No L 5§4/90 Official Journal of the Eufopean Communities 5.3.79 COUNCIL REGULATION (EEC) No 351/79 of 5 February 1979 concerning the addition of alcohol to products in the wine sector 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 42 (2) thereof, : Having regard to the proposal from the Commission (2), Whereas, pursuant to Article 42 (1) of Regulation (EEC) No 337/79, the addition of alcohol to the products listed in Article 1 (2) of that Regulation is prohibited, with the exception of wines fortified for distillation and liqueur wines; whereas Article 42 (2), however, permits derogations from this prohibition; Whereas the possibility of adding alcoho! to table wines and to quality wines produced in specified regions should be provided for where they are exported to third countries, either to take account of consumer habits in those countries, or to prevent climatic conditions or transport from affecting the quality of the exported wines; whereas the non-European areas of Member States are in the same situation as the third countries in question; whereas this possibility should therefore be extended to consignments of these products to those areas; whereas, however, to enforce the prohibition on the addition of alcohol, the sale of these products should be forbidden in the European areas of the Member States; whereas, to simplify control, re-dispatching to the European areas of Member States should be prohibited; Whereas it is also necessary to authorize the addition of alcohol in the form of an expedition liqueur to sparkling wines and, under certain conditions, to semi-sparkling wines; Whereas it appears advisable to provide for the addition of alcohol to grape must imported from third countries so as to establish a practice comparable to that for Community grape must; (1) See page 1 of this Official Journal. (2) O] No C 276, 20. 11. 1978, p. 1. Whereas the preparation of certain products falling within heading No 22.06 and subheading 22.07 B II of the Common Customs Tariff requires the addition of alcohol to some of the products listed in Article 1 (2) of Regulation (EEC) No 337/79; whereas such preparation is significant enough to justify derogation from the prohibition on the addition of alcohol; Whereas, in order to prevent fraud, in all cases the nature of the alcohol which may be added should be specified and in certain cases the permissible limits for the addition of alcohol should be fixed; Whereas the measures concerning semi-sparkling wines and products falling within heading No 22.06 of the Common Customs Tariff should be of a temporary nature, pending the adoption of provisions supplementing or harmonizing the definitions of those products; whereas such measures should therefore be laid down for a limited period; whereas authorization for the addition of alcohol to grape musts imported from third countries might, if granted systematically and without restriction, disturb the market in Community grape must; whereas the consequences of such authorization should therefore be examined at the end of an experimental period; whereas, to that end, it appeared justified to restrict this period to 31 December 1979, HAS ADOPTED THIS REGULATION: Article 1 By way of derogation from Article 42 (1) of Regulation (EEC) No 337/79, alcohol may, under the conditions laid down in this Regulation, be added to the following products: 1. table wines and quality wines psr, where climatic conditions or consumer habits necessitate an addition of alcohol and where they are exported to third countries or dispatched to the non-European areas of Member States, on condition that in this latter case they are not re-dispatched to the European areas of Member States; 2. (a) sparkling wines in the form of an expedition liqueur,