31978R1861
4 . 8 . 78 Official Journal of the European Communities No L 215 / 1
I
(Acts whose publication is obligatory)
COUNCIL REGULATION (EEC) No 1861 /78
of 25 July 1978 amending Regulation (EEC) No 816/70 laying down additional provisions for the common organization of the market in wine
THE COUNCIL OF THE EUROPEAN COMMUNITIES, wine- growing potential to market requirements, it is necessary to limit the application of these provisions Having regard to the Treaty establishing the to a three-year period at the end of which the results European Economic Community, and in particular of the aforementioned statistical surveys will be Article 43 thereof, available ;
Having regard to the proposal from the Commission, Whereas, with a view to establishing fair conditions of competition on the Community wine market, it is Having regard to the opinion of the European advisable that the Community provisions relating to Parliament (*), the increase in alcoholic strength, to acidification and to deacidification should apply in all wine-growing Having regard to the opinion of the Economic and zones, including C zones, and that the other Social Committee (2 ), oenological pratices provided for under the Community provisions be extended to quality wines psr ; Whereas experience has shown that certain amendments should be made to Council Regulation (EEC) No 816/70 of 28 April 1970 laying down Whereas, in view of the special characteristics additional provisions for the common organization of resulting from natural production conditions, revision the market in wine (3), as last amended by Regulation of the maximum limit of the sulphur dioxide content ( EEC) No 2560/77 (4); for certain Community wines and certain imported wines available only in small quantities and of a high Whereas Council Regulation (EEC) No 978/78 of 10 quality is justified; May 1978 on statistical surveys of areas under vines (5) has taken over from the provisions relating Whereas, in view of scientific progress and experience to the viticultural land register, which have to a great to date, a number of additions and clarifications extent lapsed ; whereas it is therefore necessary to should be made with regard to the existing rules on adjust the provisions on the notification of new oenological practices and treatments which are plantings, replantings, grubbings and incidences of cessation of cultivation of vines and to ensure that allowed in the Community; whereas, in view of the the Commission receives the necessary information large quantity of red wines produced in the Community, Member States should have the option enabling it to draw up a report on the relationship between production and utilization and on the of using calcium phitate in place of potassiumferrocyanide; foreseeable trends in that relationship ; whereas, pending Community decisions aimed at adapting the Whereas, for the sake of clarity, opportunity should be taken of explaining certain provisions of t 1 ) OJ No C 182, 31 . 7. 1978, p. 57. Regulation (EEC) No 816/70 in order to establish (2) Opinion delivered on 20 June 1978 (not yet published clearly the extent of their application; in the Official Journal). (3) OJ No L 99, 5. 5. 1970, p. 1 . (4) OJ No L 303 , 28. 11 . 1977, p. 1 . Whereas Council Directive 76/766/EEC of 27 July (5) OJ No L 128, 17. 5 . 1978, p. 1 . 1976 on the approximation of the laws of the
No L 215 /2 Official Journal of the European Communities 4. 8 . 78
Member States relating to alcohol tables (1) and The Member States shall send to the Commission Council Directive 71 /354/EEC of 18 October 1971 on annually before 15 January, on the basis of the the approximation of the laws of the Member States notifications referred to in paragraph 1 , a national relating to units of measurement (2), as amended by plan showing : Directive 76/770/EEC (3 ), should be used as the basis — the areas which are intended for planting, for certain provisions in Regulation (EEC) No replanting, grubbing-up or cessation of 816/70 ; whereas, in order to ensure the consistency cultivation, of Community provisions, the amendments resulting from the application of the aforementioned two — the areas which have been planted, replanted, Directives and from the alterations to the definitions grubbed-up or the cultivation of which has of the products covered by this Regulation should be ceased, made to Annex IV on the Common Customs Tariff, — the developments in production potential shown by these notifications.
