2. 4. 80 Official  Journal  of the European  Communities No C 83/31 
remain  for  products  containing  no common  wheat  kilos  of common  wheat  and  100  kilos  of durum 
flour  or meal,  and  a new  assumed  composition  of 67 wheat  would  apply  to other  products. 
Done  at Brussels,  12 December  1979. 
The Chairman 
of the Economic  and  Social  Committee 
Raffaele  VANNI 
Opinion  on 
— the proposal  for a Council  Regulation  on liqueur  wines  produced  in the Community 
— the proposal  for  a Council  Regulation  amending  Regulation  (EEC)  No 338/79  as 
regards  quality  liqueur  wines  produced  in specified  regions 
The text  referred  to the Committee  has  been  published  in Official  Journal  of the Euro-
pean  Communities  No  C 188  of 26 July  1979,  pages  3 and  6. 
On 30 July  1979  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Article  43 of the  Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at its 
174th  plenary  session  held  in Brussels  on 12 and  13 December  1979. 
The full  text  of the opinion  is as follows: A. LEGAL  BASIS  FOR  THE  OPINION 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE ation  (EEC)  No 816/70  laying  down  additional  pro-
visions  for the common  organization  of the market 
in wine  0), Having  regard  to the  Treaty  establishing  the  Euro-
pean  Economic  Community,  and  in particular  Arti-
cle 43 thereof, Having  regard  to the opinion  issued  by the Section 
for Agriculture  on 29 November  1979, 
Having  regard  to the request  from  the Council  of the 
European  Communities  on 30  July  1979  for  an 
opinion, Having  regard  to the  report  of the  rapporteur,  Mr 
Masprone, 
Having  regard  to the  decision  of its Bureau  on 25 
September  1979  to refer  the matter  to the Section  for 
Agriculture, Having  regard  to the discussions  at its 174th  plenary 
session  held  on 12 and  13 December  1979  (meeting 
of 12 December  1979), 
Having  regard  to its previous  work  in this  field  and, 
in particular,  the opinion  of 4 April  1979  on the pro-
posal  for  a Council  Regulation  amending  Regul- (1) OJ NoC  171,9.7.  1979. 
No C 83/32 Official  Journal  of the European  Communities 2. 4. 80 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
with  no votes  against  and  one  abstention: 
1.1. The  Committee  recalls  that  in its opinion  of 4 
April  1979  it asked  the  Commission  to submit  pro-
posals  on the production,  labelling  and  presentation 
of liqueur  wines,  vermouths  and  all alcoholic  drinks 
falling  under  Common  Customs  Tariff  heading  No 
22.07. 
1.2. The  Committee  is pleased  to note  that  the 
Commission's  two  current  proposals,  which  it 
approves  on the whole,  accede  to this  request.  But  it 
would  once  again  call  upon  the Commission  to pre-
sent as soon  as possible  its proposals  for  compre-
hensive  Regulations  on the presentation  and  labell-
ing of beverages  falling  under  Common  Customs 
Tariff  heading  Nos  22.06,  22.07  and  22.09,  not  to 
mention  products  under  Common  Customs  Tariff 
heading  No  22.05  which  have  not  yet  been  com-
pletely  regulated  (sparkling  and  semi-sparkling 
wines).  Such  measures  are  vital  if the  alcoholic 
drinks  market  is to be made  transparent  and  Com-
munity  tax codes  standardized. 
1.3. The  Committee  has  the  following  comments 
to make  on the proposals. 
2. General  comments 
2.1. The  Committee  generally  endorses  the  Com-
missions^  proposals.  Over  three  million  hectolitres 
of liqueur  wines  are  consumed  in the  EEC  each 
year,  around  half  of which  consists  of sherry  from 
Spain  and  port  from  Portugal.  The  aim  of the Com-
missions^  proposals  is to provide  a Community  set 
of rules  for this  sector  — and  rapidly. 2.3. Wines  such  as sherry  and  port  are well  appre-
ciated  and  have  a high  reputation.  The  Committee 
cannot  therefore  accept  that  the  most  important 
wines  of two  future  EEC  members  should  be made 
illegal  in the Community  if their  traditional  produc-
tion methods  continue  to be used,  bearing  in mind 
the consumer's  right  to maintain  acquired  habits. 
2.4. While  standing  by the  irrefutable  principle 
that the wine  products  of Member  States  should,  on 
their  accession,  be subjected  to existing  Community 
standards  without  privilege,  the  Committee  consi-
ders that  quality  liqueur  wines  produced  in specified 
regions  could  be granted  special  derogations  on the 
basis  of Article  3 (2) and  (3) of the present  proposal 
amending  Regulation  (EEC)  No 338/79. 
