17. 8. 78 Official Journal of the European Communities No L 226/11 COMMISSION REGULATION (EEC) No 1972/78 of 16 August 1978 laying down detailed rules on oenological practices THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 816/70 ot 28 April 1970 laying down additional provi- sions for the common organization of the market in wine (), as last amended by Regulation (EEC) No 1861/78 (%), and in particular Articles 26¢ (6) and 28a (2) thereof, Having regard to Council Regulation (EEC) No 817/70 of 28 April 1970 laying down special provi- sions relating to quality wines produced in specitic regions (%), as last amended by Regulation (EEC) No 2211/77 (*), and in particular Article 10b (4) thereof, Having regard to Council Regulation (EEC) No 2893/74 of 18 November 1974 on sparkling wines produced in the Community and specified in item 12 of Annex II to Regulation (EEC) No 816/70 (%), as last amended by Regulation (EEC) No 1679/77 (¢), and in particular Articles 12 (4) and 16 (4) thereof, Having regard to Council Regulation (EEC) No 1678/77 of 19 July 1977 supplementing Regulation (EEC) No 816/70 by introducing ncew provisions relating to ocnological practices and processes (7), and in particular Article 6 thereof, Whereas, in order that these new provisions relating to ocnological practices and processes may be fully applicable from 1 September 1978, it is necessary to adopt sufficiently detailed rules for their application ; Whereas Article 6 of Regulation (EEC) No 1678/77 specifies that transitional measures necessary to facili- tate the changcover to the arrungements provided for in that Regulation may be adopted ; whereas this possi- bility should be made use of both to prevent substan- tial losses on the part of traders holding large stocks of certain substances traditionally used in certain Member States and in order to allow the oenological practices and processes of third countries to be thoroughly examined with a view to determining their () OJ No L 99, 5. 5. 1970, p. 1. (2) O] No L 215, 4. 8. 1978, p. 1. ()) OJ No L 99, 5. 5. 1970, p. 20. (*) O] No L 256, 7. 10. 1977, p. 1. (5) OJ No L 310, 21. 11. 1974, p. 1. (®) OJ No L 187, 27. 7. 1977, p. 15. (’) OJ No L 187, 27. 7. 1977, p. 10. comparability with those specified in the rules of the Community ; Whereas the measures provided for in this Regulation arc in accordance with the opinion of the Manage- ment Committee for Wine, HAS ADOPTED THIS REGULATION : Article 1 Wines which under Article 28a of Regulation (EEC) No 816/70 are not fit for direct human consumption may not be held without legitimate cause by a producer or trader. They may be destroyed but may be moved only to distilleries, vinegar factories or esta- blishments where they will be industrially processed. Member States may have denaturing agents or indica- tors added to such wines to make them more easily identifiable. Article 2 Member States may specify that neutral potassium tartrate and potassium bicarbonate shall be used only under the supervision of an oenologist or technician officially approved by the authorities of the Member State in which they are used. DL-racemic tartaric acid, potassium ferrocyanide and calctum phytate shall be used only under the supervi- sion of an oenologist or technician officially approved by the authorities of the Member State in which they are used and the extent of whose responsibility shall be fixed, if necessary, by the Member State concerned. After treatment with potassium ferrocyanide wine must contain traces of iron. The amount of calcium phytate used may not exceed cight grams per hectolitre and after treatment the wine must contain traces of iron. The provisions for the supervision of the use of the products mentioned in the first and second pare- graphs shall be those adopted by the Member States.