31974R1876

20. 7. 74 Official Journal of the European Communities No L 198 / 1

I

(Acts whose publication is obligatory)

REGULATION ( EEC) No 1876/ 74 OF THE COUNCIL of 15 July 1974 concerning the addition of alcohol to products in the wine sector

THE COUNCIL OF THE EUROPEAN Whereas the preparation of products falling within COMMUNITIES , heading No 22.06 and subheading 22.07 B II of the Commom Customs Tariff requires the addition of Having regard to the Treaty establishing the European alcohol to some of the products listed in Article 1 (2) Economic Community ; of Regulation (EEC) No 816/70 ; whereas such pre­ paration is significant enough to justify derogation from the prohibition on the addition of alcohol ; Having regard to Council Regulation (EEC) No 816/70 (') of 28 April 1970 laying down additional Whereas, in order to prevent frauds, in all cases the provisions for the common organization of the market nature of the alcohol which may be added should be in wine, as last amended by Regulation (EEC) No specified and in certain cases the permissible limits 1 532/74 (2), and in particular Article 25 (2) thereof ; for the addition of alcohol should be fixed ; Having regard to the proposal from the Commission ; Whereas the measures concerning semi-sparking wines and products falling within heading No 22.06 Whereas, pursuant to Article 25 ( 1 ) of Regulation of the Common Customs Tariff should be of a (EEC) No 816/70 the addition of alcohol to the temporary nature, pending the adoption of provisions products listed in Article 1 (2) of that Regulation is supplementing or harmonizing the definitions of prohibited, with the exception of wines fortified for these products ; whereas such measures should there­ distillation and liqueur wines ; whereas Article 25 (2), fore be laid down for a limited period ; however, permits derogations from this prohibition ; Whereas most of the above considerations have Whereas the possibility of adding alcohol to table already formed the basis of provisions contained vari­ wines and to quality wines produced in specified ously in Council Regulation (EEC) No 1 093/70 (3) of regions should be provided for where they are 8 June 1970 concerning the addition of alcohol to exported to third countries, either to take account of products in the wine sector originating in the Commu­ consumer habits in those countries, or to prevent nity, as last amended by Regulation (EEC) No climatic conditions or transport from affecting the 1 929 /73 (4), and in the previous amendments thereto ; quality of the exported wines ; whereas the non-Euro­ whereas, because of their number and complexity, pean areas of Member States are in the same situation these texts are lacking in clarity and they should there­ as the third countries in question ; whereas this possi­ fore be consolidated in a single text, bility should be extended to consignments of these products to these areas ; whereas, however, to enforce the prohibition on the addition of alcohol, the sale of these products should be forbidden in the European HAS ADOPTED THIS REGULATION : areas of the Member States ; whereas to simplify control, re-dispatching to the European areas of Member States should be prohibited ; Article 1

Whereas it is equally necessary to authorize the addi­ By way of derogation from the provisions of Article tion of alcohol in the form of a sweetener to sparkling 25 ( 1 ) of Regulation ( EEC) No 816/ 70 , alcohol may, wines and , under certain conditions, to semi-sparking under the conditions provided in this Regulation , be wines ; added to the following products :

(») OJ No L 99 , 5 . 5 . 1970 , p. 1 . ( 3 ) OJ No L 128 , 12. 6 . 1970 , p. 1 . (2) OJ No L 166, 21 . 6 .. 1974, p. 1 . (4 ) OJ No L 199 , 19 . 7 . 1973 , p. 8 .

No L 198/2 Official Journal of the European Communities 20 . 7. 74

1 . Table wines and quality wines psr, where climatic However, in the case of sparkling wines and semi-spar­ conditions or consumer habits necessitate an addi­ kling wines, 'esprit de Cognac' complying with the tion of alcohol and where they are exported to laws in force in the producer Member State may be third countries or dispatched to the non-European added . areas of Member States, on condition that in this 2. Alcohol added to the products listed in Article 1 latter case they are not re-dispatched to the Euro­ point 3 and point 4 must be ethyl alcohol of agricul­ pean areas of Member States. tural origin . 2. (a) Sparkling wines in the form of a sweetener ; (b) semi-sparkling wines in the form of a sweet­ Article 3 ener and provided that this method is tradi­ tional and permitted under the laws in force in 1 . The quantities of alcohol added may not : the producer Member States. (a) increase the total alcoholic strength of the 3. (a) Grape musts and grape musts in fermentation products specified in Article 1 point 1 by more than 2° ; derived exclusively from the vine varieties referred to in Article 16 of Regulation (EEC) (b) increase the total alcoholic strength of the No 816/70 and having at least the minimum products specified in Article 1 point 2 by more natural alcoholic strength fixed for the wine­ than 0-5° . growing zone where the grapes were harv­ ested ; 2. Member States may restrict the addition of alcohol to quality wines psr still further, or even (b) table wines ; prohibit it altogether. (c) quality wines psr ; (d) in certain cases liqueur wines, whether or not Article 4 imported ; (e) imported wines fulfilling the requirements of The following shall be applicable until 31 August Article 28 ( 1 ) of Regulation (EEC) No 816/70 ; 1975 : intended for the preparation of products falling — Article 1 point 2 (b) and point 3 ; within heading No 22.06 of the Common Customs — the second subparagraph of Article 2 ( 1 ), in so far Tariff. as it refers to the products specified in Article 1 i point 2 (b) ; 4. Concentrated grape musts to be used in the manu­ — Article 2 (2), in so far as it refers to the products facture of products falling within subheading 22.07 B II of the Common Customs Tariff. specified in Article 1 point 3 .

Article2¶

1 . The alcohol added to the products listed in Regulation (EEC) No 1093/70 is repealed with effect Article 1 point 1 and point 2 must be either neutral from 31 August 1974. alcohol of vinous origin having an actual alcoholic strength of not less than 95° , or an unrectified Article 6 product derived from the distillation of wine and having an actual alcoholic strength of not less than This Regulation shall enter into force on 1 September 52° and not more than 80° . 1974 .

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

Done at Brussels, 15 July 1974. For the Council

The President Christian BONNET