Proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) No 823/87 laying down special provisions relating to quality wines produced in specified regions
Date: 1995-10-31
Institutions: European Commission
Subjects: advertising, consumer information, designation of origin, labelling, restriction on competition, wine of superior quality

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COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Biusscls,  Jl  IU 1995 
COM(95) 506  final 

95/0266 (CNS) 

Proposal  for a 

COUNCIL  REGULATION  (EC) 

amending  Regulation  (PTC)  No  8?.V87  laying  down  special  provisions 
relating  to  quality  wines  piodiiccd  in  specified  regions 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

The objectives  of  the  proposed  amendments  to  Article  15(5) of  Regulation  (EEC)  No  82 1/87 
laying  down  special  provisions  relating  to  quality  vines  produced  in  specified  regions  are: 

to  put  an  end  to  the  special  arrangements  provided  for  in  Article  129  of  the  Act 
of  Accession  of  Spain and Portugal,  which  allowed  the use of the composite  terms 
"British  Sherry",  "Irish  Sheny"  and  "Cyprus  Sherry"  on  the market  of  the  United 
Kingdom  and  Ireland  until  31  December  1995, 

to  avoid  the  glowing  risk  ol  the  reputation  of  quality  vines  p.s.r.  being  lowered 
and distorted;  it  is thus proposed  that those terms may  no longer be used  for other 
beverages  irrespective  of  whether  or  not  there  is  a  risk  of  confusion 

The  use  of  the  word  "Sheny"  in  those  composite  terms  was  the  only  exception,  loi  a 
transitional  period  and  over  a  limited  territory,  that  was  accepted  in  the  Community  to  the 
general  principle established  in Regulation (EEC) No 823/87, according to which the  specified 
region,  which  plays  an  essential  role  in  detei mining  the  special  quality  characteristics  of a 
wine  (Article  3),  should  be  designated  by  its  geogiaphical  name  (Article  15(3)),  and  only 
wines obtained  from  laisins  liai vested,  piocessed  and prepared  as wine  in the specified  legion 
may  use  the  name  of  that  legion  (Article  6). 

An agreement between  the United Kingdom  and the Kingdom  of Spain  and related  statements 
concerning  the  Directive  on  the structures of excise  duties on alcohol  and alcoholic  beveiages 
provides  that  during  1995,  the  Council  acting  on  a  proposal  from  the  Commission,  and  in 
accordance  with  the  procedure  provided  for  in  Article  43  of  the  Treaty,  will  adopt  the 
provisions  necessary  to  put  an  end  before  1  January  1996  to  the  special  arrangements 
provided  for  in  Article  12(>  of  the  Act  of  Accession  of  Spain  and Portugal  to  the  European 
Communities. 

CD 

Proposal  lor a 

COUNCIL  KIXiUI.AIlON  (FC) Nr. 

amending  Regulation  (RFC)  No 823/87  laying down  special  provisions 
relating  to quality  wines produced  in specified  regions 

THF COUNCIL  OF  11 IF  EUROPEAN  UNION. 

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

thereof, 

Having  regard  to  the  Act  of  Accession  of  Spain  and  Portugal,  and  in  particular  Article  129 

thereof, 

Having  regard  to the proposal  from  the  Commission1, 

Having regard  to the opinion  of  the European  Parliament2 

/i 

Having  regard  to the opinion  of the Economic  and  Social  Committee3, 

Having  regard  to  the  Agreement  between  the  United  Kingdom  and the  Kingdom  of  Spain  and 
related  statements4 ad Article  18 of  Directive 92/83/EEC on the harmonization of the  structures 

of  excise duties on alcohol  and alcoholic beverages  , and in particular  the first  subparagraph of 

paragraph  (ii) thereof; 

Whereas  Article  129  of  the  Act  of  Accession  of  Spain  and  Portugal  permits  the  use  of  the 

composite  terms  "British  Sherry",  "Irish  Sherry"  and  "Cyprus  Sherry"  on  the  territory  of  the 

United  Kingdom  and  Ireland  until  31 December  1995; 

1 

2 

3 

4 
5 

OJ No L 

OJ No L 316,  31.10.1992, p.28. 
OJ No L 316, 31.10.1992, p.  2h 

*t*S 

Whereas  those  beverages  are  not wines  within  the  meaning  of  the  definition  given  in point  10 

of  Annex  I  to  Council  Regulation  (EEX!)  No  822/87  of  16  March  1987  on  the  common 
organization  of  the market  in wine6, as last amended  by  Regulation  (EC) No  3290/947; 

Whereas Article  15(5) of Council  Regulation (EEC) No 823/87 , as last amended by  Regulation 
(EEC)  No  3 846/919,  provides  that  the  name  of  a  specified  region  as  referred  to  in  Article  3 

included  on  the  list  drawn  up  pursuant  to  Article  1(3)  with  respect  to  quality  wines psr  of  the 

Community  as  constituted  on  1  January  1981  may  not  be  used  for  the  description  and 

presentation  of  a beverage  other  than  a wine or grape must;  whereas the purpose  of  specifying 

that  date  is to  legitimize  the  use of the term  "Sherry" in the  United  Kingdom  and  Ireland  for  a 

product  which  is neither  a "Sherry", nor  a "Xeres", nor a  "Jerez" from  the region  designated as 

