Proposal for a Council Regulation amending Regulation (EEC) No 2332/92 on sparkling wines produced in the Community
Date: 1996-01-12
Institutions: European Commission
Subjects: derogation from EU law, sparkling wine, vinification, wine of superior quality

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  12.01.1996 
COM(95) 744 final 

96/0007  (CNS) 
96/0008  (CNS) 

Proposal  for a 
COUNCIL  REGULATION  fEQ 
amending Regulation  (EEC) No 823/87 laying down  special  provisions 
relating to quality  wines produced  in  specified  regions 

Proposal  for  a 
COUNCIL REGULATION  fEO 
amending Regulation  (EEC) No 2392/89 laying  down general  rules 
for  the description  and presentation  of wines and grape musts 

Proposal  for  a 
COUNCIL REGULATION  (EC) 
amending Regulation  (EEC) No 2332/92  on sparkling wines 
produced  in the Community 

Proposal  for a 
COUNCIL  REGULATION  (EC) 
amending Regulation  (EEC) No 2333/92 laying  down general  rules 
for  the description  and  presentation  of sparkling wines 
and  aerated  sparkling wines 

(presented  by the  Commission) 

EXPLANATORY MEMORANDUM 

The draft proposal amends four Council Regulations* 

The main changes are: 

I. 

in the case of Regulation  (EEC) No 823/87i 

provision is made whereby specific traditional 
terms can be used in Germany for quality wines 
produced  in a specified region  (quality wines psr); 

for a transitional period the name of a new quality 
wine psr can be used by the table wines that 
traditionally use that name. 

II. 

In the case of Regulation  (EEC) No 2392/89: 

provision  ie made: 

for certain terms that may be used in respect of 
table wines described using a geographical 
reference in Italy or the UK; 

for the option of using three vine varieties on the 
labelling of table wines described using a 
geographical reference, of quality wines psr and of 
wines from non-Member countries described using a 
geographical reference; 

to extend by three years the option for Member 
States to allow a quality wine psr to bear the name 
of a more restricted geographical unit than a 
specific region when at least 85% of the grapes 
used come from the unit in question; 

to end the requirement to draw up a list of wines 
imported from non-Member countries that are 
entitled to use a geographical name on their 
labelling. 

asj*ls*i**^^ 

irijaiiiriVjafegiftmiTy, 

III.  in the case of Regulation  (EEC) No 2332/92: 

a single minimum fermentation period of 9 0 days is 
proposed for all of the different fermentation 
methods used for sparkling wines. 

IV.  in the case of Regulation  (EEC) No 2333/92: 

- 

- 

- 

the Member states must make it compulsory to 
indicate a single wine-maker on the labelling; 

the detailed information for the consumer on sugar 
content is laid down; 

the criteria are strengthened for using the name of 
a variety on sparkling wine labels; 

the names of 3 vine varieties may be used on 
sparkling wine labels; 

minimum production and wine-making conditions are 
laid down for use of the term "cremant"; 

- 

provision is made to restrict use of the 
"champagne"-type bottle to sparkling wines and 
drinks that have traditionally used it. 

X 

- • - - • ^ — a s — s s ; g a a s ^ - > : . ^ - 7 f a : ^ . - - ; y^ 

I.  Proposal  for  a 

COUNCIL REGULATION (EC) No 

/ 

of 

dU>|oooT-&NS>) 

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

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 proposal  from  the Commission , 

Having regard to the opinion  of the European  Parliament2, 

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

Whereas  new  specific  traditional  terms  have  been  defined  in  Germany;  whereas  those  terms 

should be  included  in Regulation  (EEC) No  823/87 laying down  special provisions relating to 
quality wines produced in specified regions4, as last amended by Regulation (EEC) No 3896/915, 

to ensure protection  in all Member  States; 

Whereas, by  virtue  of Article  15(4) of Regulation  (EEC) No  823/87, the  name  of  a  specified 

region attributed by-a Member  State to a quality wine psr may not be used for  the  designation 

of  other  wine-sector  products;  whereas,  however,  the  creation  of  new  designations  of  origin 

should  be  authorized  whose  names  were  previously  used  for  certain  table  wines;  whereas 

provision should also be made for  a transitional period during which those names may be used 

concurrently  to enable traditional  users to adjust  to the new  situation, 

O J N oC 
OJNo  C 
OJNoC 
OJNo  L  84,27. 3.1987, p. 59. 
OJNo  L  368, 31.12.1991, p.  3. 