The plan referred to in the third subparagraph HAS ADOPTED THIS REGULATION : shall be submitted in respect of the following geographical units :
Article 1 — in the Federal Republic of Germany : the wine-growing regions defined in accordance with Article 2 of Regulation (EEC) No Article 4a (2) of Regulation (EEC) No 816/70 shall 816/70, be replaced by the following: — in France : the departments or groups of '2. With the exception of types R III, A II and departments listed in the Annex to Regulation A III, table wines with an actual alcoholic (EEC ) No 978/78, strength by volume of not more than 9.5 degrees shall be excluded from all intervention measures — in Italy : the regions listed in Annex III, provided for under this Title other than those — in the other Member States concerned : their referred to in Article 6b and Article 6d .' entire national territory. The Member States may exempt the natural or Article 2 legal persons referred to in the first subparagraph from making the notifications referred to in the second indent of this paragraph if they possess Article 17 of Regulation (EEC) No 816/70 shall be the information as a result of other declarations replaced by the following : made on the basis of official provisions.
'Article 17 2. The Council, acting on a proposal from the Commission in accordance with the voting 1 . Until 31 March 1980, any natural or legal procedure laid down in Article 43 (2) of the person who, during the current wine-growing Treaty, shall adopt before 31 December 1979 the year : necessary measures for declarations relating to the planting, replanting, grubbing-up or cessation of — intends to plant, replant, grub-up or cultivation of vines which shall be applicable definitively cease to cultivate vines , from 1 April 1980. — has planted, replanted, grubbed-up or definitively ceased to cultivate vines, 3 . Each year, before 1 April, the Commission shall submit a report to the Council recording, in shall be obliged to notify the competent authority particular, the ratio between production and of the Member State concerned by a date to be utilization and estimating foreseeable changes in determined by the authority in question. that ratio . The competent authority of the Member State concerned shall acknowledge receipt of the 4. This report shall be drawn up in particular : notification referred to in the first subparagraph ( a) until 31 March 1980, on the basis of the plans by issuing a licence. referred to in the third subparagraph of paragraph 1 ; (!) OJ No L 262, 27. 9. 1976, p . 149. (b) as from 1 April 1980, on the basis of the (2) OJ No L 243 , 29. 10. 1971 , p . 29 . statistical surveys of the areas under vines (3) OJ No L 262, 27. 9. 1976, p . 204. provided for in Regulation (EEC) No 978/78 .
4 . 8 . 78 Official Journal of the European Communities No L 215/3
5 . If that report shows that production is Article 5 tending to exceed foreseeable utilization and, as a consequence, is liable to endanger the income of Article 26a (2) of Regulation (EEC) No 816/70 shall wine growers, the Council shall adopt, in be replaced by the following : accordance with the procedure laid down in Article 43 (2) of the Treaty, within the framework '2. By way of derogation from paragraph 1 , the of a compulsory Community plan, the provisions maximum sulphur dioxide content shall be raised, regarding new planting and replanting of vines as regards wines with a residual sugar content, which are necessary to prevent the formation of expressed as invert sugar, of not less than five structural surpluses. grams per litre, to :
( a) 225 milligrams per litre for red wines and 6 . The provisions of this Article shall not 275 milligrams per litre for white and rose prevent the application of more restrictive wines ; national regulations regarding new planting and replanting of vines. ( b) 300 milligrams per litre for wines qualifying for the description "Spatlese", in accordance 7. Detailed rules for the application of with Community provisions, and quality paragraphs 1 , 3 and 4 shall be adopted in white wines psr entitled to the registered accordance with the procedure laid down in designation of origin Bordeaux supérieur, Article 7 of Regulation No 24.' Graves de Vayres, Cotes de Bordeaux St-Marcaire, Premieres Cotes de Bordeaux, Ste Foy Bordeaux, Cotes de Bergerac