Avis juridique important

Council Regulation (EEC) No 1990/80 of 22 July 1980 amending Regulation (EEC) No 337/79 to take account of resinated wine (retsina) Official Journal L 195 , 29/07/1980 P. 0006 - 0007 Greek special edition: Chapter 03 Volume 29 P. 0249 Spanish special edition: Chapter 03 Volume 18 P. 0232 Portuguese special edition Chapter 03 Volume 18 P. 0232

**** ( 1 ) OJ NO C 175 , 14 . 7 . 1980 , P . 63 . ( 2 ) OPINION DELIVERED ON 3 JULY 1980 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ). ( 3 ) OJ NO L 54 , 5 . 3 . 1979 , P . 1 . ( 4 ) SEE PAGE 3 OF THIS OFFICIAL JOURNAL . COUNCIL REGULATION ( EEC ) NO 1990/80 OF 22 JULY 1980 AMENDING REGULATION ( EEC ) NO 337/79 TO TAKE ACCOUNT OF RESINATED WINE ( RETSINA ) THE COUNCIL OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF , HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION , HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ), HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ), WHEREAS THE ACCESSION OF THE HELLENIC REPUBLIC TO THE EUROPEAN COMMUNITIES REQUIRES CERTAIN ADDITIONS TO THE PROVISIONS OF COUNCIL REGULATION ( EEC ) NO 337/79 OF 5 FEBRUARY 1979 ON THE COMMON ORGANIZATION OF THE MARKET IN WINE ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1989/80 ( 4 ); WHEREAS PARTICULAR ACCOUNT SHOULD BE TAKEN OF RESINATED WINE ( RETSINA ) WHICH IS A TYPICAL TRADITIONAL WINE PRODUCED EXCLUSIVELY IN THE HELLENIC REPUBLIC ; WHEREAS IN ORDER , ON THE ONE HAND , TO PERMIT THE CONTINUED PRODUCTION OF THIS WINE WHICH IS PRODUCED ACCORDING TO AN OENOLOGICAL PRACTICE ALLOWED BEFORE 31 DECEMBER 1980 AND , ON THE OTHER HAND , TO SUBJECT THIS WINE TO THE ECONOMIC ARRANGEMENTS APPLYING TO TABLE WINES SO AS TO ESTABLISH FAIR CONDITIONS OF COMPETITION , RULES ON THE PRODUCTION AND COUPAGE OF THIS WINE SHOULD BE LAID DOWN ; WHEREAS EXISTING GREEK PROVISIONS IN RESPECT OF PRODUCTION CONDITIONS AND QUALITY CRITERIA FOR ' RETSINA ' WINE APPEAR SATISFACTORY FROM THE VIEWPOINT OF THE COMMUNITY WINE MARKET ; WHEREAS IT IS TO BE PRESUMED THAT THESE PROVISIONS WILL REMAIN UNCHANGED UNTIL 31 DECEMBER 1980 ; WHEREAS , NEVERTHELESS , THE POSSIBILITY OF WAIVING THIS DEADLINE OF 31 DECEMBER 1980 SHOULD BE PROVIDED FOR UNDER MANAGEMENT COMMITTEE PROCEDURE ; WHEREAS IT IS IMPORTANT , THEREFORE , FOR THE HELLENIC REPUBLIC TO GIVE PRIOR NOTICE TO THE COMMISSION OF ITS INTENTION TO AMEND ITS LEGISLATION ON ' RETSINA ' WINE , HAS ADOPTED THIS REGULATION : ARTICLE 1 REGULATION ( EEC ) NO 337/79 IS HEREBY AMENDED AS FOLLOWS : 1 . IN THE SECOND SUBPARAGRAPH OF ARTICLE 30C ( 1 ) ( A ) THE FOLLOWING INDENT IS INSERTED BETWEEN THE THIRD AND FOURTH INDENTS : ' - IN GEECE , THE NOMOI , ' . 2 . THE FOLLOWING PARAGRAPH IS INSERTED IN ARTICLE 43 ( 3 ): ' 3A . COUPAGE OF A GRAPE MUST OR A TABLE WINE WHICH HAS BEEN SUBJECTED TO THE OENOLOGICAL PRACTICE REFERRED TO IN ANNEX III ( 1 ) ( N ) WITH A GRAPE MUST OR A WINE WHICH HAS NOT BEEN SUBJECTED TO THIS OENOLOGICAL PRACTICE SHALL BE PROHIBITED . ' 3 . THE FOLLOWING SUBPARAGRAPHS ARE ADDED TO ARTICLE 46 ( 3 ): ' THE USE OF ALEPPO PINE RESIN REFERRED TO IN ANNEX III ( 1 ) ( N ) SHALL BE ALLOWED ONLY FOR THE PURPOSE OF OBTAINING A ' RETSINA ' TABLE WINE . THIS OENOLOGICAL PRACTICE MAY BE CARRIED OUT ONLY : - IN THE GEOGRAPHICAL TERRITORY OF THE HELLENIC REPUBLIC , - ON A GRAPE MUST PRODUCED FROM GRAPES FOR WHICH THE VARIETIES , THE PRODUCTION AREA AND THE WINE-MAKING AREA HAVE BEEN DETERMINED BY THE GREEK PROVISIONS IN FORCE ON 31 DECEMBER 1980 , - BY ADDING A QUANTITY OF RESIN EQUAL TO OR LESS THAN 1 000 GRAMS PER HECTOLITRE OF THE PRODUCT USED , - BEFORE FERMENTATION OR , PROVIDED THAT THE ACTUAL ALCOHOLIC STRENGTH BY VOLUME DOES NOT EXCEED ONE-THIRD OF THE TOTAL ALCOHOLIC STRENGTH BY VOLUME , DURING FERMENTATION . IF THE HELLENIC REPUBLIC INTENDS TO AMEND , AFTER 31 DECEMBER 1980 , PROVISIONS REFERRED TO IN THE SEVENTH SUBPARAGRAPH , SECOND INDENT , IT SHALL INFORM THE COMMISSION ACCORDINGLY . IN THIS CASE IT MAY BE DECIDED , IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 67 , TO CHANGE THAT DATE . ' 4 . THE FOLLOWING SUBPARAGRAH IS ADDED TO ANNEX II ( 11 ): ' " RETSINA " TABLE WINE SHALL BE THE TABLE WINE WHICH HAS BEEN SUBJECTED TO THE OENOLOGICAL PRACTICE REFERRED TO IN ANNEX III ( 1 ) ( N ). ' 5 . THE FOLLOWING TEXT IS ADDED TO ANNEX III ( 1 ): ' ( N ) ADDITION OF ALEPPO PINE RESIN UNDER THE CONDITIONS REFERRED TO IN THE SEVENTH SUBPARAGRAPH OF ARTICLE 46 ( 3 ). ' ARTICLE 2 THE TRANSITIONAL MEASURES NECESSARY TO FACILITATE THE CHANGEOVER TO THE SYSTEM INTRODUCED BY THIS REGULATION SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 67 OF REGULATION ( EEC ) NO 337/79 . ARTICLE 3 THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1981 . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT LUXEMBOURG , 22 JULY 1980 . FOR THE COUNCIL THE PRESIDENT C . NEY

