No L 232/10 Official Journal of the European Communities 9.8.89 COUNCIL REGULATION (EEC) No 2391/89 of 24 July 1989 in the wine sector defining certain products in the wine sector falling within CN codes 2009 and 2204, and originating in third countries THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European" Economic Community, - Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine ('), as last amended by Regulation (EEC) No 1236/89 (2), and in particular Article 1 (4) (c) thereof, Having regard to the proposal from the Commission, Whereas Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (3), as last amended by Regulation (EEC) No 1672/89 (%), establishes, with effect from 1 January 1988, a combined goods nomenclature based on the Harmonized System which will meet the requirements both of the Common Customs Tariff and the nomenclature of goods for the external trade statistics of the Community; Whereas, as a consequence, it is necessary to express the descriptions of goods and tariff heading numbers which appear in Council Regulation (EEC) No 339/79 of 5 February 1979, defining certain products in the wine sector falling within CN codes 2009 and 2204 and originating in third countries (), as last amended by Regulation (EEC) No 2047/89 (¢) according to the terms of the combined nomenclature; : Whereas following the substantial amendments made in this area, it is appropriate, for reasons of clarity, to consolidate the said Regulation; Whereas the definitions of some of the products listed in Annex I'to Regulation (EEC)No 822/87 can be applied only to products obtained in the Community; whereas it is * therefore necessary for the corresponding products originating in third countries to be defined; Whereas the definitions of those products originating in third countries to which this Regulation applies must be as close as possible to the definition of the Community products, 1 (1) OJ No L 84, 27. 3. 1987, p. 1. (2) O No L 128, 11. 5. 1989, p. 31. (3) OJ No L 256, 7.9. 1987, p. 1. (*) OJ No L 169, 19. 6. 1989, p. 1. (5) O No L 54, 5. 3. 1979, p. §7. (5) OJ No L 202, 14. 7. 1989, p. 30. HAS ADOPTED THIS REGULATION: Article 1 This Regulation concerns products in the wine sector falling within CN codes 2009 and 2204 and originating in third countries. Article 2 For the purposes of this Regulation: (a) ‘grape must with fermentation arrested by the addition of alcohol’ means the product which: — has an actual alcoholic strength by volume of not less than 12 % vol but less than 15% vol, and — isobtained by the addition of a product derived from the distillation of wine to unfermented grape must having a natural alcoholic strength by volume of not less than 8,5% vol and derived exclusively from wine grape varieties permitted in the third country of origin; (b) ‘concentrated grape must’ means uncaramelized grape must which: —- is obtained by partial dehydration of grape must carried out by any method authorized by the provisions of the third country of origin and not prohibited by Community regulations, other than by direct heat, in such a way that the figure indicated by a refractometer, used in accordance with the method prescribed in the Annex to Regulation (EEC) No 543/86 (7).at a temperature of 20° C, is not less than 50,9 %, — is derived exclusively from wine grape varieties ~ permitted in the third country of origin, and — is obtained from grape must having at least the minimum natural alcoholic strength by volume laid down by the third country of origin for the - preparation of wine intended for direct human consumption; that alcoholic strength may not be less than 8,5 % vol. An actual alcoholic strength by volume of the concentrated grape must of not more than 1% vol shall be permissible: - (c) ‘rectified concentrated grape must’ means the liquid uncaramelized product which: — is obtained by partial dehydration of grape must ' carried out by any method authorized by the provisions of the third country of origin and not (") OJ No L 55, 1. 3. 1986, p. 41.