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COUNCIL REGULATION ( EEC ) NO 352/79

OF 5 FEBRUARY 1979

AUTHORIZING THE COUPAGE OF GERMAN RED WINES WITH IMPORTED RED WINES

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 337/79 OF 5 FEBRUARY 1979 ON THE COMMON ORGANIZATION OF THE MARKET IN WINE ( 1 ) , AND IN PARTICULAR ARTICLE 43 ( 4 ) THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 2 ) ,

WHEREAS ARTICLE 43 ( 4 ) OF REGULATION ( EEC ) NO 337/79 PROHIBITS THE COUPAGE OF AN IMPORTED WINE WITH A COMMUNITY WINE , EXCEPT BY WAY OF DEROGATION TO BE DECIDED BY THE COUNCIL ;

WHEREAS , TO REMAIN COMPETITIVE , GERMAN RED WINES , PALE IN COLOUR , MUST BE SUBJECTED TO COUPAGE WITH IMPORTED RED WINES ;

WHEREAS THIS PRACTICE MUST BE SUBJECT TO STRICT RULES TO PREVENT ABUSE ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . GERMAN RED WINES MAY BE SUBJECTED TO COUPAGE WITH RED WINES FROM THIRD COUNTRIES .

2 . THE PROPORTION OF IMPORTED RED WINES FOR COUPAGE SHALL NOT EXCEED 15 % OF THE VOLUME OF THE GERMAN WINE USED .

3 . ONLY IMPORTED RED WINES HAVING THE FOLLOWING CHARACTERISTICS MAY BE USED FOR COUPAGE :

( A ) A TOTAL ALCOHOLIC STRENGTH BY VOLUME OF NOT LESS THAN 12 % VOL BUT NOT MORE THAN 15 % VOL ; AND

( B ) A DRY EXTRACT CONTENT WITHOUT SUGAR OF NOT LESS THAN 28 G/L BUT NOT MORE THAN 35 G/L .

ARTICLE 2

THE PROVISIONS OF ARTICLE 1 SHALL BE APPLICABLE FOR A TRANSITIONAL PERIOD WHICH SHALL END NOT LATER THAN 30 JUNE 1979 .

ARTICLE 3

1 . COUNCIL REGULATION ( EEC ) NO 959/70 OF 26 MAY 1970 AUTHORIZING THE COUPAGE OF GERMAN RED WINES WITH IMPORTED RED WINES ( 3 ) IS HEREBY REPEALED .

2 . REFERENCES TO THE REGULATION REPEALED BY PARAGRAPH 1 SHALL BE CONSTRUED AS REFERENCES TO THIS REGULATION .

ARTICLE 4

THIS REGULATION SHALL ENTER INTO FORCE ON 2 APRIL 1979 .

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

DONE AT BRUSSELS , 5 FEBRUARY 1979 .

FOR THE COUNCIL

THE PRESIDENT

P . MEHAIGNERIE

( 1 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .

( 2 ) OJ NO C 276 , 20 . 11 . 1978 , P . 1 .

( 3 ) OJ NO L 115 , 28 . 5 . 1970 , P . 6 .