Article 3 (whether or not followed by the description " Cotes de Saussignac"), Haut Montravel, The first indent of Article 22 (2) of Regulation (EEC ) Cotes de Montravel, Rosette ; No 816/70 shall be replaced by the following : ( c) 350 milligrams per litre for wines qualifying '— before 1 January in wine-growing zones C,' for the description "Auslese", in accordance with Community provisions, and white wines Article 4 described as "superior wine of designated origin" in accordance with Romanian legislation and entitled to bear one of the Article 24 (2) of Regulation (EEC) No 816/70 shall following names : Murfatlar, Cotnari, Tîrnave, be replaced by the following : Pietroasele, Valea Călugărească ; '2. With the exception of the producers referred to in paragraph 5 and except by way of (d) 400 milligrams per litre for wines qualifying derogation save as otherwise decided by the for the descriptions "Beerenauslese", Council, acting in accordance with the voting "Ausbruch", "Ausbruchwein", and "Trocken procedure laid down in Article 43 (2) of the beerenauslese", in accordance with Com Treaty on a proposal from the Commission, any munity provisions, and quality white wines natural or legal person or group of persons psr entitled to the registered designations of manufacturing wine shall be required to distil the origin Sauternes, Barsac, Cadillac, Cerons, grape marc and wine lees relating to such Loupiac, Sainte-Croix-du-Mont, Monbazillac, manufacture or, failing that, a corresponding Bonnezeaux, Quarts de Chaume, Coteaux du quantity of wine from his or their own Laon, Coteaux de l'Aubance, Graves production . Superieures, Jurançon .' Where those subject to the obligation to distil referred to in the first subparagraph do not hold Article 6 all or part of the by-products connected with the production of wine, they shall be discharged from this obligation in respect of the quantities for The text of the second indent of Article 26b ( 1 ) of which they supply proof that distillation was Regulation (EEC) No 816/70 shall be replaced by the effected by the individuals who supplied them following : with the grape must, grape must in fermentation or new wine still in fermentation . '— 18 milliequivalents for white and rose wines.' The Member States shall decide on the measures necessary to ensure fair implementation of the Article 7 second subparagraph with respect to the relationship between those who produced the wine and those who supplied the products The following subparagraph shall be added to Article connected therewith,' 26c (3 ) of Regulation (EEC) No 816/70 :
No L 215 /4 Official Journal of the European Communities 4. 8 . 78
'In the case of the treatments referred to in Article 8 paragraph 2 (p) of Annex Ha. Member States may decide that calcium phitate is to be used instead of potassium ferrocyanide in all red wines Annex I to Regulation (EEC) No 816/70 shall be produced in their territory.' replaced by the following :
'ANNEX 1
ALCOHOLIC STRENGTHS
1 . "Actual alcoholic strength by volume" means the number of volumes of pure alcohol contained at a temperature of 20 °C in 100 volumes of the product at that temperature. '
2. "Potential alcoholic strength by volume" means the number of volumes of pure alcohol at a temperature of 20 °C capable of being produced by total fermentation of the sugars contained in 100 volumes of the product at that temperature.
3 . "Total alcoholic strength by volume" means the sum of the actual and potential alcoholic strengths.
4. " Natural alcoholic strength by volume" means the total alcoholic strength by volume of a product before any enrichment.
5. "Actual alcoholic strength by mass" means the number of kilograms of pure alcohol contained in 100 kg of the product.
6 . "Potential alcoholic strength by mass" means the number of kilograms of pure alcohol capable of being produced by total fermentation of the sugars contained in 100 kg of the product.
7. " Total alcoholic strength by mass" means the sum of the actual and potential alcoholic strengths by mass .'
Article9¶
Annex II to Regulation (EEC) No 816/70 shall be amended as follows :
(a) Point 2 shall be replaced by the following :
'2. Grape must : the liquid product obtained naturally or by physical processes from fresh grapes with an actual alcoholic strength by volume of not more than 1 % vol.'
