulation (EEC) No 816/70 : Whereas Council Regulation (EEC) No 816/70 1 laying down additional provisions for the common ' 17. Wine lees : the muddy residue accumulating organisation of the market in wine, as amended by in wine vessels after fermentation or during Regulation (EEC ) No 1253 /70,2 lays down in Annex the storage of wine, dried or not; a distinction is drawn between : II the definitions of wine lees and grape marc ; whereas these definitions have given rise to customs — lees having a total alcohol content of not difficulties, particularly in respect of the tariff more than 10 1 of pure alcohol per 100 classification of the products in question ; kg and having a dry matter content not less than 25% by weight; and Whereas, moreover, it has proved necessary to be more specific over the rates of customs duties — other lees. applicable to certain products; 19 . Grape marc : the residue from the pressing of Whereas Regulation (EEC) No 816/70 should fresh grapes, whether or not fermented ; a consequently be amended along those lines ; distinction is drawn between : — grape marcs having a total alcohol content of not more than 5-50 1 of pure HAS ADOPTED THIS REGULATION : alcohol per 100 kg and a dry matter content of not less than 40% by weight; Article 1 — other grape marcs.' The following text shall be substituted for the text of Article 3 Article 12 ( 1 ) of Regulation (EEC) No 816/70 : 'The Common Customs Tariff shall be amended A new Annex IV, as set out in the Annex to this in accordance with Annex IV. Regulation, shall be added to Regulation (EEC) No 816/70 . The general rules for the interpretation of the Common Customs Tariff and the special rules for Article 4 1 . OJNoL99, 5.5.1970, p. 1 . This Regulation shall enter into force on 1 January 3 OJ No L 143 , 1.6.1970, p . 1 . 1971 .

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This Regulation shall be binding in its entirety and directly applicable in all Member States . Done at Brussels, 15 December 1970. For the Council The President J. ERTL

ANNEX ANNEX IV Amendment of the Common Customs Tariff

CHAPTER 22 BEVERAGES, SPIRITS AND VINEGAR

Notes (unchanged) Additional Notes 1 . For the purposes of headings Nos 22.04, 22.05 and 22.06 and sub-heading No 22.07 A : (a) 'actual alcoholic strength ' means the number of volumes of alcohol contained in 100 volumes of the product ; (b) 'potential alcoholic strength ' means the number of volumes of alcohol capable of being produced by total fermentation of the sugars contained in 100 volumes of the product ; (c) ftotal alcoholic strength ' means the sum of the actual and potential alcoholic strengths ; (d) 'degree of alcohol by volume' means the actual alcoholic strength . Determination of the alcoholic strength must be carried out at 20° C. 2. For the purposes of heading No 22.04, 'grape must in fermentation' means grape must having an actual alcoholic strength Jess than three-fifths of the total alcoholic strength . 3. For the purposes of heading No 22.05 : A. 'Sparkling wine' (sub-heading No 22.05 A) means products having an actual alcoholic strength not less than 8-5°, obtained : — either by first or second alcoholic fermentation of fresh grapes, grape must or wine, and characterised at the uncorking of the container by a release of carbon dioxide resulting exclusively from the fermentation, — or from wine and characterised at the uncorking of the container by a release of carbon dioxide resulting wholly or partly from the addition of this gas, and showing, when kept at a temperature of 20° C in closed containers, an overpressure of not less than , 3 atmospheres.

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B. ' Total dry extract' means the content in grammes per litre of all the substances in a product which, under given physical conditions, do not volatilize. Determination of the total dry extract must be determined with the densimeter at 20° C.

C. (a) The presence in products falling within sub-heading 22.05 C of the quantities of total dry extract per litre indicated in I, II, III and IV below does not affect their classification : I. Products of an alcoholic strength of not more than 13° : 90 g or less of total dry extract per litre ; II. Products of an alcoholic strength of more than 13° but not more than 15° : 130 g or less of total dry extract per litre; III. Products of an alcoholic strength of more than 15° but not more than 18° : 130 g or less of total dry extract per litre ; ' IV. Products of an alcoholic strength of more than 18° but not more than 22° : 330 g or less of total dry extract per litre. Products with a total dry extract exceeding the maximum quantity shown above in each category are to be classified in the next following category, except that if the total dry extract exceeds 330 g per litre the products are to be classified in sub-heading No 22.05 C V. (b) The above rules do not apply to products with a registered designation of origin falling within sub­ headings 22.05 C III (a) and 22.05 IV (a)

4. Sub-heading No 22.05 C covers in particular : (a) Wine fortified for distillation, that is to say a product : — having an actual alcoholic strength of not less than 18° and not more than 24°, — obtained exclusively by the addition to wine containing no residual sugar of an unrectified product, derived from the distillation of wine and having a maximum actual alcoholic strength of 86°, and — having a maximum volatile acidity of 2-40 g/l, expressed as acetic acid ; (b) Liqueur wine ('vin de liqueur'), that is to say a product : — having a total alcoholic strength of not less than 17-5 and an actual alcoholic strength of not less than 15° and not more than 22°, and — obtained from grape must, new wine still in fermentation or wine : — by freezing, or — by the addition, during or after fermentation, of a product derived from the distillation of wine.