HAS ADOPTED  THIS  REGULATION: 

Article 1 

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

1. 

In Article  15(2)(a) the following  indents are added: 

-  "Qualitâtswein garantierten  Ursprungs" 

-  "Qualitâtsschaumwein garantierten  Ursprungs". 

2. 

The third  subparagraph  of Article  15(4) is replaced by the  following: 

"Notwithstanding the first subparagraph, a Member State may, where a traditional practice 

is  in  accordance  with  the  rules  in  that  Member  State,  allow  certain  geographical  names 

used  to  describe  a  table  wine  which  have  become  the  name  of  a  specified  region  to 

continue to be used also to describe table wines for  a period of three wine years." 

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. 

Done at 

For the Council 

FINANCIAL  STATEMENT 

1. 

BUDGET  HEADING:  16 

APPROPRIATIONS:  ECU  1 113m 

2. 

TITLE: 

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

3. 

LEGAL  BASIS: Article  43 of the  Treaty 

AIMS OF PROJECT: 

To  amend  Article  15 of  Regulation  (EEC) No  823/87  in order to  add new traditional  specific  terms  laid  down in 
Germany. 

FINANCIAL  IMPLICATIONS 

PERIOD OF 
12 MONTHS 

Mio ECU 

CURRENT 
FINANCIAL 
YEAR  (96) 
Mio ECU 

FOLLOWING 
FINANCIAL 
YEAR  (97) 
Mio ECU 

5.0. 

5.1. 

EXPENDITURE 
-  CHARGED TO THE  EC BUDGET 

(REFUNDS/INTERVENTION) 
- NATIONAL  ADMINISTRATION 
-  OTHER 

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

-  NATIONAL 

5.0.1. 
5.1.1. 

ESTIMATED  EXPENDITURE 
ESTIMATED  REVENUE 

5.2. 

METHOD  OF  CALCULATION: 

1998 

1999 

2000 

2001 

6.0. 

6.1. 

6.2. 

6.3. 

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

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

IS A SUPPLEMENTARY  BUDGET  NECESSARY? 

WILL  FUTURE  BUDGET  APPROPRIATIONS  BE NECESSARY? 

YES/N© 

YES/N© 

YES/NO 

YES/NO 

OBSERVATIONS: 

S 

II. Proposal  for  a 

COUNCIL  REGULATION (EC) No 

/ 

of 

amending  Regulation  (EEC) No 2392/89 laying  down general  rules 
for the  description  and presentation  of wines  and grape  musts 

1 
THE COUNCIL  OF THE EUROPEAN  UNION, 

Having regard  to the Treaty  establishing the European  Community, 

Having  regard  to  Council  Regulation  (EEC)  No  822/87  of  16 March  1987  on  the  common 
organization  of the market  in wine1, as last amended  by Regulation (EC) No  1544/952, and in 

particular  Article  72(1) thereof, 

Having regard to the proposal  from  the  Commission3, 

Whereas new terms to describe table wines by means of a geographical  designation have been 

adopted  in  Italy  and  the  United  Kingdom;  whereas  those  terms  should  be  included  to  ensure 

protection in all Member States; whereas such terms should be used in accordance with the rules 
laid  down  in  Article 4(3)  of  Regulation  (EEC)  No  2392/894,  as  last  amended  by  Regulation 
(EEC) No  3897/915; 

Whereas,  given  that  in  the  production  of  certain  wines  the  use  of  three  grape  varieties  is 

necessary  to  give  the  wine  its  character  and  that  such  use  is  provided  for  in  the  producer 

Member  state  or  the  third  country  of  origin;  whereas  the  names  of  the  three  grape  varieties 

should be allowed  to be used in labelling the wines in question; 

O J No  L  84,27.  3.1987,  p.  1. 
O J No  L  148,  30.  6.1995,  p. 31. 
O J No  C 
O J No  L 2 3 2,  9.  8.1989,  p.  13. 
O J N o L 3 6 8,  31.12.1991, p.  5. 

