31972R1770

Official Journal of the European Communities 937

21.8.72 Official Journal of the European Communities No L 191 /31

REGULATION (EEC) No 1770/72 OF THE COMMISSION of 3 August 1972 on detailed rules of application relating to the additional conditions with which imported wines for direct human consumption have to comply

THE COMMISSION OF THE EUROPEAN COM­ to each consignment of wine imported for direct MUNITIES, human consumption ; whereas, to this end-, it is essential that these documents accompany each consignment until it is placed under the Community Having regard to the Treaty establishing the control system ; European Community­

Whereas, to take account of trade practices, where a Having regard to Council Regulation (EEC) No consignment is divided up, the competent authorities 816/701 of 28 April 1970 laying down additional should be given the power to have drawn up under provisions for the common organization of the their supervision an extract of the certificate and the market in wine, as last amended by Regulation ( EEC) No 2504/71,2 and in particular Articles 28 (5 ) and analysis report to accompany each new consignment 35 thereof; resulting from the division;

Whereas, as regards production conditions, it must be Whereas Council Regulation (EEC) Nol599/71 3 of 20 July 1971 laying down additional conditions with decided which wine growing zones of the Community may be used for comparison with the which imported wines for direct human consumption countries producing the imported wines ; have to comply, as amended by Regulation (EEC) No 2830/71 ,4 provides, inter alia, that except for liqueur wines and sparkling wines, wines imported Whereas, for the purposes of applying Article 2 (4) of into the Community may be released for direct Regulation (EEC) No 1599/71, dry white wine and human consumption only if: sweet white wine must be defined;

— a certificate is issued by an agency in the third Whereas the measures provided for in this Regulation country in which the wine originates, furnishing are in accordance with the Opinion of the proof that the wine complies with the provisions Management Committee for Wine; governing production and release for direct human consumption in that country ; HAS ADOPTED THIS REGULATION : — the wine in question is accompanied by an analysis report; Article 1 Whereas, so that control by the competent authorities The certificate attesting that imported wines, except of the Member States may be simplified, the form for liqueur wines and sparkling wines, intended for and, where necessary, the content of the prescribed direct human consumption fulfil the conditions laid certificate and analysis report and also the conditions down in Article 2 of Regulation (EEC) No 1599/71, for their use must be specified; and the analysis report which should accompany imported wine under the same provision, must meet Whereas, to prevent fraud, it should be verified that the requirements laid down in this Regulation. the certificate and the analysis report do in fact relate

Article 2 1 OJ No L 99, 5.5.1970, p. 1 . 2 OJ No L 261, 26.11.1971, p. 1. 1 . (a) For each consignment of wine, the certificate 3 OJ No L 168, 27.7.1971, p. 3. and the analysis report shall be combined in a 4 OJ No L 285, 29.12.1971, p. 66. single document entitled 'document for the

938 Official Journal of the European Communities

importation of wines for direct human Article 3 consumption', hereinafter called 'the document', to be drawn up on a form V.I.I , a 1 . The document and the extract shall be valid model of which appears in Annex I; only if they are drawn up in accordance with this Regulation. (b) when, before being put into free circulation, a consignment of wine which is the subject of a 2. The signature of the person or persons document is redispatched after being divided empowered to sign the document provided for in up, an extract of that document shall be Article 2 ( 1 ) (a) may not be obtained by tracing or drawn up for each new consignment resulting carbon copying. Specimen signatures of persons from the division. Such extract, entitled empowered to sign the document and an example of 'extract from a document for the importation the official seals to be used when it is issued shall of wines for direct human consumption' first be sent to the Commission, which shall forward hereinafter called 'the extract', shall be drawn them to the Member States . up by the party concerned on a form V.I.2, a model of which appears in Annex II ; Article 4 (c) when the consignment is redispatched complete before being put into free circulation ' 1 . The agencies and laboratories referred to in the extract shall be drawn up only if the party Article 2 (1 to 5 ) of Regulation (EEC) No 1599/71 concerned so requests ; shall appear on the lists to be drawn up only if: (d) the provisions of subparagraphs (b) and, (a) they are approved and appointed by the where appropriate, (c) shall also apply when a competent authorities of the exporting third consignment of wine which is the subject of country ; an extract is redispatched whether complete or divided up. (b) they undertake to provide the Commission and the Member States on request with all facts relevant to the assessment of the information 2. Forms V.I.I and V.I.2 shall consist of a typed or hand-written original and a copy obtained given on the document. / simultaneously in that order. 2. The lists shall be kept up to date, in particular . 3 . The size of the forms shall be approximately to take account of amendments resulting from 210 X 300 mm . changes of address and/or of names of agencies or laboratories . The paper used shall weigh not less than 40 g/m2 and shall be : They shall be revised: ( a) if the conditions laid down in paragraph 1 (a) are — red for the original document; no longer fulfilled or if an agency or laboratory does not fulfil one of the obligations incumbent — white for the copy of the document; upon it; — blue for the original extract; (b) if it proves necessary to add or withdraw the name of an official agency or laboratory. — yellow for the copy of the extract.

