Royal Decree 1122/1988 of 23 September (Official Journal of the State of 4 October) approving the general rule on the labelling, presentation and advertising of packaged food products, obliges the an indication of the alcoholic strength by volume in beverages with an alcoholic strength by volume of 1,2 per 100.

Commission Directive 87 /250/EEC of 15 April (Official Journal of the European Communities No L 113 of 30 April) supplementing the provisions of Council Directive 79 /112/EEC of 18 December 1978 (Official Journal of the European Communities No L 33 of 8 February 1979) and of Council Directive 76 /766/EEC of 27 July 1976 (Official Journal of the European Communities No L 262 of 27 September) sets out the tolerances accepted for the indication of the alcoholic strength by volume, and the amendment of the legislation in force that does not conform to its precepts.

In its virtue, on a proposal from the Ministers for Economic and Financial Affairs, Industry and Energy, Agriculture, Fisheries and Food and Health and Consumer Affairs, the sectors concerned, after the Commission's mandatory report Interministerial for Food Management, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 27 July 1990,

DISPONGO:

Article 1. °

The permitted tolerances for the indication of the actual alcoholic strength by volume on the labelling of beverages with a degree exceeding 1,2 per 100 of alcohol by volume, other than those of heading No 22.04 are hereby approved. of fresh grapes, whether or not headed; grape must, other than heading No 20.09), of the Combined Nomenclature of the current Customs Tariff, as set out in Article 3 of this Royal Decree.

Art. 2. °

The alcoholic strength shall be set at 20 ° C.

Art. 3. °

3.1 The tolerances, in more and less, accepted for the mention of the alcoholic strength, expressed in absolute values, shall be as follows:

3.1.1 Drinks not indicated below: 0.3 per 100 in volume

3.1.2 Beer of an alcoholic strength of less than 5,5 per 100 by volume, drinks of subheadings 2206.00.93.0 and 2206.00.99.0 of the Combined Nomenclature of the current Customs Tariff and manufactured from grapes: 0,5 per 100 in volume.

3.1.3 Beers of an alcoholic strength exceeding 5,5 per 100: Drinks of subheading 2206.00.91.0, of the Combined Nomenclature of the current Customs Tariff and manufactured from grapes; cider, perry and other fermented beverages Similar products from fruit other than grape, possibly with gas or sparkling; fermented honey-based drinks: 1 per 100 by volume.

3.1.4 Drinks containing fruit or parts of plants in maceration: 1,5 per 100 by volume.

3.2 The tolerances referred to in paragraph 3.1 above shall apply without prejudice to the tolerances resulting from the method of analysis used for the determination of the alcoholic strength.

TRANSIENT PROVISIONS

First.

The provisions of this Royal Decree will not be enforceable until three months after their publication in the "Official Gazette of the State". To that date, the tolerances laid down in the Regulations specific to each product to be repealed shall be permitted.

Second.

Existing beverages on the market, in accordance with the tolerances laid down in the specific regulations of each product to be repealed, may continue to be placed on the market after the period laid down in the the first transitional arrangement until the extinction of their commercial life.

REPEAL provisions

Prinera.

The specifications for permitted tolerances of the alcoholic strength laid down in the following shall be repealed:

1.1 Article 112, point 1, of the Regulation of Law 25/1970, the Status of Wine, Wine and Spirits, approved by Decree 835/1972 of 23 March ("Official State Gazette" of 11 April).

1.2 Article 22, 1, 1.4, of the Special Regulation for the elaboration, circulation and trade of "whisky", approved by Decree 644/1973 of 29 March ("Official State Gazette" of 9 April).

1.3 Article 20 of the Order of 23 January 1974 regulating the production, circulation and trade of indentation and other wine-derived beverages ("Official State Gazette" of 7 February).

1.4 Article 16, point 1 (4) of the Special Regulations for the elaboration, circulation and trade of brandy, approved by Decree 2484/1974 of 9 August ("Official State Gazette" of 1 1 September).

1.5 Article 29, point 1 (4) of the Special Regulation for the elaboration, circulation and trade of rum, approved by Decree 1228/1975 of 5 June ("Official State Gazette" of 7 June).

1.6 Article 17 of the Order of 1 August 1979 regulating ciders and other beverages derived from the apple ("Official State Gazette" of 28 August).

1.7 Article 10, point 5, of the Special Regulations for the elaboration, circulation and trade of gin, approved by Royal Decree 2297/1981 of 20 August ("Official State Gazette" of 9 October).

1.8 Article 11 (4) of the Special Regulation for the elaboration, circulation and trade of anise, approved by Royal Decree 644/1982 of 5 March (Official State Gazette of 2 April).

1.9 Point 7.4, paragraph 5, of the Technical and Health Regulations for the manufacture, circulation and trade of compound spirits, liqueurs, snacks without a base wine and other beverages derived from natural alcohols, approved by Royal Decree 1416/1982 of 28 May (Official Gazette of the State of 28 June) and amended by Royal Decree 250/1988 of 11 March 1988 (Official Gazette of the State of 23 March).

1.10 Article 27 (4) of the Technical and Health Regulations for the manufacture, circulation and trade of beer, approved by Royal Decree 1456/1981 of 10 April (Official Journal of the State of 20 July), as amended by Royal Decrees 865/1984 of 28 March 1984 (Official State Gazette of 11 May) and 887/1988 of 29 July 1988 (Official State Gazette of 5 August).

Second.

All provisions of equal or lower rank are repealed as opposed to the provisions of this Royal Decree.

Given in Madrid to July 27, 1990.

JOHN CARLOS R.

The Minister of Relations with the Courts and the Government Secretariat,

VIRGILIO ZAPATERO GOMEZ