(b) Point 3 shall be replaced by the following :
*3 . Grape must in fermentation : the product obtained from the fermentation of grape must and with an actual alcoholic strength by volume of more than 1 % vol but less than three fifths of its total alcoholic strength by volume ; however, certain quality wines psr having an actual alcoholic strength by volume of less than three fifths of their total alcoholic strength by volume but not less than 5-5 % vol shall not be considered as grape must in fermentation.'
(c) Point 17 shall be replaced by the following :
* 17. Wine lees : the muddy residue accumulating in wine vessels after fermentation or during the storage of wine, dried or not ; a distinction is drawn between : — lees having a total alcoholic strength by volume of not more than 7-9 % mas and having a dry matter content not less than 25 % by weight, and — other lees,'
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(d) Point 18 shall be replaced by the following :
' 18 . Grape marc : the residue from the pressing of fresh grapes, whether or not fermented ; a distinction is drawn between : — grape marcs having a total alcoholic strength by volume of not more than 4.3 % mas and a dry matter content of not less than 40 % by weight, — other grape marcs .'
Article10¶
Annex IIa of Regulation (EEC) No 816/70 is hereby amended as follows :
(a) In paragraph 1 :
— point (d) shall be replaced by the following :
'( d) use of carbon dioxide or nitrogen , either alone or combined, in order to create an inert atmosphere and to treat the product shielded from the air
— point (f) shall be replaced by the following :
'(f) addition of diammonium phosphate or ammonium sulphate up to 0.3 g/litre respec tively and of thiamin hydrochloride up to 0.6mg/litre expressed as thiamin to en courage the growth of yeasts
— point (g) shall be replaced by the following :
'(g) use of sulphur dioxide, potassium bisulphite or potassium metabisulphite, which may also be called potassium disulphite or potassium pyrosulphite ;'
— point (k) shall be replaced by the following :
'( k) use of sorbic acid or potassium sorbate ;'
(b) In paragraph 2 :
— in the first sentence, the phrase 'and quality wines psr' shall be added after 'sparkling wine' ;
— point (e) shall be replaced by the following :
'(e) use of carbon dioxide or nitrogen , either alone or combined, in order to create an inert atmosphere and to treat the wine shielded from the air. The carbon dioxide content of wine preserved or treated in this way may not exceed 2 g/litre ;'
— point (g) shall be replaced by the following :
'(g) use, as laid down in Community rules , of sulphur dioxide , potassium bisulphite or potassium metabisulphite, which may also be called potassium disulphite or potassium pyrosulphite ;'
— point (h) shall be replaced by the following :
'(h) addition of sorbic acid or potassium sorbate provided that the final sorbic acid con tent of the treated product on its release to the market for direct human consumption does not exceed 200 mg/litre ;'
— in point (o), the expression '100 mg/litre' shall be replaced by '100 g of dry product per hi' ;
No L 215 / 6 Official Journal of the European Communities 4. 8 . 78
— point (p) shall be replaced by the following :
'(p) treatment, under conditions to be laid down : — of white wines and rosé wines , with potassium ferrocyanide, — of red wines , with potassium ferrocyanide or with calcium phitate, in accordance with the sixth subparagraph of Article 26c (3).'
Article11¶
Annex IV to Regulation (EEC) No 816/70 shall be replaced by the following :
'ANNEX IV
AMENDMENT TO THE COMMON CUSTOMS TARIFF
CHAPTER 20
PREPARATIONS OF VEGETABLES , FRUIT OR OTHER PARTS OF PLANTS
Notes ( unchanged )
Additional Note 4 shall be replaced by the following notes :
4. For the purposes of subheadings 20.07 A I, 20.07 B I a) 1 and b) 1 : — "unfermented and not containing spirit" means grape juice (including grape must) with an actual alcoholic strength by volume of not more than 1 % vol; — "actual alcoholic strength by volume" means the number of volumes of pure alcohol at a temperature of 20 °C contained in 100 volumes of the product at that temperature.