4. The document and the extract shall be Article 5 completed either in type or by hand; in the latter case they must be printed legibly in ink. The document For the purposes of this Regulation, 'consignment' shall be drawn up in one of the official Community means the quantity of wine dispatched by one languages. It may, in addition, be drawn up in the consignor to one consignee and for which a single official language, or one of the official languages of document has been issued or a single extract has been the exporting country. The extract shall be drawn up countersigned. in one of the official Community languages specified by the competent authorities of the Member States in Article 6 which it is countersigned. 1 . The document or extract shall, when the 5 . The document and the extract shall bear a serial customs formalities required for putting the number allocated by the official agency issuing the consignment to which it relates into free circulation certificate, in the case of the document, and by the are completed, be handed over to the competent countersigning customs office, in the case of the authorities of the Member State in which such extract. formalities are completed.

Official Journal of the European Communities 939

These authorities shall, where necessary, endorse the of Regulation (EEC) No 1599/71 is given in Annex document or the extract accordingly. They shall III to this Regulation. return the original to the party concerned and keep the copy for at least two years. Article 8 2. When a consignment of wine is redispatched For the purposes of Article 2 (4) of Regulation (EEC) complete before put into free circulation, the new No 1599/71 and pending the adoption of provisions consignor shall give the customs authorities for Community wines : controlling the consignment the document or the extract relating to that consignment and also, where (a) 'dry white wine' means white wine containing, appropriate, a form V.I.2 of which he has completed per litre, less than 5 g of residual sugars, part A. expressed as invert sugar; After verifying that the information given on the (b) 'sweet white wine' means wine containing, per document or the previous extract corresponds to that litre, 5 g or more of residual sugars, expressed as given on form V.I.2, the authorities shall countersign invert sugar. that form, which shall then be equivalent to an extract, and endorse the document or previous Article 9 extract accordingly. They shall return the extract and the original of the document or of the previous The provisions of this Regulation shall not: extract to the new consignor and keep the copy of — apply to quantities of wine of fifteen litres or less the document or of the previous extract for at least contained in travellers' baggage or sent in small two years . consignments to private individuals when such However, a form V.I.2 need not be completed when a quantities are obviously intended for the personal consignment of wine is exported to a third country. or family consumption of those persons,

— prevent the operation of the system applicable to 3 . When a consignment of wine is divided up persons living in frontier zones. before being put into free circulation, the party concerned shall hand over to the customs authorities supervising the consignment to be divided up the Article 10 document or the extract relating to that consignment 1 . The information and the characteristics given in and, for each new consignment, a fprm V.I.2 of the certificate, and in the analysis report shall be which he has completed part A. assessed according to the methods of analysis laid After verifying that the information given on the , down by Commission Regulation (EEC) No 1539/711 document or on the extract corresponds to that given of 19 July 1971 determining Community methods on the form V.I.2 for each new consignment, the of analysis of wine. authorities shall countersign that form, which shall then be equivalent to an extract, and endorse 2. In cases where that Regulation does not lay accordingly the document or the extract on which the down any method of analysis, the methods officially new extract was based. used in each of the Member States shall continue to apply. They shall return the extract and the original document or extract to the party concerned and keep the copy of the document or of the original extract Article 11 for at least two years. This Regulation shall enter into force on the third day following its publication in the Official Journal Article 7 of the European Communities. For each third country exporting to the Community, the wine growing zone referred to in Article 2 (2) (b) It shall apply from 1 November 1972.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 3 August 1972. For the Commission The President S. L. MANSHOLT