2.5. Indeed,  the Committee  is of the view  that  this 
is the  main  reason  why  these  clauses  have  been 
inserted  in the proposal,  as Italy  and  France  (at pre-
sent the only  two  countries  in the Community  which 
do produce  liqueur  wines)  have  very  few  products 
which  might  wish  to be granted  such  a derogation 
(notably  Pineau  des  Charentes,  of which  only  40 000 
hectolitres  or so are produced  each  year). 
2.6. The  amount  of quality  liqueur  wine  produced 
in specified  regions  of the acceding  countries,  which 
might  invoke  such  waivers  as that  concerning  the 
minimum  natural  alcoholic  strength  of the  wine 
base,  has  so far been  higher  than  the  Community's 
total  production  of all  types  of liqueur  wine, 
whether  this  be of high  quality  or for  everyday 
drinking.  In view  of this,  the  Committee  cannot 
accept  a solution  which  accords  privileged  status  to 
non-EEC  liqueur  wine  over  wine  from  Commu-
nity regions  which,  through  historical  and  political 
concessions  rather  than  natural  circumstances,  have 
not had  similar  opportunities. 
Such  regions  in the  Community  have  a right  to be 
placed  on an equal  footing,  so they  can  develop 
similar  products,  instead  of having  to stand  idly  by 
while  their  own  products  are exposed  to privileged 
competition  from  new  Member  States. 
2.2 The  Committee  notes  that  a major  part  of 
Spain  and  Portugal's  liqueur  wine  output  does  not 
comply  with  the Community's  long-standing  defini-
tion,  the main  reason  being  that  the grape  bases  are 
too weak  in natural  alcohol  (that  for  sherry  need 
only  be 8° G.L.  compared  with  the  EEC  figure  of 
12°). 2.7. If  no way  is found  of preventing  the  present 
Regulations  having  such  undesirable  effects  as 
excluding  prestigious  traditional  products  made  in 
future  EEC  countries  or  obliging  Community 
regions  which  can  compete  normally  to defend 
existing  products  made  under  relatively  strict  Regula-
tions,  then  a fair  solution  will  have  to be found  to 
2. 4. 80 Official  Journal  of the European  Communities No C 83/33 
resolve  this  highly  delicate  problem.  One  possibility 
could  be to consider  reducing,  within  reasonable 
limits,  the  minimum  alcoholic  strength  laid  down 
for the wine  base. 
The Committee  therefore  feels  that  attention  will 
have  to be paid  to the  effects  of any  derogations 
concerning  liqueur  wines  other  than  quality  liqueur 
wines  produced  in specified  regions. 
3. Specific  comments  on the proposal  for a Council 
Regulation  on liqueur  wines  produced  in the Com-
munity 
3.1. Article  3 (2) 
The only  form  of sweetening  prohibited  (') should 
be that  intended  to increase  the strength  of a pro-
duct  which  has  already  been  finished  and  aged.  It 
should  still  be allowed  to treat  finished  liqueur  wine 
which  has  already  been  aged  with  musts,  concen-
trated  musts  or mixtures  of must  and  alcohol,  just  to 
nudge  up the sugar  content,  as is done  in the dosing 
of sparkling  wines. 
3.2. Article  6(b) 
In the Committee's  view,  the figures  here  should  be 
a total  alcoholic  strength  of 17-5%  or more  by vol-
ume and  a sugar  content  of 40 grams/litre  or less. 
This  is necessary  in order  to maintain  an appreciable 
difference  between  dry  liqueur  wine  and  normal 
liqueur  wine  complying  with  the  definition  of hav-
ing a minimum  alcoholic  strength  of 15%  by vol-
ume and  a minimum  sugar  content  of 43 grams  per 
litre. 
3.3. Article  8 (a) 
3.3.1.  The  Committee  thinks  that  the Commission 
should  allow  containers  made  of wood  or other 
materials  to be used  in addition  to those  listed,  sub-
(2) See  Article  35 (1)  of Council  Regulation  (EEC)  No 
337/79  of 5 February  1979  (OJ  No  L 54, 5.3.  1979, 
P 17). ject in all cases  to Community  or national  rules  on 
consumer  protection. 
3.3.2.  The  Committee  also  thinks  that  the  maxi-
mum  capacity  of bottles  or other  containers  allowed 
for retail  sales  should  be five  litres,  and  that  it 
should  be compulsory  to use  the  capacities  laid 
down  in the  Community  Directive  on certain  pre-
packaged  liquids  (Directive  75/106/EEC  and  suc-
cessive  amendments),  as is already  the case  for table 
and other  wines. 
3.4. Article  8(b) 
The remarks  made  above  in point  3.2  concerning 
Article  6 (b) also  apply  here. 
