31976R1848

30 . 7. 76 Official Journal of the European Communities No L 204/ 5

COUNCIL REGULATION (EEC) No 1848 /76 of 27 July 1976 laying down general rules for the import of wines, grape juice and grape must

THE COUNCIL OF THE EUROPEAN controls, the condition as to quantity may be consid­ COMMUNITIES, ered as fulfilled in the case of imports from third countries whose total annual exports to the Commu­ Having regard to the Treaty establishing the European nity are already very small ; whereas, in this case, to Economic Community, avoid deflection of trade, the wines must not only orig­ inate in these countries but must be imported from Having regard to Council Regulation (EEC) No them, 816/70 of 28 April 1970 laying down additional provi­ sions for the common organization of the market in wine ('), as last amended by Regulation (EEC) No 11 67/76 (2), and in particular Article 28 ( la) thereof, HAS ADOPTED THIS REGULATION : Having regard to the proposal from the Commission,

Whereas Regulation (EEC) No 1599/71 (3), as last Article 1 amended by Regulation (EEC) No 679/75 (4), lays down additional conditions to be met by imported The analysis report mentioned in the second indent wines for direct human consumption ; whereas Regula­ of subparagraph (a) of Article 28 ( 1 ) of Regulation tion (EEC) No 11 60/76 (5) amended Article 28 of (EEC) No 816/70 shall : Regulation (EEC) No 816/70 by including in this Article certain provisions of Regulation (EEC) No 1 . be drawn up by an official laboratory recognized by 1599/71 and by extending its scope to all wines and the third country in which the products originate grape must ; whereas Regulation (EEC) No 1599/71 and included in a list to be decided on ; should therefore be replaced ; 2. give the following information : Whereas, for the sake of clarity, it should be stated that references to Regulation (EEC) No 1599/71 , (a) in the case of wines and grape must in fermen­ repealed by this Regulation, are to be taken as refer­ tation : ences to this Regulation, and in particular those contained in Council Regulation (EEC) No 2133/74 — the total alcoholic strength, of 8 August 1974 laying down general rules for the — the actual alcoholic strength ; description and presentation of wines and grape must (6), as last amended by Regulation (EEC) No (b) in the case of grape must and grape juice : 1168/76 (7) ; — the density ; Whereas Article 28 of Regulation (EEC) No 816/70 (c) in the case of wines, grape must and grape provides that the imported products covered by this juice : Article must be accompanied by a certificate and an analysis report issued by a body or service designated — the total dry extract, by the third country in which the products originate ; — the total acidity, whereas the conditions which the analysis report must — the volatile acid content, meet have to be laid down ; — the citric acid content, — the total sulphur dioxide content, Whereas provision should be made pursuant to subpa­ — the presence of varieties obtained from ragraph (b) of Article 28 ( la) of Regulation (EEC) No inter-specific crossings (direct producer 816/70 for dispensing with the certificate and analysis hybrids) or other varieties not belonging to report in the case of certain products which are the Vitis vinifera species. imported from third countries in limited quantities and packed in small containers ; whereas, to simplify Article 2 (!) OJ No L 99, 5. 5. 1970, p. 1 . (2) OJ No L 135, 24. 5. 1976, p. 42. (3) OJ No L 168 , 27. 7. 1971 , p. 3 . 1 . No certificate or analysis report shall be required (4) OJ No L 72, 20 . 3 . 1975, p. 45. for products imported from third countries in (5) OJ No L 135, 24. 5 . 1976, p. 1 . (<•) OJ No L 227, 17. 8 . 1974, p. 1 . containers of two litres or less and forming part of (7) OJ No L 135, 24. 5 . 1976, p. 46. consignments of less than 60 litres.

No L 204/ 6 30 . 7 . 76 Official Journal of the European Communities

2. The certificate and analysis report shall also be tion, in particular if the introduction of that system on dispensed with for wines in containers of two litres or the date provided for would give rise to substantial less originating in and imported from third countries difficulties, such measures shall be laid down in the whose annual exports to the Community are less than implementing rules. 1 000 hectolitres .

3. The third countries mentioned in paragraph 2 shall be listed in the implementing rules. Article 5 Article 3

1 . Regulation (EEC) No 1599/71 is hereby This Regulation shall enter into force on the third day repealed. following its publication in the Official Journal of the European Communities. 2. References to the Regulation repealed by para­ graph 1 , and in particular those contained in Articles 27 ( 1 ) (a), 28 ( 1 ) (d) and 35 ( 1 ) (c) of Regulation (EEC) No 2133/74, shall be taken as references to this Regu­ This Regulation shall apply from 1 September 1976. lation . However, as regards grape juice (including grape must) not containing spirit and with an added sugar content Article 4 exceeding 30 % by weight falling within heading No 20.07 of the Common Customs Tariff, it shall apply Should transitional measures be necessary to facilitate from the second date referred to in the second para­ the transition to the system established by this Regula graph of Article 41 of Regulation (EEC) No 1160/76.

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

Done at Brussels, 27 July 1976. For the Council

The President M. van der STOEL