1 OJ No L 163, 21.7.1971, p. 41 .

ANNEX I

Country of origin No A 000000

V. 1 . 1 ORIGINAL DOCUMENT FOR THE IMPORTATION OF WINES Copy for the FOR DIRECT HUMAN CONSUMPTION party concerned

A. CERTIF CATE

I , the undersigned 1 guarantee that the consignment of wine described below :

Number, nature , marks and Description and colour Number of bottles Volume 2 reference No of the consignment of the wine

consigned by3

to 4 complies with the provisions governing production and release of wines intended for direct human consumption in 5 and that this wine :

( a ) has not been subjected to oenological processes which are not admitted under Community provisions relating to the production and release for direct human consumption of comparable Community wines, ( b ) has been produced according to oenological processes in force in the Community for the wine growing zone :

or the wine growing zones : and in the case of coupage

Done at on

Name and address of the official agency

( Signature and stamp )

B. ANALYSIS REPORT

I , the undersigned 6 certify that the consignment of wine described in the above certificate shows the following analytical characteristics : ( a ) density : (f) volatile acidity :

( b ) total alcohol strength : ( g ) citric acidity : ( c ) acquired alcohol strength : ( h ) total sulphur dioxide :

( d ) total dry extract : ( i ) presence of hybrids 7 : .

( e ) total acidity:

Done at on

Name and address of laboratory

( Signature and stamp )

1 Name and title of the person in charge of the official agency. 5 Name of the country of origin of the wine. 2 In hi or litres and in figures. 6 Name and title of the person in charge of the laboratory. 3 Full name and address of consignor. 7 Answer 'yes or 'no'. 4 Full name and address of consignee .

( Space reserved for the Community customs authorities)

ATTRIBUTIONS

1 2 3 4 5

Volume Reference number and Full name and address of Reference number and date of accompanying the consignee named on the Endorsement of the A. Available date of the extracts documents 1 extract or on the responsible authority or customs documents accompanying document B. Attributed

A.

B.

A.

B.

A.

B.

A.

B.

A.

B.

A­

B.

1 Where required by Community rules.

Country of origin No A 000000 V. .1 COPY DOCUMENT FOR THE IMPORTATION OF WINES Copy for the FOR DIRECT HUMAN CONSUMPTION competent agency

A. CERTIFICATE

I , the undersigned 1 guarantee that the consignment of wine described below :

Number, nature , marks and Description and colour Number of bottles Volume 2 reference No of the consignment of the wine

consigned by 3

to 4 complies with the provisions governing production and release of wines intended for direct human consumption in 5 and that this wine : ( a ) has not been subjected to oenological processes which are not admitted under Community provisions relating to the production and release for direct human consumption of comparable Community wines, ( b ) has been produced according to oenological processes in force in the Community for the wine growing zone : or the wine growing zones : and in the case of coupage

Done at on

Name and address of the official agency

( Signature and stamp )

B. ANALYSIS REPORT

I , the undersigned 6 certify that the consignment of wine described in the above certificate shows the following analytical characteristics : ( a ) density : (f) volatile acidity :

( b ) total alcohol strength : ( g ) citric acidity : ( c ) acquired alcohol strength : ( h ) total sulphur dioxide : ( d ) total dry extract : ( i ) presence of hybrids7 :.

( e ) total acidity :

Done at on

Name and address of laboratory

( Signature and stamp )

1 Name and title of the person in charge of the official agency. 5 Name of the country of origin of the wine . 2 In hi or litres and in figures. 6 Name and title of the person in charge of the laboratory. 3 Full name and address of consignor. 7 Answer 'yes' or ' no . 4 Full name and address of consignee .

( Space reserved for the Community customs authorities)

ATTRIBUTIONS

1 2 3 4 5

Volume Reference number and Full name and address of Reference number and date of accompanying the consignee named on the Endorsement of the A. Available date of the extracts documents 1 extract or on the responsible authority or customs documents accompanying document B. Attributed

A.

I B.

A.

B.

A.

B.

A.

/ B.

A.

- B.

A.

