31976R2426

7 . 10 . 76 No L 276/ 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC) No 2426/ 76 of 4 October 1976 amending Regulation ( EEC) No 2893/74 on sparkling wines produced in the Community and specified in item 12 of Annex II to Regulation ( EEC) No 816/70 and Regulation ( EEC) No 817/70 laying down special provisions relating to quality wines produced in specified regions

THE COUNCIL OF THE EUROPEAN September 1975, the Member States concerned must COMMUNITIES , be allowed to provide that anyone holding stocks of the said sparkling wines must declare any quantities Having regard to the Treaty establishing the European of 10 hectolitres or more to the competent authori­ Economic Community, and in particular Article 43 ties ; thereof, Whereas Regulation ( EEC) No 11 60/76 (6) amended Having regard to the proposal from the Commission , Regulation ( EEC) No 816/70 laying down additional provisions for the common organization of the market Having regard to the opinion of the European Parlia­ in wine ( 7) ; whereas the amendments include an ment ('), extension of the dates given under Article 26a of Regu­ lation ( EEC) No 816/ 70 ; Whereas Council Regulation ( EEC) No 2893/74 of 18 November 1974 on sparkling wines produced in the Community and specified in item 12 of Annex II to Whereas the corresponding articles of both Regula­ Regulation ( EEC) No 81 6/70 (2) and Council Regula­ tion ( EEC) No 817/70 and Regulation ( EEC) No tion ( EEC) No 817/70 of 28 April 1970 laying down 2893 / 74 should therefore be similarly amended , special provisions relating to quality wines produced in specified regions (3), as last amended by Regulation ( EEC) No 1 161 / 76 (4 ), introduced rules for the produc­ tion of sparkling wines with effect from 1 September HAS ADOPTED THIS REGULATION : 1975 ; whereas Commission Regulation ( EEC) No 2152/75 of 18 August 1975 on detailed rules for the application of Regulation ( EEC) No 2893 /74 and Regulation ( EEC) No 2894/ 74 in respect of sparkling Article 1 wines (5 ) laid down provisions permitting the marketing until 31 August 1976 of sparkling wines that do not conform to the new rules and which were Article 22 of Regulation ( EEC) No 2893/ 74 shall be produced before such rules became applicable ; replaced by the following :

Whereas large stocks of these sparkling wines were 'Article 22 not marketed by 31 August 1976 ; whereas provision should be made for these stocks to be marketed until 1 . Sparkling wines within the meaning of item they are exhausted ; 12 of Annex II to Regulation ( EEC) No 816/ 70 for which proof can be supplied that they were Whereas in order to render easier the control over produced before 1 September 1975 and which do stocks of sparkling wines produced before 1 not conform to the provisions of Titles I , II or III of this Regulation , may be marketed provided that (') Opinion delivered on 17 September 1976 ( not yet they conform to the previous national provisions published in the Official Journal ). with regard to production . (-) O ) No L 310 , 21 . 11 . 1974, p. I. (3 ) OJ No L 99 , 5 . 5 . 1970 , p. 20 . H O ) No L 1 35, 24 . 5 . 1976, p. 27 . ( h) OJ No L 135 , 24 . 5 . 1976, p . 1 . (s O'j No L 219, 19 . X. 1975, p. 7. ( 7) O ) No L 99 , 5 . S. 1970 , p . 1 .

No L 276 / 2 Official Journal of the European Communities 7 . 10 . 76

2. Member States may provide that quantities of to in paragraph 1 and prepared before 1 10 hectolitres or more of sparkling wines referred September 1975 shall be declared to the compe­ to in paragraph 1 and prepared before 1 tent authorities .' September 1975 shall be declared to the compe­ tent authorities . Article 3 3 . Without prejudice to other national provi­ 1 . In the second subparagraph of Articles 12 ( 1 ) sions of the producer Member States in respect of and 16 ( 1 ) of Regulation (EEC) No 2893/74, the date description , the sparkling wines referred to in para­ of 31 August 1976 is replaced by 28 February 1977. graph 1 may not bear the term "quality sparkling wine".' 2. In Articles 12 (2) and 16 (2) of Regulation (EEC) No 2893/74, the date of 30 June 1976 is replaced by 31 December 1976 . Article 2

A new Article 17 reading as follows shall be inserted Article 4 into Regulation ( EEC) No 817/70 : A rticle 1 7 1 . In the second subparagraph of Article 10b ( 1 ) of Regulation ( EEC) No 817/70 , the date of 31 August 1 . Sparkling wines bearing the name of a speci­ 1976 is replaced by 28 February 1977. fied region for which proof can be supplied that they were produced before 1 September 1975 but 2. In Article 10b (2) of Regulation ( EEC) No which do not conform to the provisions laid down 817/70 , the date of 30 June 1976 is replaced by 31 in the fourth subparagraph of Article 1 may be December 1976 . marketed under this name and, where applicable, any of the specific expressions traditionally used Article 5 which are referred to in Article 12 (2a), provided that they conform to the previous national provi­ This Regulation shall enter into force on the day sions . following its publication in the Official Journal of the European Communities. 2. Member States may provide that quantities of 10 hectolitres or more of sparkling wines referred It shall apply from 1 September 1976.

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

Done at Luxembourg, 4 October 1976 . For the Council

The President

A. P. L. M. M. van der STEE