****

( 1 ) OJ NO C 175 , 14 . 7 . 1980 , P . 63 .

( 2 ) OPINION DELIVERED ON 3 JULY 1980 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).

( 3 ) OJ NO L 54 , 5 . 3 . 1979 , P . 1 .

( 4 ) SEE PAGE 3 OF THIS OFFICIAL JOURNAL .

COUNCIL REGULATION ( EEC ) NO 1990/80

OF 22 JULY 1980

AMENDING REGULATION ( EEC ) NO 337/79 TO TAKE ACCOUNT OF RESINATED WINE ( RETSINA )

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ),

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ),

WHEREAS THE ACCESSION OF THE HELLENIC REPUBLIC TO THE EUROPEAN COMMUNITIES REQUIRES CERTAIN ADDITIONS TO THE PROVISIONS OF COUNCIL REGULATION ( EEC ) NO 337/79 OF 5 FEBRUARY 1979 ON THE COMMON ORGANIZATION OF THE MARKET IN WINE ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1989/80 ( 4 );

WHEREAS PARTICULAR ACCOUNT SHOULD BE TAKEN OF RESINATED WINE ( RETSINA ) WHICH IS A TYPICAL TRADITIONAL WINE PRODUCED EXCLUSIVELY IN THE HELLENIC REPUBLIC ;

WHEREAS IN ORDER , ON THE ONE HAND , TO PERMIT THE CONTINUED PRODUCTION OF THIS WINE WHICH IS PRODUCED ACCORDING TO AN OENOLOGICAL PRACTICE ALLOWED BEFORE 31 DECEMBER 1980 AND , ON THE OTHER HAND , TO SUBJECT THIS WINE TO THE ECONOMIC ARRANGEMENTS APPLYING TO TABLE WINES SO AS TO ESTABLISH FAIR CONDITIONS OF COMPETITION , RULES ON THE PRODUCTION AND COUPAGE OF THIS WINE SHOULD BE LAID DOWN ;

