31976R3168
No L 357/ 16 Official Journal of the European Communities 29 . 12. 76
COUNCIL REGULATION (EEC) No 3168 /76 of 21 December 1976 laying down the conditions for coupage and wine-making in the free zones on Community territory for wine products originating in third countries
THE COUNCIL OF THE EUROPEAN depending on the case, products of sound, fair and COMMUNITIES, marketable quality originating in a third country or that they have been produced in accordance with Having regard to the Treaty establishing the European Community provisions or those of the Member State Economic Community, concerned ;
Having regard to Council Regulation (EEC) No Whereas confusion between wines produced in free 816/70 of 28 April 1970 laying down additional provi zones and Community wines should be avoided ; sions for the common organization of the market in whereas the issue of a certificate of origin by the wine (J ), as last amended by Regulation (EEC) No competent authorities of the Member States for the 2842/76 (2), and in particular the third subparagraph products obtained in the free zones would be likely to of Article 26 (4) and the third subparagraph of Article create such confusion ; whereas it therefore appears 28 (2) thereof, necessary to provide, for the purpose of achieving the agricultural objective of this Regulation, that no certifi Having regard to the proposal from the Commission, cate of origin may be issued for the products thus obtained ; Whereas the first subparagraph of Article 26 (4) and the first subparagraph of Article 28 (2) of Regulation (EEC) No 816/70 prohibit on Community territory, Whereas, to avoid confusion, the rules concerning the except by way of derogation, coupage of a wine origi description of the wines concerned should also be nating in a third country with a Community wine and defined ; whereas, in this respect, a distinction should coupage between wines originating in third countries, be drawn between mandatory information necessary the making of wine from imported basic products and to identify the wines and optional information the addition of such products to wine ; whereas, designed to indicate the special properties of the wine however, as an exception to this rule, these operations or to characterize them , are authorized in the free zones provided that the wine obtained rherefrom is intended for re-consign ment to a third country ;
Whereas it should be noted that Council Directive HAS ADOPTED THIS REGULATION : 69/75/ EEC of 4 March 1969 on the harmonization of provisions laid down by law, regulation or administra tive action relating to free zones (3), as last amended by Directive 76/634/ EEC (4), continues to apply ; Article 1 Whereas it is necessary in accordance with the third subparagraph of Article 26 (4) and with the third 1 . Any natural or legal person or any association of subparagraph of Article 28 (2) of the abovementioned persons intending to effect in a free zone, within the Regulation, to adopt the provisions for the application meaning of Directive 69/75/EEC, one of the following of these operations and the rules governing the operations : description of the wines produced in the free zones ; (a) coupage of wines originating in a third country Whereas, in order to ensure effective supervision of with Community wines ; operations in the free zones, it is necessary to provide for the prior authorization thereof by the Member State concerned and the setting up of means for super (b) coupage between wines originating in third coun tries ; vising the movements of the products concerned ;
Whereas, in order to prevent abuses, it must be laid (c) the making of wine in accordance with Commu down that the products used for such operations are, nity provisions or, in the absence of such provi sions, with national legislation in force as at 1 (') OJ No L 99 , 5 . 5 . 1970, p . 1 . March 1977 and subject to Article 2 (2), from fresh (2) OJ No L 327, 26 . 11 . 1976, p. 2. (3) OJ No L 58 , 8 . 3 . 1969, p. 11 . grapes, grape must, grape juice, grape must in («) OJ No L 223, 16. 8 . 1976, p. 7. fermentation , originating in third countries ;
29 . 12. 76 Official Journal of the European Communities No L 357/ 17
or Article 2
(d) the addition to wine of concentrated grape juice, 1 . Only the following shall be used for the opera grape must with fermentation arrested by addition tions referred to in Article 1 ( 1 ) : of alcohol, of grape must or of concentrated grape — products of sound, fair and marketable quality orig must, originating in third countries ; inating in third countries, or shall submit an application to the appropriate authori ties designated by the Member States. Authorization — Community products which have been produced by those authorities to carry out the aforementioned in accordance with Community provisions or, in operations may be given only if the required assur the absence of such provisions, with the provisions ances are given that the products resulting from the of the Member State concerned . operations in question will be kept in separate prem ises or separated from other products of the wine 2. In the context of the operation referred to in sector stored in the free zone and that they will be Article 1 ( 1 ) (c), increasing the alcoholic strength of re-exported to a third country. the product concerned and also acidification and de acidification shall be prohibited. 2. The products resulting from the operations referred to in paragraph 1 may not be placed in free Article 3 circulation in the Community and must be subjected to customs control which will ensure that they are No certificate of origin shall be issued in respect of dispatched only to a third country and without further products which have undergone the operations listed processing. in Article 1 . 3 . All persons concerned shall keep entry and exit registers, in accordance with the provisions laid down Article 4 pursuant to Article 29 (3) of Regulation (EEC) No 816/70, enabling the movements of those products 1 . The description of a wine resulting from the and of the products referred to in paragraph 1 to be operations referred to in Article 1 ( 1 ) shall include the supervised. Entries in the registers shall be made on following information : the basis of the official documents drawn up by the authorities of the third countries or, in the absence of (a) the word 'wine' with or without a statement as to such documents, on the basis of commercial docu whether the wine is red, rose or white ; ments . (b) the nominal volume of the wine ; These documents shall show at least : (c) the name or business name of the natural or legal (a) the name and address of the consignor ; person or association of persons who have produced the wine in the free zone and the (b) the name and address of the consignee ; locality within the latter, where the wine was produced ; (c) the word 'wine' or, if appropriate, the type of product, this information being given using the (d) where the wine has been put in containers with a definition in the Community provisions which nominal volume of 60 litres or less and provided most accurately describes the product concerned ; that the bottler is not one of the persons referred to in (c) : the name or business name of the bottler and the locality within the free zone where (d) the volume of the product ; bottling took place. (e) in the case of : 2. The description of the wines may be supple — grape must and grape juice, whether or not mented by the following information : concentrated : the density, (a) a brand name provided that it does not show — wine and grape must in fermentation : the words, parts of words, signs or designs which : actual and total alcoholic strength ; — are likely to create a false impression of a person , particularly the bottler, who has been (f) the name of the third country or countries concerned . involved in the commercial distribution of the product described, When an official document drawn up by the authori — contain false or misleading information, parti ties of a third country has been submitted the original cularly in respect of indications of geogra shall be deposited with the authorities referred to in phical origin, vine variety, vintage year or paragraph 1 . superior quality,
No L 357/ 18 Official Journal of the European Communities 29. 12. 76
— include the name of a table wine or of a down in Article 7 of Regulation No 24 (') to the quality wine psr or may lead to confusion with extent required by the laws of the third countries to the description of a table wine, a quality wine which the wine will be dispatched. psr or an imported wine, or The description of wines resulting from one of the operations referred to in Article 1 ( 1 ) shall not bear — contain information concerning the geogra any indication, sign, illustration or brand name which phical origin, vine variety, vintage year or any might lead to confusion with a Community product. indication of superior quality ;
(b) the actual and/or total alcoholic strength ; Article S (c) a recommendation to the consumer as to the use of the wine. This Regulation shall not prejudice the application of Directive 69/75/EEC. 3. Only the information specified in paragraphs 1 and 2 shall be permitted for the description of wines resulting from one of the operations referred to in Article 6 Article 1 (1 ). Supplementary information may, however, be This Regulation shall enter into force on 1 March 1977. provided for in accordance with the procedure laid
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 1976. For the Council
The President
A. P. L. M. M. van der STEE
(') OJ No 30, 20 . 4. 1962, p. 989/62.