5. For the purposes of sub-headings Nos 22.05 C III (a) and 22.05 C IV (a), the expression 'registered designation of origin' applies only to the following wines : port, Madeira, sherry, Tokay (Aszu and Szamorodni) and Setubal muscatel. Entry under these sub-headings is also subject to the production of a certificate of origin recognised by the com­ petent authorities .

6. For the purposes of sub-heading No 22.07 A, 'piquette' means the product obtained by the fermentation on untreated grape marc macerated in water or by the extraction of fermented grape marc with water.

7. For the purposes of sub-heading No 22.10 A, 'wine vinegar' means vinegar obtained exclusively by acetous fer­ mentation of wine and having a total acidity of not less than 60 g/l, expressed as acetic acid.

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Duty rates CCT heading Description of goods autonomous No conventional % % or levies (P) 1 2 3 4

22.05 Wine of fresh grapes ; grape must with fermentation arrested by the addition of alcohol :

40 ua — A. Sparking wine hi

B. Wine in bottles with 'mushroom' corks held in place by ties or fastenings, and wine in other containers having ' an excess pressure of not less than 1 atmosphere but less than 3 atmospheres, measured at 40 ua — a temperature of 20 °C hi

C. Other : I. Of an actual alcoholic strength not exceeding 13° and in containers holding: ( a) 2 litres or less hi 12 ua — ' (b ) More than 2 litres hi 9 ua 9 ua II. Of an actual alcoholic strength exceeding 13° but not exceeding 15° , in containers holding : ( a) 2 litres or less hi 14 ua — (b ) more than 2 litres ' hi 11 ua 11 ua III. Of an actual alcoholic strength exceeding 15° but not exceeding 18° : (a ) With a registered designation of origin, in containers holding: 1 . 2 litres or less ' hi 15 ua 13-8 ua 2 . More than 2 litres : ( aa) port, Madeira, sherry and Setúbal muscatel hi 12 ua 11-2 ua 12 ua — (bb ) Other hi (b) Other, in containers holding : 1 . 2 litres or less hi 17 ua — 2 . More than 2 litres hi 14 ua — IV. Of an actual alcoholic strength exceeding 18° but not exceeding 22° : ( a) With a registered designation of origin, in containers holding : 1 . 2 litres or less , hi 1 6 ua 14-8 ua 2 . More than 2 litres : (aa) port, Madeira, sherry and Setúbal muscatel , hi 13 ua 12-2 ua (bb) Other hi 13 ua — (b) Other hi 19 ua 19 ua

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Duty rates CCT heading Description of goods autonomous conventional No % /0 or levies (P) 1 2 3 4

22.05 V. Of an actual alcoholic strength exceeding 22° , in containers holding : (cont'd) — (a) 2 litres or less hi 1-60 ua1 hi + 10 ua (b) More than 2 litres hi 1-60 ua —

22.07 Other fermented beverages (for example, cider, perry and mead): hi 1-60 ua1 — A. Piquette : with min charge of 9 ua B. Other : hi 30 ua — I. Sparkling II. Still, in containers holding: (a) 2 litres or less hi 12 ua — (b) More than 2 litres hi 9 ua —

22.10 Vinegar and substitutes for vinegar: A. Wine vinegar, in containers holding: I. 2 litres or less . hi 8 ua — II . More than 2 litres hi 6 ua — B. Other, in containers holding : I. 2 litres or less hi 8 ua II. More than 2 litres hi 6 ua —

23.05 Wine lees ; argol: A. Wine lees : I. Having a total alcohol content not exceeding 10 1 of pure alcohol free — per 100 kg, and a dry matter content not less than 25% by weight II . Other 1-60 ua — per 1 of total alcohol free — B. Argol

1 Per degree of alcohol .

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Duty rates ■ CCT heading Description of goods autonomous No conventional • % % or levies (P) 1 2 3 4

23.06 Vegetable products of a kind used for animal food, not elsewhere specified ■ or included :

A. Acorns, horse chestnuts and pomace or marc of fruit : f. Grape marc : ( a) Having a total alcohol content not exceeding 5-50 1 of pure alcohol per 100 kg and a dry matter content not less than 40% by weight free free (b) Other ^ 1-60 ua per 1 of total alcohol II . Other free free

B. Other . 4 2-4