31972R2680

30 Official Journal of the European Communities

12.12.72 Official Journal of the European Communities No L 289/ 1

REGULATION (EEC) No 2680/72 OF THE COUNCIL of 12 December 1972 amending Regulation (EEC) No 816/70 laying down additional provisions for the common organisation of the market in wine and Regulation (EEC) No 817/70 laying down special provisions relating to quality wines produced in specified regions

THE COUNCIL OF THE EUROPEAN COMMUNI­ Whereas tariff problems have arisen as regards TIES , diluted alcohol of agricultural origin ; whereas having regard to the limited importance of this product as such it should be excluded Having regard to the Treaty establishing the European Economic Community, and in par­ from the list of products referred to in Article 1 (2) of Regulation (EEC) No 816/70; ticular Article 43 thereof; whereas it is however necessary to ensure that products obtained in a manner contrary to the Having regard to the proposal from the existing rules governing oenological practices Commission ; should not be offered or disposed of for direct human consumption;

Having regard to the Opinion of the European Parliament; Whereas the organisation of the market in wine should be extended to grape juice to which a significant amount of vine production Whereas , in the light of experience in imple­ is devoted and which hitherto was only subject menting Council Regulation (EEC) No 816/701 to rules concerning oenological practices and of 28 April 1970 laying down additional conditions for release to the market; whereas provisions for the common organisation of such an extension should be restricted to those the market in wine, as last amended by Regu­ juices which by virtue of their composition, lation (EEC) No 1651 /72,2 certain provisions are closely connected with the wine sector; thereof should be amended;

Whereas in order to obtain the most accurate Whereas these amendments are, by their nature, mainly points of clarification or technical assesment possible of the production potential adaptations designed to make it easier to of wine-growing areas within the Community, understand and apply Regulation (EEC) both grubbing-up of vines and the abandon of No 816/70 or to permit of a more flexible appli­ their cultivation should be made subject to cation to allow for all possible cases ; notification in the same way as planting and re-planting;

Whereas on these same grounds Council Regulation (EEC) No 817/703 of 28 April 1970 Whereas in order to facilitate inspections , laying down special provisions relating to especially those relating to increases in alcoholic quality wines produced in specified regions strength, the quantities of sugar or must as amended by Regulation (EEC) No 1627/714 concentrate held by each producer should be should also be amended ; known;

Whereas it is necessary to ensure compliance 1 OJ No L 99 , 5.5.1970 , p . 1 . with Regulation (EEC) No 816/70; whereas 2 OJ No L 174, 1.8.1972, p. 52. inspections hamonised at Community level are 3 OJ No L 99 , 5.5.1970,' p . 20. 4 OJ No L 170, 29.7.1971 , p . 3 . necessary tofthis effect;

Official Journal of the European Communities 31

HAS ADOPTED THIS REGULATION : Article 3

Article 17 of Regulation (EEC) No 816/70 is Article 1 amended as follows :

1 . Paragraph 1 is replaced by the following: 1 . The following table is substituted for the table in Article 1 (2) of Regulation (EEC) 'Any natural or legal person intending to No 816/70 : plant or replant, grub up or abandon the cultivation of vines during the following wine-growing year shall notify the competent CCT heading No Description of goods authorities of the Member States concerned before 1 September of each year.'

;a) 20.07 A I (a] 2, Grape juice (including grape 2 . Paragraph 3 ( b) is replaced by the following: A I (b ) 2, must) not containing added sugar B I (a - 1 (bb) or with an added sugar content '(b) the areas which will be grubbed up or and B I (b} 1 (bb) not exceeding 30% by weight, abondoned during the following wine­ but unfermented and not con­ growing year, taining spirit (c) the development of the production potential which these details indicate.' (b) 22.04 Grape must, in fermentation or with fermentation arrested other­ wise than by the addition of alcohol Article 4

22.05 Wine of fresh grapes; grape must with fermentation arrested by The last subparagraph of Article 18 ( 1 ) of the addition of alcohol Regulation (EEC) No 816/70 is deleted.