B. »

1 Where required by Community rules.

ANNEX II

EXTRACT FROM No A 000000 V.I. 2 ORIGINAL A DOCUMENT FOR THE IMPORTATION OF WINES Copy for the FOR DIRECT HUMAN CONSUMPTION party concerned

A. CONSIGNORS DECLARATION I , the undersigned 1 declare that the consignment of wine described below :

Number, nature , mark and Description and colour Number of bottles Country of origin Volume ^ reference No of the consignments of the wine

consigned to 3 ; has the subject4 of document V.I.I No issued by 5

on of extract V.I.2 No countersigned by the customs office of 6

on and

A. of a CERTIFICATE guaranteeing that this wine : — complies with the provisions governing production and release of wines intended for direct human consumption in 5 — has not been subjected to oenological processes which are not admitted under Community provisions relating to the production and release for direct human consumption of comparable Community wines — has been produced according to oenological processes in force in the Community for the wine growing zone or the wine growing zones and in the case of coupage

B. of an ANALYSIS REPORT certifying that this wine shows the following analytical characteristics :

( a ) density : (f) volatile acidity : ( b ) total alcohol strength : ( g ) citric acidity : ( c ) acquired alcohol strength : ( h ) total sulphur dioxide : (d) total dry extract : ( i ) presence of hybrids7 : (e ) total acidity:

Done at on

( Signature of consignor)

B. CUSTOMS ENDORSEMENT Declaration certified true ,

at on

Name and address of customs office

( Signature and stamp ) 1 Full name and address of consignor. 5 Name of country which issued document V.1.1 . 2 In hi or litres and in figures. 6 Name of the customs office which endorsed extract V.I.2. 3 Full name and address of consignee . 7 Answer 'yes or no . 4 Delete where inappropriate.

? ( Space reserved for the Community customs authorities)

ATTRIBUTIONS

1 2 3 4 5

Volume Reference number and Full name and address of Reference number and date of accompanying the consignee named on the Endorsement of the A. Available date of the extracts documents 1 extract or on the responsible authority or customs documents accompanying document B. Attributed

A.

B.

A.

B.

A.

■

B.

A.

B.

A.

B.

A.

B.

1 Where required by Community rules.

No A 000000 EXTRACT FROM V.I. 2 COPY A DOCUMENT FOR THE IMPORTATION OF WINES Copy for the FOR DIRECT HUMAN CONSUMPTION competent agency

A. CONSIGNORS DECLARATION I , the undersigned 1 declare that the consignment of wine described below :

Number, nature , mark and Description and colour Volume 2 Number of bottles Country of origin reference No of the consignments of the wine

consigned to 3

has the subject4 of document V. 1.1 No issued by 5

on of extract V.I. 2 No ...., countersigned by the customs office of 6

..... on and

A. of a CERTIFICATE guaranteeing that this wine : — complies with the provisions governing production, and release of wines intended for direct human consumption in 5 — has not been subjected to oenological processes which are not admitted under Community provisions relating to the production and release for direct human consumption of comparable Community wines — has been produced according to oenological processes in force in the Community for the wine growing zone or the wine growing zones and in the case of coupage

B. of an ANALYSIS REPORT certifying that this wine shows the following analytical characteristics : ( a ) density : (f) volatile acidity : ( b ) total alcohol strength : ( g ) citric acidity : ( c ) acquired alcohol strength : ( h ) total sulphur dioxide : ( d ) total dry extract : ( i ) presence of hybrids 7 : ( e ) total acidity:

Done at , on

( Signature of consignor )

B. CUSTOMS ENDORSEMENT Declaration certified true ,

at on

Name and address of customs office

( Signature and stamp ) 1 Full name and address of consignor. 5 Name of country which issued document v.1.1 . 2 In hi or litres and in figures. 6 Name of the customs office which endorsed extract V.I. 2 . 3 Full name and address of consignee. 7 Answer yes or no . 4 Delete where inappropriate.

( Space reserved for the Community customs authorities)

ATTRIBUTIONS

1 2 3 4 5

Volume Reference number and Full name and address of Reference number and . date of accompanying the consignee named on the Endorsement of the A. Available date of the extracts documents 1 extract or on the responsible authority or customs documents accompanying document B. Attributed

A.

B.

A.

B.

A.

B.

A.

B.

A.

B.

A.

B.

1 Where required by Community rules .

Official Journal of the European Communities 949

ANNEX III

Distribution of the production zones of third countries comparable to those of the Community specified in Annex III to Regulation (EEC) No 816/70

Zone A :

Zone B : Austria , German speaking Switzerland

Zone C I : French and Italian speaking Switzerland

Zone C II : Portugal (Vinhos verdes region), Romania , Yugoslavia ( Republics of Slovenia , Croatia , Bosnia-Herzegovinia , Serbia)

Zone C III : All other production regions in third countries.