Avis juridique important

Regulation (EEC) No 3282/73 of the Commission of 5 December 1973 defining the terms 'coupage' and 'the turning into wine' Official Journal L 337 , 06/12/1973 P. 0020 - 0021 Greek special edition: Chapter 03 Volume 10 P. 0053 Spanish special edition: Chapter 03 Volume 7 P. 0095 Portuguese special edition Chapter 03 Volume 7 P. 0095

++++ ( 1 ) OJ N L 99 , 5 . 5 . 1970 , P . 1 . ( 2 ) OJ N L 269 , 26 . 9 . 1973 , P . 1 . ( 3 ) OJ N L 191 , 21 . 8 . 1972 , P . 31 . ( 4 ) OJ N L 176 , 30 . 6 . 1973 , P . 77 . REGULATION ( EEC ) N 3282/73 OF THE COMMISSION OF 5 DECEMBER 1973 DEFINING THE TERMS " COUPAGE " AND " THE TURNING INTO WINE " THE COMMISSION OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ; HAVING REGARD TO COUNCIL REGULATION ( EEC ) N 816/70 ( 1 ) OF 28 APRIL 1970 LAYING DOWN ADDITIONAL PROVISIONS FOR THE COMMON ORGANIZATION OF THE MARKET IN WINE , AS LAST AMENDED BY REGULATION ( EEC ) N 2592/73 ( 2 ) , AND IN PARTICULAR ARTICLES 26 ( 6 ) , 27 ( 5 ) , 28 ( 5 ) AND 30 ( 4 ) THEREOF ; WHEREAS , IN ORDER TO ENSURE THAT THE TERMS " COUPAGE " AND " THE TURNING INTO WINE " ARE INTERPRETED CONSISTENTLY IN ALL COMMUNITY REGULATIONS , IT IS NECESSARY THAT THOSE TERMS BE DEFINED ; WHEREAS THE DEFINITIONS MUST BE DRAWN HAVING REGARD TO THE PROVISIONS OF COMMUNITY LAW ALREADY APPLICABLE , TO THE IMPORTANCE OF ENCOURAGING THE PRODUCTION OF GOOD QUALITY PRODUCTS , AND TO THE REQUIREMENTS OF THOSE PROFESSIONALLY CONCERNED ; WHEREAS COUPAGE IS THE MIXING OF WINES OF DIFFERENT ORIGINS OR OF DIFFERENT CATEGORIES ; WHEREAS , SINCE IN THE CASE OF WINES OR MUSTS ORIGINATING IN THE SAME WINE-GROWING ZONE OF THE COMMUNITY , OR IN THE SAME PRODUCTION AREA IN A THIRD COUNTRY , WITHIN THE MEANING OF COMMISSION REGULATION ( EEC ) N 1770/72 ( 3 ) OF 3 AUGUST 1972 ON DETAILED RULES OF APPLICATION RELATING TO THE ADDITIONAL CONDITIONS WITH WHICH IMPORTED WINES FOR DIRECT HUMAN CONSUMPTION HAVE TO COMPLY , AS LAST AMENDED BY REGULATION ( EEC ) N 1757/73 ( 4 ) , INDICATION OF THEIR GEOGRAPHICAL ORIGIN OR WINE VARIETY IS OF GREAT IMPORTANCE AS REGARDS THEIR COMMERCIAL VALUE , IT SHOULD BE PROVIDED THAT , WHERE WINES OR GRAPE MUSTS FROM THE SAME ZONE , BUT FROM DIFFERENT GEOGRAPHICAL AREAS WITHIN THAT ZONE , OR FROM DIFFERENT WINE VARIETIES OR HARVEST YEARS , ARE MIXED TOGETHER , AND MENTION IS MADE IN THE DESCRIPTION OF THE RESULTING PRODUCT OF THE GEOGRAPHICAL ORIGIN , WINE VARIETY OR HARVEST YEAR , THIS IS ALSO TO BE REGARDED AS " COUPAGE " ; WHEREAS THE TURNING INTO WINE SHOULD BE CONSIDERED TO COVER THE TRANSFORMATION BY TOTAL OR PARTIAL ALCOHOLIC FERMENTATION OF FRESH GRAPES , WHETHER OR NOT CRUSHED , GRAPE MUST , WHETHER OR NOT CONCENTRATED , PARTIALLY FERMENTED GRAPE MUST , GRAPE JUICE , WHETHER OR NOT CONCENTRATED , OR NEW WINES STILL IN FERMENTATION , WHILE IT IS UNDERSTOOD THAT ALL SUBSEQUENT PROCESSES UNTIL BOTTLING SHOULD BE REGARDED AS OENOLOGICAL PRACTICES ; WHEREAS THE MEASURES PROVIDED FOR ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR WINES , HAS ADOPTED THIS REGULATION : ARTICLE 1 THIS REGULATION SHALL APPLY FOR THE PURPOSES OF THE IMPLEMENTATION OF REGULATION ( EEC ) N S 816/70 AND 817/70 ; PROVIDED THAT IT SHALL NOT APPLY IN RESPECT OF SPARKLING OR LIQUEUR WINES . ARTICLE 2 1 . " COUPAGE " MEANS THE MIXING TOGETHER OF WINES OR MUSTS COMING FROM : ( A ) DIFFERENT STATES , OR ( B ) DIFFERENT WINE-GROWING ZONES OF THE COMMUNITY OR FROM DIFFERENT PRODUCTION ZONES OF A THIRD COUNTRY , WITHIN THE MEANING OF ANNEX III TO REGULATION ( EEC ) N 1770/72 , OR ( C ) THE SAME WINE-GROWING ZONE OF THE COMMUNITY OR OF THE SAME PRODUCTION ZONE OF A THIRD COUNTRY BUT BEING OF DIFFERENT _ GEOGRAPHICAL ORIGINS , OR _ WINE VARIETIES , OR _ HARVEST YEARS FOR AS LONG AS MENTION IS OR MUST BE MADE OF THE GEOGRAPHICAL ORIGIN , WINE VARIETY OR HARVEST YEAR IN THE DESCRIPTION OF THE PRODUCT IN QUESTION . ( D ) WINES OR MUSTS OF DIFFERENT CATEGORIES . 2 . THE FOLLOWING SHALL BE CONSIDERED TO BE DIFFERENT CATEGORIES OF WINE OR MUST : _ RED WINE , WHITE WINE AND THE MUSTS OR WINES SUITABLE FOR YIELDING ONE OF THESE CATEGORIES OF WINE ; _ TABLE WINE OR QUALITY WINE P.S.R . , AND THE MUSTS OR WINES SUITABLE FOR YIELDING ONE OF THESE CATEGORIES OF WINE . FOR THE PURPOSES OF THIS PARAGRAPH , ROSE WINE IS TO BE REGARDED AS RED WINE . 3 . THE FOLLOWING PROCESSES SHALL NOT BE REGARDED AS " COUPAGE " : ( A ) THE ADDITION , FOR THE PURPOSE OF INCREASING NATURAL ALCOHOLIC STRENGTH , OF CONCENTRATED GRAPE MUST ; ( B ) THE SWEETENING : _ OF A TABLE WINE ; _ OF A QUALITY WINE P.S.R . , WHERE THE SWEETENER COMES FROM THE SPECIFIED REGION CONCERNED AND BEARS THE NAME OF THAT REGION ; ( C ) PRODUCTION OF A QUALITY WINE P.S.R . IN ACCORDANCE WITH TRADITIONAL PRACTICES WITHIN THE MEANING OF THE SECOND SUBPARAGRAPH OF ARTICLE 5 ( 1 ) ( A ) OF REGULATION ( EEC ) N 817/70 . ARTICLE 3 " TURNING INTO WINE " MEANS THE TRANSFORMATION INTO WINE BY TOTAL OR PARTIAL ALCOHOLIC FERMENTATION OF FRESH GRAPES , WHETHER OR NOT CRUSHED , GRAPE MUST , WHETHER OR NOT CONCENTRATED , PARTIALLY FERMENTED GRAPE MUST , GRAPE JUICE , WHETHER OR NOT CONCENTRATED , OR NEW WINES STILL IN FERMENTATION . ARTICLE 4 THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 5 DECEMBER 1973 . FOR THE COMMISSION THE PRESIDENT FRANCOIS-XAVIER ORTOLI

++++

( 1 ) OJ N L 99 , 5 . 5 . 1970 , P . 1 .