(c) 08.04 A Π Fresh grapes other than table Article 5 grapes 22.10 A Wine vinegar Article 20 of Regulation (EEC) No 816/70 is amended as follows : (d) 22.07 A Piquette 1 . To the second subparagraph of para­ 23.05 A Wine lees graph 1 : 23.05 B Argol after ' 1-50 g/1 expressed in tartaric acid', add: 'or 20'milliequivalents per litre'. 23.06 A I Grape marc 2 . To paragraph 2: after ' 1-50 g/1' add: 'or 20 milliequivalents 2 . Article 1 (3) of Regulation (EEC) per litre' No 816/70 is replaced by the following: after ' be raised to 2-50 g/1' add : ' or to ' As regards the provisions of Title IV, 34 milliequivalents per litre' only those provisions specified in Articles 27 • to 30 shall apply to grape juice and concen­ after '3 g/1 expressed in tartaric acid' add: trated grape juice . The same shall apply to ' or 40 milliequivalents per litre'. grape must and concentrated grape must, provided they are intended for the prep­ aration of grape juice.' Article 6

Article 22 of Regulation (EEC) No 816/70 is Article 2 amended as follows :

The date of '31 January' in Article 5 (6) ( a) of 1 . The second subparagraph of paragraph 1 , Regulation (EEC) No 816/70 is replaced by is replaced by the following two sub­ that of ' 15 February'. paragraphs :

32 Official Journal of the European Communities

'Each of the processes referred to in the 2 . Paragraph 3 (a) is replaced by the following: first subparagraph must be notified to the competent authorities . '(a) Except in the case of bottled wine in respect of which there is proof that The same shall apply in respect of the bottling was effected prior to the quantities of sucrose or concentrated grape above date, wine other than quality must held in the exercise of their profession wine p.s.r., derived from the vine by natural or legal persons, in particular varieties referred to in Article 16 but not producers , bottlers, processers and mer­ corresponding to the definitions con­ chants to be determined, at the same time tained under items 9 to 15 of Annex II and in the same place as fresh grapes , grape may be used only for consumption in must, partially fermented grape must or the families of individual wine growers, wine in bulk . The notification of these for the production of wine vinegar or quantities may however be replaced by for distillation . entry in a goods inwards and stock utilis­ ation register.' However, in years when the climatic conditions have been unfavourable, it 2 . Paragraph 3 is replaced by the following: may be decided that products from wine-growing zones A and B which 'Detailed rules for the application of this do not possess the minimum natural Article and the derogations from the closing alcoholic strength laid down for the dates , laid down in paragraph 2 shall be adopted in accordance with the procedure wine-growing zone in question may be used in the Community for the laid down in Article 7 of Regulation No 24. production of sparkling wine and Exceptions to the requirements laid down aerated sparkling wine provided that in the third subparagraph of paragraph these wines have an actual alcoholic 1 may be adopted in accordance with the strength of not less than 8-5° or for same procedure.' the production of aerated semi-spark­ ling wine provided that such wine has a total alcoholic strength of not less Article 7 than 9° .'

Regulation (EEC) No 816/70 is supplemented 3 . Paragraph 4 is replaced by the following: by the following Article: ' Grape juice and concentrated grape juice Article 22a originating in the Community may not be turned into wine nor be added to wine . The provisions laid down in Articles 18 to 22 These products shall be subject to control applicable to products harvested in Com­ with respect to their use. munity regions not included within the wine-growing zones specified in Annex III With the exception of alcohol, potable shall be determined in accordance with the spirits and piquette, neither wine nor any other beverage intended for direct human procedure laid down in Article 7 of Regu­ lation No 24 .' consumption shall be made from wine lees or grape marc originating in the Community. Piquette, in so far as its production is Article 8 authorised by the Member State concerned, may be used only for distillation or for The words ' the control of coupage and' in consumption in the families of individual wine growers . Article 26 (6) of Regulation (EEC) No 816/70 are deleted . Wine fortified for distillation may only be used for distillation .'