Whereas point b) of the second subparagraph of Article  13(3) of Regulation (EEC) No 2392/89 

provides  for  the possibility  for  Member  States to allow,  until  31 August  1995,  a quality  wine 

produced  in a specified  region to bear the name of a geographical  unit smaller than a  specified 

region  provided  that  at  least  85% of  the  grapes  used  are  obtained  in  that  unit;  whereas  the 

transitional  period  has  proved  too  short  to  allow  some  Member  States  to  create  larger  units; 

whereas the transitional period  should therefore  be extended; 

Whereas when Regulation  (EEC) No 2392/89 was consolidated errors appeared in a number of 

Articles  relating  to the  description  on official  documents  and registers  in that  the  requirement 

to indicate the alcoholic strength by volume and the nominal volume was omitted; whereas that 

oversight  should be  rectified; 

Whereas  the  procedure  used  up  to  now  for  drawing  up  a  list  of  wines  imported  from  third 

countries  able  to  use  a  geographical  name  for  labelling  has  proved  too  unwieldy;  whereas  it 

should be discontinued; whereas it should nonetheless be ensured that such imported wines meet 

the conditions laid down in Article 29 of Regulation (EEC) No 2392/89; whereas, in particular, 

it  should  be  checked  that  the  geographical  names  used  do not  lead  to  confusion  with  quality 

wines psr and table wines designated using a geographical term in the lists published in the "C" 

series of the Official  Journal  of the European Communities or with wines from  third  countries 

designated  using  a  geographical  term  included  in  the  lists  published  in  the  bilateral  or 

multilateral  agreements  concluded between  the Community and third countries, 

HAS ADOPTED  THIS  REGULATION: 

Article 1 

Regulation  (EEC) No 2392/89  is hereby amended  as  follows: 

1. 

In Article 2(3): 

1) 

point  (b) is replaced by the  following: 

"(b)  the name of one, two or three vine varieties, in accordance with the conditions 

laid down in Article 5;" 

2) 

in point (i): 

a) 

b) 

in the third indent "vino tipico" is replaced by "indicazione geografica tipica"; 

the  following  indent  is added: 

ti 

'Regional wine" for  table wines originating  in the United  Kingdom". 
ni 

2. 

In Article 4(4) the last subparagraph is replaced by the  following: 

"However, in the case referred to in the third subparagraph of Article  15(4) of Regulation 

(EEC) No 823/87, Member States may, for a maximum of three wine years,  authorize the 

use of the name of the  specified  region  for  table wines. 

Member  States  shall notify  the  Commission of the geographical  names which they have 

authorized  and the time limit for  the use of those names. 

3. 

In Article  5(2) the first indent  is replaced by the  following: 

"- 

the names of two or three vine varieties for one and the same table wine,  where the 

legislation of the Member State so provides and provided that it is obtained entirely 

from  the varieties named, with the exception of any products used for  sweetening". 

4. 

In Article  8(1) the  following  points (e) and (f)  are added: 

"e) 

the actual  alcoholic  strength by volume; 

f) 

the nominal volume". 

5. 

In Article  8(2), point  (c) is replaced by the  following: 

"(c)  the name of one, two or three vine varieties;". 

6. 

In Article  9(1) the first indent is replaced by the  following: 

"- 

in Article  8(l)(a),  (b), (e) and (f)." 

« 

7. 

In Article  11(2), point  (n) is replaced by the  following: 

"n) 

the name of one, two or three vine varieties, in accordance with the conditions laid 

down in Article  14;". 

8. 

In Article  13(3)(b),  "31 August  1995" is replaced by  "31 August  1998". 

9. 

In Article  14(2), the first indent  is replaced by the  following: 

"- 

the  names  of  two  or  three  vine  varieties  for  one  and  the  same  quality  wine  psr 

provided  that the legislation  of the Member  State  so provides and provided  that  it 

is obtained entirely from the varieties named, with the exception of the products used 

for  possible  sweetening". 

10. 

In Article  17(1), the following  points  (f)  and (g) are added: 

Mf) 

the actual  alcoholic  strength by volume; 

g) 

the nominal volume." 

11. 

In Article  17(2), point  (e) is replaced by the  following: 

" the name of one, two or three vine varieties;". 

12. 

In Article  18(1), the first indent is replaced by the  following: 

"-  Article  17(l)(a),  (b), (c), (d), (f)  and (g)". 

13. 

In  the  first  subparagraph  of  Article  25(1),  "not  included  on  the  list  referred  to  in 

Article 26(1)" is replaced by the  following: 

"not described by means of a geographical  term referred  to in Article 26(1)". 

14. 

In Article 26(1): 

1) 

in the first subparagraph  "and appearing  on a list to be adopted" is deleted. 

