WRITTEN QUESTION P-1657/98

by Stéphane Buffetaut (I-EDN) to the Commission

(18 May 1998)

Subject: Compulsory bottling in the region of production

Since the early 1990s, on the initiative of Spain, a number of Member States in the south of the European Union (Portugal, Greece and Italy, in particular) have begun to adopt national legislation making it compulsory for certain quality wine products to be packed in their region of production. The current French agricultural guideline bill and Italian draft legislation prohibiting the reference to the Italian origin of olive oil that has not been packed in Italy are part of a trend which is spreading throughout the countries south of the European Union and affecting all quality agricultural products.

Instead of playing its proper role by monitoring respect for EU legislation, in particular Articles 34 and 85-90 of the Treaty, and despite a large number of formal complaints against such abuses, to which no reply has been given, the Commission (DG VI) has endorsed them by proposing a reform of Regulation No. 823/87(1), which would validate them in the case of quality wines.

All the countries in the north of the European Union, which are heavily involved in processing and packing of quality agricultural products and are net contributors to the European agricultural budgets, are less and less in favour of such abuses which are liable to cause a north/south divide in the Union. They have shown their opposition by refusing to allow the reform of Regulation No. 823/87 by DG VI to proceed any further until the Court of Justice confirms the ruling it gave in Case C47/90 Delhaize Le Lion v. Promalvin.

What practical measures does the Commission plan to take to prevent such national abuses in the southern part of the Union and to avoid the consequences, namely increasing protest from countries in the northern part of the Union?

Answer given by Mr Fischler on behalf of the Commission

(11 June 1998)

The adoption of national measures making it compulsory to bottle quality wines produced in specified regions (quality wines psr) in the region of production and/or the specified region is not confined to the southern Member States.

In 1972, France adopted such a measure for the registered destination of origin (AOC) Alsace. Since then, numerous decisions along these lines although in slightly different forms have been taken in all the Member States which produce wine.

A thorough analysis of this situation and the conviction that in certain cases and under certain conditions this measure could be justified, for reasons of quality, and in order to strengthen control and the protection of intellectual property, led the Commission to submit a proposal for a Regulation to the Council in order to provide a basis for the measure at Community level.

The proposal submitted(2) aims to enable the Member States to make it compulsory to bottle certain quality wines psr within the specified region under certain rather restrictive conditions:

- bottling in the specified region has to give the wines their special characteristics or to constitute a major factor in conserving their acquired special characteristics;

- almost the whole of the trade has to decide in favour.

The proposal also envisages a five-year transitional period, after its entry into force, to make it possible for bottlers who have bottled wine outside the specified region for at least three years to adapt to the measure.

In the Commission's view, compliance with these conditions should limit the number of specified regions which can make use of the proposed provision.

The Commission maintains in substance this same position in the comments formulated in the statement in intervention that it submitted to the Court of Justice in Case C-388/95 between Belgium and Spain on the same subject.

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

(2) OJ C 108, 7.4.1998.