Article 9 4 . Paragraph 5 is replaced by the following: 'The derogations provided for in the first Article 27 of Regulation (EEC) No 816/70 is and second subparagraphs of para­ amended as follows : graph 3 (a), together with detailed rules for the application of this Article shall be 1 . To paragraph 2 (b) second indent, add: 'or adopted according to the procedure laid 60 milliequivalents per litre'. down in Article 7 of Regulation No 24.'

Official Journal of the European Communities 33

Article 10 2 . Detailed rules for the application of this Article, especially the conditions gov­ erning holding and circulation, the use of Article 28 of Regulation (EEC) No 816/70 is amended as follows : products referred to in paragraph 1 and the establishment of criteria for the purpose of avoiding excessive rigour in individual 1 . To paragraph 1 (a) add: 'or 60 milliequiv­ cases, shall be adopted in accordance with alents per litre'. the procedure laid down in Article 7 of Regulation No 24.' 2 . Paragraph 2 is replaced by the following: 'Imported fresh grapes, imported grape must, imported concentrated grape must, Article 12 imported grape must in fermentation, imported grape juice and imported con­ concentrate grape juice may not be turned Regulation (EEC) No 816/70 is supplemented into wine nor added to wine. by the following Article: Neither wine nor any other beverage 'Article 39a intended for direct human consumption shall be made from imported wine lees, 1 . Member States shall take all appro­ grape marc, piquette or wine fortified for priate measures to ensure compliance with distillation; however, potable spirits may be this Regulation. They shall designate one made from imported wine fortified for distillation .' or more bodies which shall be instructed to, verify compliance with this Regulation. 3 . Paragraph 5 is replaced by the following: They shall inform the other Member States and the Commission of the name of such 'Detailed rules for the application of this body or bodies. Article shall be adopted in accordance with the procedure laid down in Article 7 2 . The Council acting in accordance of Regulation No 24.' with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, shall adopt measures Article 11 designed to ensure uniform application of this Regulation especially as regards veri­ fication . Regulation (EEC) No 816/70 is supplemented by the following Article: 3 . Detailed rules for the application of ' Article 28a the second subparagraph of paragraph 1 , and of paragraph 2 shall be adopted in 1 . Products falling within heading accordance with the procedure laid down No 22.05 of the Common Customs Tariff, in Article 7 of Regulation No 24.' whether imported or not, which have been used in oenological practices not allowed by Community rules or, where such rules Article 13 do not exist, by national rules or by rules which do not conform either to the pro­ visions of th:s Regulation or to those 1 . In Annex II to Regulation (EEC) adopted in implementation thereof, may No 816/70, the definitions given under items not be offered or disposed or for direct 3 and 5 are replaced by the following definitions: human consumption. '3 . Grape must in fermentation : grape The same shall apply to: must having an actual alcoholic — products referred to in Article 1 (2) (a), strength of less than three-fifths of (b) and (c) which are not wholesome, its total alcoholic strength; however, genuine or saleable; certain quality wines p.s.r. having an — products referred to in Article 1 (2) actual alcoholic strength of less than which do not comply with the definitions three-fifths of their total alcoholic appearing in Annex II to this Regulation strength but not less than 5*5° shall not or those adopted in implementation be considered as grape must in fer­ thereof. mentation.

34 Official Journal of the European Communities

5 . Grape juice : unfermented but fer­ 2 . The Common Customs Tariff is amended mentable grape must which has under­ as follows : gone the appropriate treatment ren­ (a) Under subheading 22.09 A I, footnote dering it fit for consumption as it is and reference ( a) in the third column is deleted; which has an actual alcoholic strength of not more than 1° .' ( b) Under subheading 22.09 A II, footnote reference ( a) in the third column and the 2 . Item 22 of Annex II to Regulation (EEC) related footnote (a) are deleted. No 816/70 is deleted .