9 

2) 

the second subparagraph is replaced by the  following: 

"In  the  case  of  imported  wines  referred  to  in  the  first  subparagraph,  the  conditions  of 

production of each of those wines must be equivalent to those for a quality wine psr or for 

a table  wine bearing  a geographical  ascription.". 

15. 

In Article 26(2), point  (d) is replaced by the  following: 

"(d)  the name of one, two or three vine varieties, in accordance with the conditions laid 

down in Article 30". 

16. 

In Article 26(2), point  (b) is deleted. 

17. 

In Article 29(1),  "and (2)(b)" is deleted. 

18. 

In Article  29(1), point  (c) is replaced by the  following: 

"(c)  which is not  likely to be confused  with  a term  used to describe  a quality wine psr 

in the list referred  to in Article  1(3) of  Regulation (EEC) No  823/87, a table wine 

in  the  list  referred  to  in  Article  11(1)  of  Regulation  (EEC)  No  3201/90  or  an 

imported wine in the lists of agreements concluded between third countries and the 

Community." 

19.  Article  32(1)  is replaced by the  following: 

" 1. 

In the case of imported wines referred to in Article 25,  the description in the  official 

documents  shall include the  following: 

(a) 

the word 'wine'; 

(b) 

a statement  as to whether the wine is red, rosé or white; 

(c) 

the name of the third country of origin, as stated in the documents referred  to 

in Regulation (EC) No 2390/89 accompanying the wine in question when it is 

imported; 

(d) 

the actual  alcoholic  strength by volume; 

(e) 

the nominal volume." 

to 

20. 

In Article 32(2): 

1. 

the first subparagraph  is replaced by the  following: 

"In the case of wines intended for direct human consumption described by means of 

a  geographical  ascription  referred  to  in  Article 26,  the  description  in  the  official 

documents  shall include the  following: 

(a) 

the name of a geographical  unit as referred  to in Article 26(1 )(a); 

(b) 

a statement  as to whether the wine is red, rosé or white; 

(c) 

the name of the third  country of origin; 

(d) 

the actual  alcoholic  strength; 

(e) 

the nominal volume." 

2) 

in the  second  subparagraph: 

(a)  point  (a) is deleted. 

(b) 

point  (c) is replaced by the  following: 

"(c)  the name of one, two or three vine varieties;". 

21.  Article  33 is amended  as  follows: 

(a) 

In point  (a)  "which  are  not  on the  list referred  to  in Article 26(1)" is replaced  by 

"referred  to in Article 25". 

(b) 

In point (b) "and on the list referred to in Article 26(1)" is replaced by "and referred 

to in Article 26(1)". 

22. 

In point  (d)  of  the  second  subparagraph  of  Article 40(2),  "an imported  wine  on  the  list 

referred to in Article 26(1)" is replaced by "an imported wine referred to in Article 26(1)". 

u 

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. 

Done at 

For the Council 

\L 

FINANCIAL  STATEMENT 

BUDGET  HEADING:  16 

APPROPRIATIONS:  ECU  1  113m 

TITLE: 

Proposal  for  a  Council  Regulation  amending  Regulation  (EEC)  No  2392/89  laying  down  general  rules  for  the 
description  and  presentation  of  wines  and  grape  musts. 

LEGAL  BASIS:  Council  Regulation  (EEC)  No  822/87 

AIMS  OF  PROJECT: 

To  amend  Articles  2,  4,  5,  8,  9,  11,  13,  14,  17,  18, 25,  26,  29,  32  and  33  of  Regulation  (EEC)  No  2392/89  in  order 
better  to  reflect  reality,  in  particular  as  regards  producers'  requirements. 

5. 

FINANCIAL  IMPLICATIONS 

5.0. 

5.1. 

EXPENDITURE 
-  CHARGED  TO  THE  EC  BUDGET 

(REFUNDS/INTERVENTION) 
-  NATIONAL  ADMINISTRATION 
-  OTHER 

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

-  NATIONAL 

5.0.1. 
5.1.1. 

ESTIMATED  EXPENDITURE 
ESTIMATED  REVENUE 

5.2. 

METHOD  OF  CALCULATION: 

PERIOD  OF 
12  MONTHS 

Mio  ECU 

CURRENT 
FINANCIAL 
YEAR  (96) 
Mio  ECU 

FOLLOWING 
FINANCIAL 
YEAR  (97) 
Mio  ECU 

1998 

1999 

2000 

2001 

6.0. 