( 2 ) OJ N L 269 , 26 . 9 . 1973 , P . 1 .

( 3 ) OJ N L 191 , 21 . 8 . 1972 , P . 31 .

( 4 ) OJ N L 176 , 30 . 6 . 1973 , P . 77 .

REGULATION ( EEC ) N 3282/73 OF THE COMMISSION

OF 5 DECEMBER 1973

DEFINING THE TERMS " COUPAGE " AND " THE TURNING INTO WINE "

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) N 816/70 ( 1 ) OF 28 APRIL 1970 LAYING DOWN ADDITIONAL PROVISIONS FOR THE COMMON ORGANIZATION OF THE MARKET IN WINE , AS LAST AMENDED BY REGULATION ( EEC ) N 2592/73 ( 2 ) , AND IN PARTICULAR ARTICLES 26 ( 6 ) , 27 ( 5 ) , 28 ( 5 ) AND 30 ( 4 ) THEREOF ;

WHEREAS , IN ORDER TO ENSURE THAT THE TERMS " COUPAGE " AND " THE TURNING INTO WINE " ARE INTERPRETED CONSISTENTLY IN ALL COMMUNITY REGULATIONS , IT IS NECESSARY THAT THOSE TERMS BE DEFINED ;

WHEREAS THE DEFINITIONS MUST BE DRAWN HAVING REGARD TO THE PROVISIONS OF COMMUNITY LAW ALREADY APPLICABLE , TO THE IMPORTANCE OF ENCOURAGING THE PRODUCTION OF GOOD QUALITY PRODUCTS , AND TO THE REQUIREMENTS OF THOSE PROFESSIONALLY CONCERNED ;

WHEREAS COUPAGE IS THE MIXING OF WINES OF DIFFERENT ORIGINS OR OF DIFFERENT CATEGORIES ;

WHEREAS , SINCE IN THE CASE OF WINES OR MUSTS ORIGINATING IN THE SAME WINE-GROWING ZONE OF THE COMMUNITY , OR IN THE SAME PRODUCTION AREA IN A THIRD COUNTRY , WITHIN THE MEANING OF COMMISSION REGULATION ( EEC ) N 1770/72 ( 3 ) OF 3 AUGUST 1972 ON DETAILED RULES OF APPLICATION RELATING TO THE ADDITIONAL CONDITIONS WITH WHICH IMPORTED WINES FOR DIRECT HUMAN CONSUMPTION HAVE TO COMPLY , AS LAST AMENDED BY REGULATION ( EEC ) N 1757/73 ( 4 ) , INDICATION OF THEIR GEOGRAPHICAL ORIGIN OR WINE VARIETY IS OF GREAT IMPORTANCE AS REGARDS THEIR COMMERCIAL VALUE , IT SHOULD BE PROVIDED THAT , WHERE WINES OR GRAPE MUSTS FROM THE SAME ZONE , BUT FROM DIFFERENT GEOGRAPHICAL AREAS WITHIN THAT ZONE , OR FROM DIFFERENT WINE VARIETIES OR HARVEST YEARS , ARE MIXED TOGETHER , AND MENTION IS MADE IN THE DESCRIPTION OF THE RESULTING PRODUCT OF THE GEOGRAPHICAL ORIGIN , WINE VARIETY OR HARVEST YEAR , THIS IS ALSO TO BE REGARDED AS " COUPAGE " ;