Article 16 Article 14 In Article 12 (3) of Regulation (EEC) No 817/70 In Annex III to Regulation (EEC) No 816/70, the words ' Article 30 (2)' are replaced by the the list given under item 1 is supplemented as words 'Article 30 (2) and (3 )'. follows : '— the Belgian wine-growing area Article 17 — the Netherlands wine-growing area .' This Regulation shall enter into force on 1 January 1973 . Article 15 However, Article 8 of Regulation (EEC) No 816/70 shall only apply to the products 1 . Annex IV to Regulation (EEC) No 816/70 referred to in Article 1 (2) ( a) of - the said is replaced by the Annex to this Regulation. Regulation as from 1 March 1973 .

This Regulation shall be binding in its entirety and directly applicable in all Member States . Done at Brussels, 12 December 1972. For the Council The President

P. LARDINOIS

Official Journal of the European Communities 35

ANNEX /V

Amendment to the Common Customs Tariff

Rate of duty CCT heading Description autonomous No 0 / conventional /0 or levy % ( L)

1 2 3 4

20.07 Fruit juices (including grape must) and vegetable juices, whether or not conta ning 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 — 1 . With an added sugar content exceeding 30% by weight

— 2 . Other 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) 2 . Other 50 (b)

Π and III ( unchanged)

B. Of a specific gravity of 1-33 or less at 15 °C:

I. 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) With an added sugar content exceeding 30% by weight . . 28 (a) (bb) Other 28 (b) ( a)

2 . Apple and pear juice: (aa) Containing added sugar 25 24 + ads ( bb) Other 25 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) With an added sugar content exceeding 30% by weight . . 28 28 + (L) + ads (bb) Other 28 (b) (a)

( rest unchanged)

va x See Annex . x b) In certain condition *, .i countervailing tax is provided for in addition to the customs duty .

36 Official Journal of the European Communities

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 subheading 22.07 (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) 'total alcoholic strength' means the sum of the actual and potential alcoholic strengths; (d) ' degree of alcohol' 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 of less than three-fifths of the total alcoholic strength.

3 . For the purposes of heading No 22.05: A. ' Sparkling wine' (subheading 22.05 A) means a product having an actual alcoholic strength of not less than 8*5°, obtained: — either by first or second alcoholic fermentation of fresh grapes, grape must or wine, and releasing, when the container is opened, carbon dioxide derived exclusively from the fermentation, — or from wine and releasing, when the container is opened, carbon dioxide derived wholly or partly from the addition of this gas, and having, when kept at a temperature of 20 °C in closed containers, an excess pressure of not less than 3 atmospheres. B. ' Total dry extract' means the content in grams per litre of all the substances in a product which, under given physical conditions , do not volatilise. The total dry extract must be determined with the densimeter at 20 °C. C. (a) The presence in the products falling within subheading 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 subheading 22.05 C V. (b) The above rules do not apply to products with a registered designation of origin falling within subheadings 22.05 C III ( a) and 22.05 C IV (a).

4 . Subheading 22.05 C shall be taken to include: (a) Wine fortified for distillation, that is to say, a product: — having an actual alcoholic strength of not less than 18° but not more than 24°,

Official Journal of the European Communities 37

— 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/1, 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° but 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 subheadings 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 subheadings is also subject to the production of a certificate of origin recognised by the competent authorities.

6 . For the purposes of subheading 22.07 A, the expression 'piquette' means the product obtained by the fermentation of untreated grape marc macerated in water or by the extraction of fermented grape marc with water.

7 . For the purposes of subheading 22.10 A, the expression ' wine vinegar' means vinegar obtained exclusively by acetous fermentation of wine and having a total acidity not less than 60 g/1 , expressed as acetic acid.