6.1. 

6.2. 

6.3. 

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

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

IS  A  SUPPLEMENTARY  BUDGET  NECESSARY? 

WILL  FUTURE  BUDGET  APPROPRIATIONS  BE  NECESSARY? 

YES/NO 

YES/NO 

Y-ËS/NO 

Y-BS/NO 

OBSERVATIONS: 

\2> 

III. Proposal for a 

COUNCIL  REGULATION (EC) No 

/ 

^  I  Q Q 0^  £  ^A 

of 

amending Regulation  (EEC) No 2332/92  on sparkling wines produced  in the  Community 

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 proposal from the  Commission1, 

Having regard to the opinion  of the European  Parliament, 

Having regard to the opinion  of the Economic and  Social  Committee3 

Whereas, pursuant to Article  17(3) of Council Regulation (EEC) No 2332/92 , as last amended 

by  Regulation  (EC) No  1547/95 , the Council may alter the duration  of fermentation  intended 

-5 

to make the cuvée sparkling and of presence on the lees as set out in paragraph 2 of that Article 

in line with current  scientific  knowledge  and technological progress; 

Whereas, according  to the results of scientific  research and technological  progress to date, the 

fixing  of  different  periods  of  fermentation  and  of  presence  on  the  lees  for  the  various 

fermentation  methods  used  is  not  warranted;  whereas  a  single  minimum  period  should 

consequently be laid down for  the various methods; 

Whereas Article  14(2) of Regulation (EEC) No 2332/92 provides that the Member  States may 

permit,  until  31  December  1995 at  the  latest, that  the production  process of  quality  sparkling 

O J N oC 
OJNo  C 
O J N oC 
OJNo  L231,  13. 8.1992, p.  1. 
OJNo  L  148, 30. 6.1995, p. 15. 

11+ 

wines  psr  may  involve  adding  to  the  cuvée  one  or  more  wine-sector  products  which  do  not 

originate  in the  specified  region whose name the wine bears; whereas that time  limit has  proved 

too  short  to  allow  operators  in  certain  specified  regions  to  adapt  to  the  technical  requirements 

laid  down;  whereas  it  should  accordingly  be  extended;  whereas,  since  that  derogation  covers 

specific  cases  only,  provision  should  be  made  for  a  system  of  express  authorizations  and  the 

names  of  the  regions  should  be  listed  in  the  detailed  rules  of  application, 

HAS  ADOPTED  THIS  REGULATION: 

Article  1 

Regulation  (EEC)  No  2332/92  is  hereby  amended  as  follows: 

1. 

The  introductory  part  of  the  first  subparagraph  of  Article  14(2)  is  replaced  by: 

"Notwithstanding  the  first  indent  of  paragraph  1,  where  the  practice  is  traditional  and 

governed by special provisions in the Member  State of production, that Member  State may, 

until  31  August  1998  at  the  latest,  by  means  of  express  authorizations  and  subject  to 

suitable  controls,  permit  that  a  quality  sparkling  wine  psr  on  a  list  determined  in 

accordance  with the procedure  provided  for  in Article  83 of Regulation  (EEC) No  822/87, 

be  obtained  by  adding  to  the  basic  product  from  which  the  wine  is  made  one  or  more 

wine-sector  products  which  do not  originate  in the  specified  region  whose name  the  wine 

bears,  provided  that:". 

2. 

Article  17(2)  is  replaced  by: 

"2.  The  duration  of  the  fermentation  process  designed  to  make  the  cuvée  sparkling  and 

the  duration  of  the presence  of the  cuvée  on the  lees  shall not be  less than  90 days." 

3. 

Article  17(3)  is  deleted. 

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. 

Done at 

For the Council 

tfc 

FINANCIAL  STATEMENT 

BUDGET  HEADING:  16 

APPROPRIATIONS:  ECU  1 113m 

TITLE: 

Proposal  for  a Council  Regulation  amending  Council  Regulation  (EEC) No 2332/92  on sparkling  wines produced  in the 
Community. 

3. 

LEGAL  BASIS: Article  43 of the  Treaty 

4. 

AIMS OF PROJECT: 

To amend  Article  17 of  Regulation  (EEC) No 2332/92  in order to  lay  down  a single period  for  fermentation  and the 
presence  of the  cuvée on the  lees for  the various methods  of fermentation  used. 