5. For the purposes of subheadings 20.07 B I a) 1 aa) and 20.07 B I b) 1 aa), "concentrated grape juice (including grape must)" means grape juice (including grape must) the volumetric mass of which at 20° C is not less than 1-240.
Rate of duty Heading number Description Autonomous Conventional % or levy % (L)
1 2 3 4
20.07 Fruit juices (including grape must) and vegetable juices, whether or not containing added sugar, but unfermented and not containing spirit : A. Of a specific gravity exceeding 1.33 at 15 °C : I. Grape juice (including grape must) : — 50 (a) a) Of a value exceeding 22 u.a. per 100 kg net weight b) Of a value not exceeding 22 u.a. per 100 kg net weight : 1 . With an added sugar content exceeding 30 % by weight 50 + (L) (a) 2 . Other 50 (a)
II and III. (unchanged)
( a) In certain conditions a countervailing tax is provided for in respect of certain products in addition to the customs duty.
4 . 8 . 78 Official Journal of the European Communities No L 215/7
Rate of duty
Heading Description Autonomous number Conventional % or levy % (L)
1 2 3 4
20.07 B. Of a specific gravity of 1.33 or less at 15 °C : (cont'd) I. Grape, apple and pear juice (including grape must) ; mixtures of apple and pear juice : a) Of a value exceeding 18 u.a. per 100 kg net weight : 1 . Grape juice (including grape must): aa) Concentrated : 28 ( a) 28 11 . With an added sugar content exceeding 30 % by weight + ads 22 . Other 28 (a) 28 + ads bb) Other : 28 (a) 28 11 . With an added sugar content exceeding 30 % by weight + ads 22. Other 28 (a) 28 + ads 2 and 3 . (unchanged) b) Of a value of 18 u.a. or less per 100 kg net weight : 1 . Grape juice (including grape must): aa) Concentrated : 28 ' 28 11 . With an added sugar content exceeding 30 % by weight + (L) (a) + ads 22 . Other 28 (a) 28 + ads bb) Other : OO 28 11 . With an added sugar content exceeding 30 % by weight + (L) (a) + ads 22 . Other 28 (a) 28 + ads 2 to 4. (unchanged)
II. ( unchanged )
(a) In certain conditions a countervailing tax is provided for in respect of certain products in addition to the customs duty.
CHAPTER 22
BEVERAGES, SPIRITS AND VINEGAR
Notes ( unchanged )
Additional Notes
1 . For the purposes of headings Nos 22.04, 22.05 and 22.06 and subheading 22.07 A :
(a) "actual alcoholic strength by volume" means the number of volumes of pure alcohol contained at a temperature of 20° C in 100 volumes of the product at that temperature;
(b) "potential alcoholic strength by volume" means the number of volumes of pure alcohol at a temperature of 20 °C capable of being produced by total fermentation of the sugars contained in 100 volumes of the product at that temperature; (c) "total alcoholic strength by volume" means the sum of the actual and potential alcoholic strengths ;
No L 215 / 8 Official Journal of the European Communities 4 . 8 . 78
(d) "natural alcoholic strength by volume" means the total alcoholic strength by volume of a product before any enrichment ;
(e) "% vol" is the symbol for alcoholic strength by volume.
2. For the purposes of heading No 22.04, "grape must in fermentation" means the product derived from the fermentation of grape must, having an actual alcoholic strength by volume of more than 1 % vol and less than three fifths of its total alcoholic strength by volume.
3 . For the purposes of heading No 22.05 :
A. "Sparkling wine" (subheading 22.05 A) means a product having an actual alcoholic strength by volume of not less than 8.5 % vol, obtained : — either by first or second alcoholic fermentation of fresh grapes, grape must or wine, and releasing, when the container is opened, carbon dioxide derived exclusively from the fermentation ,
— or from wine and releasing, when the container is opened, carbon dioxide derived wholly or partly from the addition of this gas, and having, when kept at a temperature of 20 ° C in closed containers, an excess pressure of not less than three bar.
