Royal Decree 1045 / 1990 Of 27 July, Which Regulates The Tolerances Allowed For The Indication Of The Alcoholic Strength By Volume In The Labelling Of Alcoholic Beverages To The Final Consumer.

Original Language Title: Real Decreto 1045/1990, de 27 de julio, por el que se regulan las tolerancias admitidas para la indicación del grado alcohólico volumétrico en el etiquetado de las bebidas alcohólicas destinadas al consumidor final.

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The Royal Decree 1122 / 1988, of 23 September («Official Gazette» of October 4), which approves the general standard for labelling, presentation and advertising of prepackaged foodstuffs, forcing the indication of the alcoholic drinks with alcoholic strength by volume higher than the 1.2 per 100.

The Commission Directive 87/250/EEC, of 15 April ("Official Journal of the European communities» number L 113, of 30 April), that completes the provisions of the Council Directive 79/112/EEC of 18 December 1978 ("Official Journal of the European communities» number L 33, on February 8, 1979), and of Council Directive 76/766/EEC 27 July 1976 ("Official Journal of the European communities» number L 262, of 27 September), sets the tolerances allowed for the indication of the alcoholic strength by volume and requires modification of the legislation that does not conform to its precepts.

By virtue, on the proposal of the Ministers of economy and finance, of industry and energy, agriculture, fisheries and food and health and consumption, heard the sectors affected, prior mandatory report of the Interministerial Commission for food management, according to the Council of State and after deliberation by the Council of Ministers at its meeting of July 27, 1990 I have: Article 1. ° approve the tolerances allowed for the mention of the alcoholic strength by volume purchased in the labelling of beverages with a degree higher than the 1.2 per 100 of alcohol by volume, that other than the starting number 22.04 (wine of fresh grapes, including header; grape must, except the starting number 20.09), the combined nomenclature of the current customs tariff , referred to in article 3. ° of the present Royal Decree.

Article 2. ° the alcoholic strength shall be fixed at 20 ° C.

Article 3. ° 3.1 tolerances, more and less, admitted to the mention of alcohol, expressed in absolute values, are as follows: 3.1.1 drinks not listed below: 0.3 per 100 in volume 3.1.2 beer of an alcoholic strength exceeding 5.5 per 100 in volume, drinks the subheadings 2206.00.93.0 and 2206.00.99.0 of the combined nomenclature of the existing customs tariff and made from grapes : 0.5 per 100 in volume.

3.1.3 beer of an alcoholic strength exceeding 5.5 per 100: beverages classified under subheading 2206.00.91.0 of the combined nomenclature of the existing customs tariff and made from grapes; cider, Perry and other similar fermented beverages from fruit that non-grape, eventually with gas or foam; beverages based on fermented honey: 1 per 100 in volume.

3.1.4 beverages containing fruit or parts of plants in maceration: 1.5 per 100 in volume.

3.2. the tolerances referred to in the previous paragraph 3.1 shall apply without prejudice to the tolerances that result from the method of analysis used for determining the alcoholic strength.

TRANSITIONAL provisions first.

The provisions of this Royal Decree shall not be enforceable up to three months, counted from publication in the «Official Gazette». Up to that date will be accepted the tolerances laid down in the specific regulations of each product shall be repealed.

The second.

Drinks available on the market conform to the tolerances laid down in the specific regulations of each product which is repealed, can continue trading once the payment established in the first transitional provision until the expiry of its commercial life.

REPEALING provisions Prinera.

In terms of tolerances allowed for alcoholic strength laid down in specifications are hereby repealed: 1.1 article 112, point 1, of the rules of law 25/1970, statute of the vine, wine and spirits approved by Decree 835/1972 of 23 March («Official Gazette» of 11 April).

1.2 article 22 1, 1.4, special regulations on the production, circulation and trade in «whisky», approved by the Decree 644/1973, 29 March («Official Gazette» of 9 April).

1.3 article 20 of the order of 23 January 1974 by which regulates is the production, circulation and the sangria and other drinks derived from the wine trade («Official Gazette» of February 7).

1.4 Article 16, point 1, paragraph four, of the special regulations for the elaboration, circulation and the brandy trade, approved by the Decree 2484 / 1974, August 9 («Official Gazette» 1 1 September).

1.5 article 29, point 1, paragraph 4, of the special regulations for the elaboration, circulation and rum trade, approved by the Decree 1228 / 1975, of 5 June («Official Gazette» of 7 June).

1.6 article 17 of the order of 1 August 1979 by which regulated the cider and other drinks derived from Apple («Official Gazette» of 28 August).

1.7 article 10, paragraph 5, of the special regulations for the elaboration, circulation and trade in Geneva, approved by Royal Decree 2297 / 1981, dated 20 August («Official Gazette» of 9 October).

1.8 article 11, item 4, of the special regulations for the elaboration, circulation and trade of aniseed, approved by Royal Decree 644/1982, of 5 March («Official Gazette» of 2 April).

1.9 point 7.4, paragraph 5, of the Reglamentación for processing, circulation and trade of compounds distilled spirits, spirits, snacks without wine base and other drinks derived from natural spirits, approved by the Royal Decree 1416 / 1982, of 28 May («Official Gazette» of 28 June), and as amended by the Royal Decree 250/1988, of 11 March («Official Gazette» of 23 March).

1.10 article 27, paragraph 4, of the Reglamentación for processing, circulation and trade in beer, approved by Royal Decree 1456 / 1981, dated 10 April («Official Gazette» of July 20), as amended by the Royal Decrees 865/1984 of 28 March («Official Gazette» of 11 May), and 887/1988, of July 29 («Official Gazette» of 5 August).

The second.

Many provisions of equal or lower rank is contrary to the provisions of this Royal Decree are repealed.

Given in Madrid on July 27, 1990.

JUAN CARLOS R.

The Minister for relations with the courts and the Secretary of the Government, VIRGILIO ZAPATERO GÓMEZ