Jerez  de  la  Frontera  situated  in  Spain;  whereas,  as a result,  that  reference  should  be  deleted  in 

order  to terminate  the  special  arrangements  resulting  from  Article  129 of the  Act  of  Accession 

of  Spain  and  Portugal  whilst  at  the  same time providing  correct  information  to  consumers and 

adequate  protection  of  the  legitimate  interests of  wine producers  of that  region; 

Whereas the  marketing  of beverages not  falling  within the wine sector and of certain basic raw 

materials  to  obtain  those  beverages,  described  by  means  of  designations  normally  used  to 

describe wines, could confuse consumers as to the nature and origin of the product mus described 

and be detrimental  to the  interests of wine producers, 

HAS ADOPTED THIS REGULATION: 

Artfple  \ 

Regulation (EEC) No  823/87  is hereby amended as follows: 

The first subparagraph of  Article  15(5) is replaced by: 

OJNoL84,  17.3.1987, p.  I. 
OJ No  L 349,  31.12.1994, p.105. 
OJ No L 84, 27.3.1987, p.59. 
OJNo  L368,  31.12.1991, p.3. 

"5. 

Hie  following  may  not  be  used  lor  Ihc  description  and  presentation  of  a  beverage  oilier 

than  wine  or  {-'.rape  must: 

the  name  of  a specified  region  as  referred  (o  in  Article  3  included  on  Ihc  list  drawn 

up  pursuant  to  Article  1(3), 

the  name  of  a  vine  variety  as  referred  to  in  Article  4, 

a  traditional  specific  term  referred  to  in  paragraph  2, 

or 

if  it  is  attributed  by  a  Member  Slate  lor  a  description  of  a  wine  under  Ihc  Community 

provisions  adopted  pursuant  to  Article  72( 1 ) of  Regulation  (EEC)  No  822/87: 

the  name  of  a  geographical  unit  which  is  smaller  than  the  specified  region 

or 

an  additional  traditional  term, 

unless the  beverage  concerned  has  a recognized  geographical  indication  in  its  country  of 

origin,  in  so  far  as  it  is  compatible  with  Community  law." 

Article  ? 

This  Regulation  shall  enter  into  force  on  the  third  day  following  its  publication  in  Ihc  Official 

Journal  of  the  European  Communities. 

Il  .II.ill  apply  IIOIII  I  human  I'>'*<> 

This  Regulation  shall  be  binding,  ni  ils  enliiely  and  directly  applicable  in  all  Mciubci  Slates 

Done  at 

For  the  Council 

BUDGET  HEADING:  Bl-16 

APPROPRIATIONS; 
ECU  I 048  million 

TITLE: 
Proposal  tor a Council  Regulation  amending  Regulation  (EEC)  No 823/87  laying down  special  provisions  relaiing  to 
quality  wines produced  in specified  regions. 

3. 

LEGAL  BASIS: 

Article 43  of the Treaty  establishing  the  European  Economic  Community 
Article  129 of the  Act of  Accession  of  Spain  and  Portugal 

AIMS: 
To  put  an  end  to the  special  arrangements  provided  for  in the  Act of  Accession  of  Spain and Portugal  allowing  the use 
of the  term  "sherry"  in Great  Britain  and  Ireland  for  a product  which  is not a  "Sherry"  or a  "Xeres" or a  "Jerez" coming 
from the  specified  region  Jerez  de  la  Frontera in  Spain. 

!  5 

FINANCIAL  IMPLICATIONS: 

PERIOD OF  12 
MONTHS 

CURRENT 
FINANCIAL 
YEAR 
(95) 

FOLLOWING 
FINANCIAL 
YEAR 
(96) 

5.0. 

EXPENDITURE 
-  CHARGED  TO THE  EC  BUDGET 

(REFUNDS/INTERVENTION) 

- NATIONAL  AUTHORITIES 
-  OTHER 

5.1. 

REVENUE 
-  OWN  RESOURCES  OF THE  EC 
(LEVIES/CUSTOMS  DUTIES) 

-  NATIONAL 

5.0.1. 
5.1.1. 

5.2. 

ESTIMATED  EXPENDITURE 
ESTIMATED  REVENUE 

METHOD  OF CALCULATION: 

1997 

1998 

1999 

2000 

6.0. 

6.1. 

6.2. 

6.3. 

CAN THE  PROJECT  BE FINANCED  FROM  APPROPRIATIONS  ENTERED  IN THE  RELEVANT 
CHAPTER  OF THE  CURRENT  BUDGET? 

YES/NO 

CAN  THE  PROJECT  BE  FINANCED  BY TRANSFER  BETWEEN  CHAPTERS  OF THE  CURRENT 
BUDGET? 

WILL  A SUPPLEMENTARY  BUDGE!  BE NI CESSARY? 

WILL  FUTURE  BUDGET  APPROPRIATIONS  BE NECESSARY? 

YES/NO 

OBSERVATIONS 

i* 

ISSN  0254-1475 

COM(95) 506 final 

DOCUMENTS 

EN 

08  03 

Catalogue number : CB-CO-95-545-EN-C 

ISBN 92-77-94847-7 

Office for Official Publications of the European Communities 

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