B. " Total dry extract" means the content in grams per litre of all the substances in a product which, under given physical conditions, do not volatilise. The total dry extract must be determined with the densimeter at 20 °C.
C. (a) The presence in the products falling within subheading 22.05 C of the quantities of total dry extract per litre indicated in I, II, III and IV below does not affect their classification :
I. Products of an actual alcoholic strength by volume of not more than 13 % vol : 90 g or less of total extract per litre ;
II. Products of an actual alcoholic strength by volume of more than 13 % vol but not more than 15 % vol : 130 g or less of total dry extract per litre ;
III. Products of an actual alcoholic strength by volume of more than 15 % vol but not more than 18 % vol : 130 g or less of total dry extract per litre ;
IV. Products of an actual alcoholic strength by volume of more than 18 % vol but not more than 22 % vol : 330 g or less of total dry extract per litre.
Products with a total dry extract exceeding the maximum quantity shown above in each category are to be classified in the next following category, except that, if the total dry extract exceeds 330 g/litre, the products are to be classified in subheading 22.05 C V.
(b) The above rules do not apply to products falling within subheadings 22.05 C III a) 1 , b) 1 and b) 2 and 22.05 C IV a) 1 , b) 1 and b) 2 .
4. Subheading 22.05 C shall be taken to include :
(a) Grape must with fermentation arrested by the addition of alcohol, that is to say a product :
— having an actual alcoholic strength by volume of not less than 12 % vol but less than 15 % vol, and
— obtained by the addition to unfermented grape must having a natural alcoholic strength by volume of not less than 8.5 % vol of a product derived from the distillation of wine.
(b) Wine fortified for distillation, that is to say a product :
— having an actual alcoholic strength by volume of not less than 18 % vol but not more than 24 % vol, — obtained exclusively by the addition to wine containing no residual sugar of an unrectified product derived from the distillation of wine and having a maximum actual alcoholic strength by volume of 86 % vol, and
— having a maximum volatile acidity of 2-40 g!litre, expressed as acetic acid.
4 . 8 . 78 Official Journal of the European Communities No L 215 /9
(c) Liqueur wine, that is to say a product :
— having a total alcoholic strength by volume of not less than 17.5 % vol and an actual alcoholic strength by volume of not less than 15 % vol but not more than 22 % vol, and
— obtained from grape must or wine, which must come from wine varieties approved in the third country of origin for the production of liqueur wine and have a minimum natural alcoholic strength by volume of 12 % vol :
— by freezing, or
— by the addition during or after fermentation :
— of a product derived from the distillation of wine, or
— of concentrated grape must or, in the case of certain quality liqueur wines appearing on a list to be adopted of wines for which such practice is traditional, of grape must concentrated by direct heat, which, apart from this operation, corresponds to the definition of concentrated grape must, or
— of a mixture of these products.
However, certain quality liqueur wines appearing on a list to be adopted may be obtained from unfermented fresh grape must which does not need to have a minimum natural alcoholic strength by volume of 12 % vol.
5 . For the purposes of subheading 22.07 A, the expression "piquette" means the product obtained by the fermentation of untreated grape marc macerated in water or by the extraction of fermented grape marc with water.
6. For the purposes of subheading 22.07 B I, the following are regarded as sparkling" :
— fermented beverages in bottles with "mushroom" stoppers held in place by ties or fastenings ;
— fermented beverages otherwise put up, with an excess pressure of not less than 1.5 bar, measured at a tem perature of 20 °C.
7. For the purposes of subheading 22.10 A, the expression "wine vinegar" means vinegar obtained exclusively by acetous fermentation of wine and having a total acidity of not less than 60 g/litre, expressed as acetic acid.