FINANCIAL  IMPLICATIONS 

PERIOD OF 
12 MONTHS 

Mio ECU 

CURRENT 
FINANCIAL 
YEAR  (96) 
Mio ECU 

FOLLOWING 
FINANCIAL 
YEAR  (97) 
Mio ECU 

5.0. 

5.1. 

EXPENDITURE 
-  CHARGED  TO THE  EC BUDGET 

(REFUNDS/INTERVENTION) 
- NATIONAL  ADMINISTRATION 
-  OTHER 

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: 

1998 

1999 

2000 

2001 

6.0. 

6.1. 

6.2. 

6.3. 

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

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

IS A SUPPLEMENTARY  BUDGET  NECESSARY? 

WILL FUTURE  BUDGET  APPROPRIATIONS  BE NECESSARY? 

YES/N© 

YES/N© 

YES/NO 

Y-ES/NO 

OBSERVATIONS: 

t? 

IV. Proposal for a 

COUNCIL  REGULATION (EC) No 

/ 

of 

amending  Regulation  (EEC) No 2333/92 laying  down general  rules  for the  description 
and presentation  of sparkling wines  and aerated  sparkling  wines 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty  establishing the European  Community, 

Having  regard  to  Council  Regulation  (EEC)  No  822/87  of  16  March  1987  on  the  common 
organization  of the market  in wine1, as last amended by Regulation  (EC) No  1544/952, and in 

particular  Article  72(1) thereof, 

Having regard to the proposal  from  the  Commission, 

Whereas quality sparkling wines produced in specified regions (quality sparkling wines psr) must 

be produced in the specified region and whereas the compulsory showing of the producer's name 

on  the  label  may  help  consumers  to  identify  the  place  of  production;  whereas,  under  those 

circumstances,  the  Member  States  should  be  able  to  make  it  compulsory  in  certain  cases  to 

indicate the producer's name on the label; 

Whereas provision must be made for the possibility, already open in certain Member States, of 

using one or more traditional  terms as a sales description for  certain  sparkling wines; 

Whereas  the  sugar  in  sparkling  wines  as a finished product  may  comprise residual  sugar  and 

added sugar; whereas the Regulation  should be adapted  accordingly; 

Whereas the details required to inform the consumer about the sugar content should be specified; 

1 
2 

O J N oL  84,27.  3.1987, p.  1. 
OJ No L  148, 30. 6.1995, p. 31. 

i« 

Whereas  using the  name  of  a vine  variety  to designate  a  sparkling wine  has  a connotation  of 

quality  for  consumers; whereas this factor  should be enhanced  and provision  should be made, 

if  the  name  of  a  vine  variety  is  to  be  used  on  the  label,  for  the  production  process  and  the 

fermentation  process to last at least a minimum  period; 

Whereas, in order to prevent the misuse of names of vine varieties on the label, their repetition 

must be banned,  except where the same name recurs; 

Whereas, in the production  of certain sparkling wines, three vine varieties must be used to give 

the  wine  its  character;  whereas  provision  should  be  made  for  the possibility  of  the  names  of 

those three vine varieties being used on the labels of such wines; 

Whereas  in  Case  C-309/89 

the  Court  of  Justice  declared  void  Article  6(6)(b)  of  Council 

Regulation  (EEC) No 2333/92  and by the  same token the conditions governing the use of the 

term  "crémant";  whereas,  however,  that  term  is  used  for  products  which  meet  stringent 

production conditions and which, as a result, have gained a certain reputation among consumers; 

whereas,  to  prevent  the  meaning  of  the  term  from  being  diluted,  the  minimum  production 

conditions to be met  if the term  is used must be  defined; 

Whereas the conditions governing the use of certain terms have been defined  in some Member 

States;  whereas,  to  avoid  creating  confusion  and  misleading  consumers,  provision  should  be 

made  for  those terms to be used only under those conditions; 

Whereas  sparkling  wines  can  only  be  put  on  the  market  in  labelled  glass bottles  closed  with 

mushroom-shaped  stoppers  in  accordance  with  conditions  laid  down  by  regulation;  whereas 

provision should be made for exceptions covering trade between wine-growers and provided that 

such exceptions  are subject to controls; 

Whereas  "Champagne"-type or  similar bottles have been  used  for  a very  long  time  to market 

sparkling  wines;  whereas  that  type  of  bottle  is  also  used  traditionally  for  certain  alcoholic 

beverages  produced  by  the  fermentation  of  fruit  or  other  agricultural  raw  materials;  whereas 