38 Official Journal of the European Communities

Rate of duty CCT heading Description autonomous No % conventional or levy % (L)

1 2 3 4

22.04 Grape must, in fermentation or with fermentation arrested otherwise than — by the addition of alcohol 40 ( a)

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

40 u.a . — A. Sparkling wine per hi (a)

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 a temperature of 20 °C 40 u.a . — per hi (a)

C. Other :

I. Of an actual alcoholic strength not exceeding 13°, in containers holding:

(a) 2 litres or less 12 u.a . per hi (a) (b) More than 2 litres 9 u.a . 9 u.a . per hi (a) per hi Π . Of an actual alcoholic strength exceeding 13° but not exceeding 15°, in containers holding:

(a) 2 litres or less 14 u.a . per hi (a) ( b) More than 2 litres 11 u.a . 11 u.a . per hi (a) per hi

ΙII. 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 15 u.a . 13\5 u.a . per hi per hi

2 . More than 2 litres :

(aa) Port, Madeira, sherry and Setúbal muscatel 12 u.a . 11 u.a . per hi per hi (bb) Other - 12 u.a . per hi (b) Other, in containers holding:

1 . 2 litres or less 17 u.a . — per hi (a) 2 . More than 2 litres 14 u.a . — per hi (a)

IV. Of an actual alcoholic strength exceeding 18° but not exceeding 22°:

(a) With a registered designation of origin, in containers holding:

(a) In certain conditions, a countervailing tax is provided for in addition to the customs duty.

Official Journal of the European Communities 39

Rate of duty CCT heading Description autonomous No conventional or levy % (L)

1 2 3 4

22.05 C. 1.2 litres or less 16 u.a 14-5 u.a . {cont'd) per hi per hi 2 . More than 2 litres :

( aa) Port, Madeira , sherry and Setubal muscatel 13 u.a . 12 u.a . per hi per hi (bb) Other 13 u.a . per hi (b) Other 19 u.a . 19 u.a . per hi (a) per hi

V. Of an actual alcoholic strength exceeding 22°, in containers holding: (a) 2 litres or less • 1'60 u.a . per hi and per degree + 10 u.a . per hi ( a) (b) More than 2 litres 1-60 u.a . per hi and per degree (a)

22.07 Other fermented beverages (for example, cider, perry and mead):

A. Piquette 1*60 u.a . per hi and per degree with a min . of 9 u.a . per hi (a)

B. Other:

I. Sparkling 30 u.a . per hi II. Still, in containers holding:

(a) 2 litres or less 12 u.a . per hi (b) More than 2 litres 9 u.a . per hi

22.10 Vinegar and substitutes for vinegar:

A. Wine vinegar, in containers holding:

I. 2 litres or less 8 u.a . per hi (a) II . More than 2 litres 6 u.a . per hi (a)

B. Other, in containers holding:

I. 2 litres or less 8 u.a . per hi II . More than 2 litres 6 u.a . per hi

( a) In certain concitions, a countervailing tax is provided for in addition to the customs duty.

40 Official Journal of the European Communities

CHAPTER 23

RESIDUES AND WASTE FROM THE FOOD INDUSTRIES : PREPARED ANIMAL FODDER

Additional notes

1 . For the purposes of subheadings 23.05 A and 23.06 A I, the following expressions shall have the meanings hereby assigned to them: — ' total alcohol content': the sum of the actual and potential alcohol contents; — 'actual alcohol content': the number of litres of alcohol contained in 100 kg of the product; — 'potential alcohol content': the number of litres of alcohol capable of being produced by total fermentation of the sugars contained in 100 kg of the product.

2 . ( unchanged)

Rate of duty CCT heading Description autonomous No % conventional or levy % ( L)

1 2 3 4

23.05 Wine lees; argol;

A. Wine lees : I. Having a total alcohol content not exceeding 10 litres of pure alcohol — per 100 kg, and a dry matter content not less than 25% by weight . . . Free (a)

II . Other 1-60 u.a . — per 1 of total alcohol ( a) B. Argol Free ( a)

23.06 Products of vegetable origin of a kind used for animal food, not elsewhere specified or included:

A. Acorns , horse chestnuts and pomace or marc of fruit:

L Grape marc:

( a) Having a total alcohol content not exceeding 5*50 litres of pure alcohol per 100 kg and a dry matter content not less than 40% by weight Free (a ) Free

1*60 u.a . — (b) Other per 1 of total alcohol (a) II . Other ' Free Free

B. Not specified 4 2

(a) In certain conditions , a countervailing tax is provided for m addition to the customs duty.