Rate of duty Heading number Description Autonomous Conventional % or levy % ( L)
1 2 3 4
22.04 Grape must, in fermentation or with fermentation arrested otherwise than by the addition of alcohol 40 (a ) 22.05 Wine of fresh grapes ; grape must with fermentation arrested by the addition of alcohol : 40 u.a . — A. Sparkling wine per hi ( a) B. Wine in bottles with " mushroom" stoppers held in place by ties or fastenings, and wine otherwise put up with an excess pressure of not less than one bar but less than three bar measured at a temperature of 20 °C 40 u.a . — per hi (a)
(a) ' In certain conditions a countervailing tax is provided for in respect of certain products in addition to the customs duty.
No L 215 / 10 Official Journal of the European Communities 4. 8 . 78
Rate of duty Heading number Description Autonomous Conventional % or levy % (L)
1 2 3 4
22.05 C. Other : (cont'd) I. Of an actual alcoholic strength by volume not exceeding 13 % vol , in containers holding : a ) Two litres or less 12 u.a . per hi (a) ( b) b) More than two litres 9 u.a . 9 u.a . per hi ( a) ( b) per hi (b) II . Of an actual alcoholic strength by volume exceeding 13 % vol but not exceeding 15 % vol , in containers holding : a) Two litres or less 14 u.a . per hi ( a) (b) b) More than two litres 11 u.a . 11 u.a . per hi (a ) ( b) per hi ( b) III. Of an actual alcoholic strength by volume exceeding 15 % vol but not exceeding 18 % vol , in containers holding : a) Two litres or less : 1 . Port, Madeira , sherry, Tokay (Aszu and Szamorodni) and Setubal muscatel (c) 15 u.a . 13-5 u.a . per hi (b) per hi ( b) 2 . Other 17 u.a . per hi ( a) ( b) b) More than two litres : 1 . Port, Madeira, sherry and Setubal muscatel (c) 12 u.a . 11 u.a . per hi ( b) per hi (b) 2. Tokay (Aszu and Szamorodni) (c) 12 u.a . per hi (b) 3 . Other 14 u.a . per hi (a) ( b) IV. Of an actual alcoholic strength by volume exceeding 18 % vol but not exceeding 22 % vol , in containers holding : a) Two litres or less : 1 . Port, Madeira , sherry, Tokay (Aszu and Szamorodni) and 16 u.a . 14.5 u.a . Setubal muscatel (c) per hi (b) per hi ( b) 2 . Other 19 u.a . 19 u.a . per hi ( a) ( b) per hi (b) b) More than two litres : 13 u.a . 12 u.a . 1 . Port, Madeira , sherry and Sebutal muscatel (c) per hl(b) per hi (b) 13 u.a . 2. Tokay (Aszu and Szamorodni) (c) per hi ( b) 3 . Other 19 u.a . 19 u.a . per hi ( a) ( b) per hi (b) V. Of an actual alcoholic Strength by Volume exceeding 22 % Vol, in containers holding : a) Two litres or less 1.60 u.a . per hi and per % vol + 10 u.a . per hi (a) (b) b) More than two litres 1.60 u.a . per hi and per % vol ( a) (b)
(a) In certains conditions a countervailing tax is provided for in respect of certain products in addition to the customs duty. (b) The exchange rate to be applied in converting into national currencies the unit of account in which the customs duty is expressed shall, notwith standing General Rule C 3 contained in Part I, Section I, be the representative rate applicable to wine, if such a rate is fixed pursuant to Council 129 value °* r"e un^ account and the exchange rates to be applied for the purposes of the common agricultural policy ( OJ No 106, 30. 10. 1962 , p. 2553/62). (c) Entry under this subheading is subject to conditions to be determined by the competent authorities *
4 . 8 . 78 Official Journal of the European Communities No L 215/ 11
Rate of duty Heading Description Autonomous number Conventional % or levy % (L)
1 2 3 4
22.07 Other fermented beverages (for example, cider perry and mead) : 1.60 u.a . per hi and per % vol with a min. of 9 u.a . per hi ( a) B. Other : 30 u.a . — I. Sparkling per hi II. Still, in containers holding : a) Two litres or less 12 u.a . per hi b) More than two litres 9 u.a . per hi 22.10 Vinegar and substitutes for vinegar : A. Wine vinegar, in containers holding : I. Two litres or less 8 u.a . per hi ( a) 6 u.a . — II . More than two litres per hi (a) B. Other, in containers holding : * I. Two litres or less 8 u.a . per hi II . More than two litres 6 u.a . per hi
( a) In certain conditions a countervailing tax is provided for in respect of certain products in addition to the customs duty.
