Proposal for a Council Regulation (EC) amending Regulation (EEC) No 823/87 laying down special provisions relating to quality wines produced in specified regions (98/C 108/19) COM(98) 86 final - 98/0053(CNS)

(submitted by the Commission on 20 February 1998)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Having regard to the proposal from the Commission,

Whereas Council Regulation (EEC) No 823/87 (1) lays down special provisions relating to quality wines produced in specified regions; whereas the bottling of certain quality wines psr in the specified region of production is one of the measures applied by agricultural regions to safeguard and enhance the quality of their products; whereas the oenological expertise and know-how necessary to safeguard the characteristics of such wines and their typicality are normally more common in the regions of production of such wines;

Whereas transporting quality wines psr in bulk is likely to affect the wine's distinctive characteristics; whereas the risk of dangerous or even fraudulent operations likely to affect the characteristics of the wine is greater where a high number of operators is involved; whereas provision should accordingly be made for certain restrictions;

Whereas concentrating all the operations relating to the product within a limited area simplifies checks on the authenticity and typicality of wine and makes it easier to lay down and implement measures to enhance the reputation of the quality wine psr in question;

Whereas all these factors justify provision being made in Community legislation for compulsory bottling in the region of production; whereas the impact of such a measure on the sector as a whole calls for certain objective conditions to be met, in particular regarding the technical justification of the measure and its compliance with the general will of the producers affected;

Whereas transitional measures are necessary if established intra-Community trade flows in quality wines psr are not to be suddenly interrupted,

HAS ADOPTED THIS REGULATION:

Article 1

The following Article is hereby inserted in Regulation (EEC) No 823/87:

'Article 6a

1. The Member States may make it compulsory for quality wines psr defined in Article 1(2) to be bottled within the specified region of production where they demonstrate that the measure is justified, i.e. by showing that the bottling of one or more of the quality wine psr categories concerned in the region of production imparts special characteristics to wine originating in that region such as to set it apart or that bottling in the region of production is an important factor in preserving the specific characteristics which that quality wine psr has acquired.

In addition, the Member States may only apply the possibility provided for in the first subparagraph where:

- any existing joint-trade organisation recognised by the national authorities decides, in accordance with its own operating methods, to make bottling in the specified region of production compulsory for the quality wine psr in question,

- if no recognised joint-trade organisation exists, at least 90 % of the grape producers entitled to use the name of the specified region concerned and accounting for at least 80 % of production of the quality wine psr in question choose to bottle the quality wine psr in the specified region of production.

2. Where the Member States make bottling in the specified region of production compulsory for one or more of the quality wine psr categories concerned, they must permit the bottling of the quality wines psr concerned to continue, for a transitional period of five years, outside the specified region in question by those operators who have been bottling such quality wines psr outside the specified region for three years prior to the entry into force of this Regulation. That transitional period shall commence once bottling in the region of production has become compulsory. The Member States may make provision for supplementary internal checks of such quality wines psr bottled outside the specified region.

3. The Member States shall in due course forward detailed information to the Commission concerning the conditions referred to in paragraphs 1 and 2. Bottling in the region of production may only be made compulsory once the Commission has noted that the abovementioned conditions have been met.`

Article 2

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

(1) OJ L 84, 27.3.1987, p. 59.