3.5. Article  9 
The Committee  recommends  that  suitable  grapes 
harvested  in EEC  countries  other  than  France  and 
Italy  (e.g.  Germany  and  Luxembourg)  should  also 
be allowed  here  and  that  the lists  be re-checked,  as 
omissions  and  mistakes  have  been  noted.  The  Com-
mission's  attention  is drawn  to point  6.1.1.1  in the 
report  accompanying  this  opinion. 
3.6. Article  14 
The Committee  asks  that  it be made  quite  clear  that 
when  the Regulation  comes  into  force  the new  stan-
dards  will  apply  to new  products,  while  the  old 
national  laws  will  apply  to old stock  until  it is sold 
off. 
4. Specific  comments  on the proposal  for a Council 
Regulation  amending  Regulation  (EEC)  No 338/ 
79 as regards  quality  liqueur  wines  produced  in 
specific  regions 
4.1. Article  3 
The Committee  would  reiterate  what  it said  in 
points  2.4 to 2.7 of the general  comments. 
In particular  it feels  that: 
No C 83/34 Official  Journal  of the European  Communities 2. 4. 80 
— the minimum  alcoholic  strength  of 15°  for  the 
finished  product,  which  is contained  in the  defi-
nition,  should  not  be subject  to exemption  as it is 
an element  of fundamental  importance,  both  for 
tax purposes  and  for  consumers  wishing  to dis-
tinguish  liqueur  wines  from  other  types  of wine. 
As far  as products  prepared  by adding  alcohol 
are concerned  there  is no difficulty  involved  in 
reaching  the minimum  strength  laid  down  in the 
production  plant; 
— it should  be determined  what  is to be the  maxi-
mum  derogation  allowed  from  the  natural  alco-
holic  strength  laid  down  for wine  bases; 
— in view  of the  enormous  effect  that  the  deroga-
tions  may  have  on competition  they  should  be 
decided  on by a qualified  majority  of the Coun-
cil of Ministers. 
4.2. Article  5 
4.2.1.  The  Committee  would  recall  that  it was  in 
favour  of reducing  maximum  total  sulphur  dioxide 
content,  but  for  technical  reasons  it does  not  feel 
that in the present  case  there  are pressing  arguments 
for reducing  this  to 150  milligrams  per litre. 
4.2.2.  The  Committee  therefore  proposes  keeping 
the limit  at 200  milligrams  per  litre.  When  concen-
trated  must  is used  in preparing  a liqueur  wine  the 
total  SO2  content  is of major  importance;  limiting 
this to 200  milligrams  per  litre  already  constitutes  a 
restriction.  What  is more,  much  higher  levels  are 
permitted  in wines  for everyday  consumption. 
4.2.3.  However,  it would  be advisable  to mention 
that the  levels  provided  for  in Article  44 (5) of 
Council  Regulation  (EEC)  No 337/79  of 5 February 
1979  may  be reduced  in the future. 
4.3. Article  7 (a) and  (b) 
The comments  made  earlier  about  'dry'  wines  and 
containers  for retail  sales  also  apply  here. 4.4. Article  8 
4.4.1.  The  Committee  accepts  the principle  that  the 
Council  may  adopt  by a qualified  majority  specific 
Commission  proposals  on the  description  and  pres-
entation  of certain  quality  liqueur  wines  prepared  in 
specific  regions  under  special  traditional  production 
and manufacturing  conditions. 
4.4.2.  But  because  this  principle  should  also  apply 
to quality  liqueur  wines  produced  in specified 
regions  which,  because  of special  circumstances,  are 
different  from  those  on the list in the second  part  of 
the Article,  the Committee  proposes  that  the  whole 
of Article  8 be worded  as follows: 
The following  Article  shall  be added  to Regu-
lation  (EEC)  No 338/79: 
Article  16 (c) 
Specific  provisions  on description  and  presenta-
tion may  be adopted  by the Council  by qualified 
majority  vote  on a proposal  from  the  Commis-
sion for certain  quality  liqueur  wines  produced  in 
specified  regions  under  special  production  and 
manufacturing  conditions. 
Detailed  rules  for the application  of this  Article, 
and in particular  the  special  control  measures, 
shall  be adopted  in accordance  with  the  proce-
dure  laid  down  in Article  67 of Regulation  (EEC) 
No 337/79/ 
4.5. Article  9 
Here  too  it should  be stated  explicitly  that  products 
which  have  already  been  prepared  in accordance 
with  existing  national  laws  when  the  Regulation 
comes  into  force  may,  whatever  happens,  be 
allowed  to  circulate  until  stocks  of  them  are 
exhausted. 
Done  at Brussels,  12 December  1979. 
The Chairman 
of the Economic  and  Social  Committee 
Raffaele  VANNI