CHAPTER 23
RESIDUES AND WASTE FROM THE FOOD INDUSTRIES ; PREPARED ANIMAL FODDER
Additional Notes
1 . For the purposes of subheadings 23.05 A and 23.06 A I, the following expressions shall have the meanings hereby assigned to them :
— "actual alcoholic strength by mass" : the number of kilograms of pure alcohol contained in 100 kg of the product ;
— "potential alcoholic strength by mass" : the number of kilograms of pure alcohol capable of being produced by total fermentation of the sugars contained in 100 kg of the product;
— "total alcoholic strength by mass" : the sum of the actual and potential alcohol strengths by mass ;
— "% mas" : the symbol for alcoholic strength by mass.
2 . (unchanged)
No L 215 / 12 Official Journal of the European Communities 4. 8 . 78
Rate of duty Heading Autonomous number Description % Conventional or levy % ( L) 1 2 3 4
23.05 Wine lees ; argol : A. Wine less : I. Having a total alcoholic strength by mass not exceeding 7.9 % mas and a dry matter content not less than 25 % by weight Free ( a) II. Other 2.03 u.a . per kg of total alcohol (a) B. Argol Free
23.06 Products of vegetable origin of a kind used for animal food, not elsewhere specified or included : A. Acorns, horse chestnuts and pomace or marc of fruit : I. Grape marc : a) Having a total alcoholic strength by mass not exceeding 4-3 % Free (a) Free mas and a dry matter content not less than 40 % by weight b) Other 2.03 u.a . per kg of total alcohol (a) II . Other Free Free B. Other 4 2
(a) In certain conditions a countervailing tax is provided for in respect of certain products in addition to the customs duty.'
Article12¶
— Article 28 ( 1 ) (b) and ( la) (a), 1 . The term 'atmosphere' shall be replaced by 'bar' — Annex II, with the exception of points 2, 3 , 17 in Annex II, points 12, 13, 14 and 15 of Regulation and 18 . (EEC) No 816/70.
2. The symbol '% vol' shall replace the term 3 . The words 'by volume' shall be added to the 'degree' or the symbol ' ° ' in the following provisions term 'alcoholic strength' in the following provisions of of Regulation (EEC) No 816/70 : Regulation (EEC ) No 816/70 : — Article 2 (3 ), second subparagraph, — Article 4a (2), — Article 4a (2), — Article 18 ( 1 ) and (2), — Article 9 ( 1 ), second subparagraph, — Article 19 ( 1 ) (5) and (6), — Article 18 ( 1 ) and (2), — Article 21 ( 1 ), — Article 19 (5 ) and ( 6 ), — Article 24 ( 3 ) and (7 ), — Article 21 ( 1 ) (b),
— Article 26 ( 1 ), — Article 24a ( 1 ),
— Article 26b (3 ) (b), — Article 26 ( 1 ),
4 . 8 . 78 Official Journal of the European Communities No L 215 / 13
— Article 26b (3 ) (b), Article 13
This Regulation shall enter into force on the third — Article 27 (3 ) (a), (3a) and (4), day following its publication in the Official Journal of the European Communities. — Article 28 ( 1 ) (b) and ( la) (a), It shall apply from 1 September 1978, with the exception of Articles 8, 9, 11 and 12, which shall — Annex II . apply from 1 January 1979.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 25 July 1978 .
For the Council
The President J. ERTL