WHEREAS THE TURNING INTO WINE SHOULD BE CONSIDERED TO COVER THE TRANSFORMATION BY TOTAL OR PARTIAL ALCOHOLIC FERMENTATION OF FRESH GRAPES , WHETHER OR NOT CRUSHED , GRAPE MUST , WHETHER OR NOT CONCENTRATED , PARTIALLY FERMENTED GRAPE MUST , GRAPE JUICE , WHETHER OR NOT CONCENTRATED , OR NEW WINES STILL IN FERMENTATION , WHILE IT IS UNDERSTOOD THAT ALL SUBSEQUENT PROCESSES UNTIL BOTTLING SHOULD BE REGARDED AS OENOLOGICAL PRACTICES ;

WHEREAS THE MEASURES PROVIDED FOR ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR WINES ,

HAS ADOPTED THIS REGULATION :

THIS REGULATION SHALL APPLY FOR THE PURPOSES OF THE IMPLEMENTATION OF REGULATION ( EEC ) N S 816/70 AND 817/70 ; PROVIDED THAT IT SHALL NOT APPLY IN RESPECT OF SPARKLING OR LIQUEUR WINES .

1 . " COUPAGE " MEANS THE MIXING TOGETHER OF WINES OR MUSTS COMING FROM :

( A ) DIFFERENT STATES , OR

( B ) DIFFERENT WINE-GROWING ZONES OF THE COMMUNITY OR FROM DIFFERENT PRODUCTION ZONES OF A THIRD COUNTRY , WITHIN THE MEANING OF ANNEX III TO REGULATION ( EEC ) N 1770/72 , OR

( C ) THE SAME WINE-GROWING ZONE OF THE COMMUNITY OR OF THE SAME PRODUCTION ZONE OF A THIRD COUNTRY BUT BEING OF DIFFERENT

_ GEOGRAPHICAL ORIGINS , OR

_ WINE VARIETIES , OR

_ HARVEST YEARS

FOR AS LONG AS MENTION IS OR MUST BE MADE OF THE GEOGRAPHICAL ORIGIN , WINE VARIETY OR HARVEST YEAR IN THE DESCRIPTION OF THE PRODUCT IN QUESTION .

( D ) WINES OR MUSTS OF DIFFERENT CATEGORIES .

2 . THE FOLLOWING SHALL BE CONSIDERED TO BE DIFFERENT CATEGORIES OF WINE OR MUST :

_ RED WINE , WHITE WINE AND THE MUSTS OR WINES SUITABLE FOR YIELDING ONE OF THESE CATEGORIES OF WINE ;

_ TABLE WINE OR QUALITY WINE P.S.R . , AND THE MUSTS OR WINES SUITABLE FOR YIELDING ONE OF THESE CATEGORIES OF WINE .

FOR THE PURPOSES OF THIS PARAGRAPH , ROSE WINE IS TO BE REGARDED AS RED WINE .

3 . THE FOLLOWING PROCESSES SHALL NOT BE REGARDED AS " COUPAGE " :

( A ) THE ADDITION , FOR THE PURPOSE OF INCREASING NATURAL ALCOHOLIC STRENGTH , OF CONCENTRATED GRAPE MUST ;

( B ) THE SWEETENING :

_ OF A TABLE WINE ;

_ OF A QUALITY WINE P.S.R . , WHERE THE SWEETENER COMES FROM THE SPECIFIED REGION CONCERNED AND BEARS THE NAME OF THAT REGION ;

( C ) PRODUCTION OF A QUALITY WINE P.S.R . IN ACCORDANCE WITH TRADITIONAL PRACTICES WITHIN THE MEANING OF THE SECOND SUBPARAGRAPH OF ARTICLE 5 ( 1 ) ( A ) OF REGULATION ( EEC ) N 817/70 .

" TURNING INTO WINE " MEANS THE TRANSFORMATION INTO WINE BY TOTAL OR PARTIAL ALCOHOLIC FERMENTATION OF FRESH GRAPES , WHETHER OR NOT CRUSHED , GRAPE MUST , WHETHER OR NOT CONCENTRATED , PARTIALLY FERMENTED GRAPE MUST , GRAPE JUICE , WHETHER OR NOT CONCENTRATED , OR NEW WINES STILL IN FERMENTATION .

ARTICLE 4

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 5 DECEMBER 1973 .

FOR THE COMMISSION

THE PRESIDENT

FRANCOIS-XAVIER ORTOLI