31975R0678

20 . 3 . 75 Official Journal of the European Communities No L 72/43

REGULATION (EEC) No 678/75 OF THE COUNCIL of 4 March 1975 amending Regulation (EEC) No 816/70 as regards the definition of alcohol-muted fresh grape must and amending Chapter 22 of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN COMMUNITIES , grape must' are inserted after 'concentrated grape must'. Having regard to the Treaty establishing the Article 2 European Economic Community, and in particular Article 43 thereof ; In Article 25 ( 1 ) of Regulation (EEC) No 816/70 Having regard to the proposal from the Commission ; the words 'under items 11 and 21 ' are replaced by ' under items 3a, 11 and 21 '. Having regard to the Opinion of the European Parliament (*); Article 3

Having regard to the Opinion of the Economic The following subparagraph is inserted at the and Social Committee ; beginning of Article 27 (4) of Regulation (EEC) No 816/70 . Whereas under current Community provisions, there is no definition of alcohol-muted fresh grape must, 'Without prejudice to any more restrictive a product normally used in the preparation of provisions which may be applied by Member products processed from wine or musts, amongst States for the preparation in their territory of those given in Annex II to Council Regulation (EEC) products not falling within heading No 22.05 of No 816/70 (2) of 28 April 1970 laying down the Common Customs Tariff, alcohol-muted additional provisions for the common organization fresh grape must may be used only in the of the market in wine, as last amended by Regulation preparation of these products.' (EEC) No 3166/74 (3); whereas the absence of a separate definition for alcohol-muted fresh grape Article 4 must might prejudice effective administration of the market ; whereas it is therefore desirable to establish such a definition ; The following subparagraph is inserted after the first subparagraph of Article 28 (2) of Regulation (EEC) No 816/70 : Whereas certain technical amendments to the provisions of Regulation (EEC ) No 816/70 are required as a result of the introduction of this new 'Without prejudice to any more restrictive definition ; whereas it is necessary in particular, in provisions which may be applied by Member order to prevent distortion of competition in respect States for the preparation in their territory of of liqueur wines, to introduce a provision limiting products not falling within heading No 22.05 the use of alcohol-muted fresh grape must, of the Common Customs Tariff, imported alcohol-muted fresh grape must may be used only in the preparation of these products.' HAS ADOPTED THIS REGULATION : Article 5 Article 1 The following item is inserted after item 3 of Annex II to Regulation (EEC) No 816/70 : In the second indent of Article 1 (4) (b ) of Regulation '3a Alcohol-muted fresh grape must means the (EEC) No 816/70 the words ' alcohol-muted fresh product which : — is produced in the Community; ( 1) OJ No C 40 , 8 . 4. 1974, p. 75 . (2) OJ No L 99 , 5 . 5 : 1970 , p. 1 . — has an actual alcoholic strength of not (3 ) OT No L 338 , 17. 12 . 1974 , o . 1 . less than 12° but less than 15° : and

No L 72/44 20 . 3 . 75 Official Journal of the European Communities

— is obtained by the addition to ( a) alcohol-muted fresh grape must, that is unfermented grape must having a natural to say a product: alcoholic strength of not less than 8.5° — having an actual alcoholic strength of and derived exclusively from vine not less than 12° but less than 15° , varieties referred to in Article 16 : and — obtained by the addition to — of neutral alcohol of vinous origin unfermented grape must having a having an actual alcoholic strength natural alcoholic strength of not less of not less than 95° , or than 8.5° of a product derived from the distillation of wine ; — of an unrectified product derived from the distillation of wine and (b ) wine fortified for distillation, that is to having an actual alcoholic strength of not less than 52° and not more than say a product : ( rest unchanged); 80° .' ( c) liqueur wine, that is to say a product : (rest unchanged).' Article 6 Article 7 In Annex IV to Regulation (EEC ) No 816/70 the text of Additional Note No 4 to Chapter 22 of This Regulation shall enter into force on the third the Common Customs Tariff is replaced by the day following its publication in the Official Journal following: of the European Communities.

'4. Subheading 22.05 C shall be taken to include : Article 6 shall not, however, apply until 1 July 1975 .

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

Done at Brussels , 4 March 1975 . For the Council The President

M. A. CLINTON