WHEREAS EXISTING GREEK PROVISIONS IN RESPECT OF PRODUCTION CONDITIONS AND QUALITY CRITERIA FOR ' RETSINA ' WINE APPEAR SATISFACTORY FROM THE VIEWPOINT OF THE COMMUNITY WINE MARKET ; WHEREAS IT IS TO BE PRESUMED THAT THESE PROVISIONS WILL REMAIN UNCHANGED UNTIL 31 DECEMBER 1980 ;

WHEREAS , NEVERTHELESS , THE POSSIBILITY OF WAIVING THIS DEADLINE OF 31 DECEMBER 1980 SHOULD BE PROVIDED FOR UNDER MANAGEMENT COMMITTEE PROCEDURE ; WHEREAS IT IS IMPORTANT , THEREFORE , FOR THE HELLENIC REPUBLIC TO GIVE PRIOR NOTICE TO THE COMMISSION OF ITS INTENTION TO AMEND ITS LEGISLATION ON ' RETSINA ' WINE ,

HAS ADOPTED THIS REGULATION :

REGULATION ( EEC ) NO 337/79 IS HEREBY AMENDED AS FOLLOWS :

1 . IN THE SECOND SUBPARAGRAPH OF ARTICLE 30C ( 1 ) ( A ) THE FOLLOWING INDENT IS INSERTED BETWEEN THE THIRD AND FOURTH INDENTS :

' - IN GEECE , THE NOMOI , ' .

2 . THE FOLLOWING PARAGRAPH IS INSERTED IN ARTICLE 43 ( 3 ):

' 3A . COUPAGE OF A GRAPE MUST OR A TABLE WINE WHICH HAS BEEN SUBJECTED TO THE OENOLOGICAL PRACTICE REFERRED TO IN ANNEX III ( 1 ) ( N ) WITH A GRAPE MUST OR A WINE WHICH HAS NOT BEEN SUBJECTED TO THIS OENOLOGICAL PRACTICE SHALL BE PROHIBITED . '

3 . THE FOLLOWING SUBPARAGRAPHS ARE ADDED TO ARTICLE 46 ( 3 ):

' THE USE OF ALEPPO PINE RESIN REFERRED TO IN ANNEX III ( 1 ) ( N ) SHALL BE ALLOWED ONLY FOR THE PURPOSE OF OBTAINING A ' RETSINA ' TABLE WINE . THIS OENOLOGICAL PRACTICE MAY BE CARRIED OUT ONLY :

- IN THE GEOGRAPHICAL TERRITORY OF THE HELLENIC REPUBLIC ,

- ON A GRAPE MUST PRODUCED FROM GRAPES FOR WHICH THE VARIETIES , THE PRODUCTION AREA AND THE WINE-MAKING AREA HAVE BEEN DETERMINED BY THE GREEK PROVISIONS IN FORCE ON 31 DECEMBER 1980 ,

- BY ADDING A QUANTITY OF RESIN EQUAL TO OR LESS THAN 1 000 GRAMS PER HECTOLITRE OF THE PRODUCT USED ,

- BEFORE FERMENTATION OR , PROVIDED THAT THE ACTUAL ALCOHOLIC STRENGTH BY VOLUME DOES NOT EXCEED ONE-THIRD OF THE TOTAL ALCOHOLIC STRENGTH BY VOLUME , DURING FERMENTATION .

IF THE HELLENIC REPUBLIC INTENDS TO AMEND , AFTER 31 DECEMBER 1980 , PROVISIONS REFERRED TO IN THE SEVENTH SUBPARAGRAPH , SECOND INDENT , IT SHALL INFORM THE COMMISSION ACCORDINGLY . IN THIS CASE IT MAY BE DECIDED , IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 67 , TO CHANGE THAT DATE . '

4 . THE FOLLOWING SUBPARAGRAH IS ADDED TO ANNEX II ( 11 ):

' " RETSINA " TABLE WINE SHALL BE THE TABLE WINE WHICH HAS BEEN SUBJECTED TO THE OENOLOGICAL PRACTICE REFERRED TO IN ANNEX III ( 1 ) ( N ). '

5 . THE FOLLOWING TEXT IS ADDED TO ANNEX III ( 1 ):

' ( N ) ADDITION OF ALEPPO PINE RESIN UNDER THE CONDITIONS REFERRED TO IN THE SEVENTH SUBPARAGRAPH OF ARTICLE 46 ( 3 ). '

THE TRANSITIONAL MEASURES NECESSARY TO FACILITATE THE CHANGEOVER TO THE SYSTEM INTRODUCED BY THIS REGULATION SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 67 OF REGULATION ( EEC ) NO 337/79 .

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1981 .

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

DONE AT LUXEMBOURG , 22 JULY 1980 .

FOR THE COUNCIL

THE PRESIDENT

C . NEY