3 

4 

Codorniu  S.A.  v  Council  of  the  European  Union  [1994]  ECR  1-1853. 
O J No  L 2 3 1,  13. 8.1992,  p.  9. 

l9 

beverages put up in such bottles have certain special connotations in the eyes of consumers, and 

in particular that of fermented beverages; whereas, in order to avoid any confusion  in the minds 

of consumers  concerning  the type  of beverage  concerned  and to check  certain misuses of this 

type of bottle, it should be made clear that the use of such bottles is reserved for sparkling wines 

while the possibility of their use for certain beverages traditionally put up in this way should be 

safeguarded; 

Whereas, in certain Member States, for a quality sparkling wine to be deemed a quality sparkling 

wine psr, the product must be given a control number; whereas such products must circulate in 

labelled glass bottles fitted with mushroom-shaped stoppers on which the name of the  specified 

region  must  appear;  whereas  provision  must  nevertheless  be  made  for  a  wine  not  deemed  a 

quality  sparkling  wine  psr  following  a  check  to  be  sold  as  a  sparkling  wine  or  as  a  quality 

sparkling wine even if the name of the specified  region appears on the cork, 

HAS ADOPTED  THIS  REGULATION: 

Article 1 

Regulation  (EEC) No 2333/92  is hereby amended  as  follows: 

1. 

The following  subparagraph  is inserted after  the first subparagraph  of Article 3(2): 

"However,  the  Member  States  may  make  it  compulsory  for  only  the  name  or  business 

name of the producer  to be  shown." 

2. 

(a)  The following  subparagraph  is added to Article 5(2)(c): 

"However,  the  Member  States  may  require  that,  in  the  case  of  certain  quality 

sparkling wines psr produced on their territory, certain expressions referred to in the 

first subparagraph  are be used either  on their  own or in combination." 

(b) 

In Article 5(3): 

(i)  The word  "residual" is deleted  each time it appears. 

2D 

(ii)  The following  indent  is inserted as the first indent in the first subparagraph: 

"- "brut nature" or  "no dosage": 

if the sugar content is less than 3 grams per litre; these terms can only be used 

for  sparkling wine  to which  expedition liqueur is not  added  after  disgorging 

but  only  the  quantity  of  sparkling  wine  necessary  to  bring  the  level  in  the 

bottle back to what it was originally,". 

3. 

The  following  points are added to the second subparagraph  of Article 6(2): 

(c a)  the name of a variety can be repeated in the same expression only where more than 

one variety bearing that name exists;". 

(e) 

the  length  of  the  production  process,  including  ageing  in  the  establishment  of 

production, reckoned from the start of the fermentation process designed to make the 

cuvée sparkling,  has  not  been  less than  90 days  and provided  that  the  duration  of 

fermentation  designed to make the cuvée sparkling and the presence of the cuvée on 

the lees have lasted at least 60 days." 

4. 

The second indent of the third  subparagraph of Article  6(2) is replaced by the  following: 

"- 

authorize use of the names of two or three vine varieties where the regulations of the 

Member State so provide and on condition that all the grapes from which the product 

was  obtained  come  from  those  three  varieties,  with  the  exception  of  the  products 

contained  in tirage liqueur and expedition  liqueur and if the blend  of those two or 

three varieties  is crucial  for  the product's distinctive  character,". 

5.  Article  6(3)(c)  is replaced by the  following: 

"(c)  the process of fermentation  designed make the cuvée sparkling and the presence of 

the cuvée on the lees have lasted at least 90 days;". 

6.  Article  6(6)(b)  is replaced by the  following: 

"(b)  the term  "crémant" shall be reserved  for  products: 

21 

made  from  must  obtained  by  pressing  whole  grapes,  the  quantity  of  must 

obtained not  exceeding  100 litres for  every  150 kg of grapes, 

with a maximum  sulphur dioxide  content  of  150 mg/1, 

with a sugar content  of less than  50 g/1, and 

produced in accordance with additional special rules governing their production 

and description by the Member  State or the country in which they are made." 

7. 

In Article  6, the  following  paragraph  is inserted after  paragraph  11 : 

"11a. 

The terms  "Super Réserva" and "Velha Réserva" may be used only under the 

conditions  laid down by the Member  States." 

8. 

In Article  10: 

(a)  The  following  subparagraph is inserted after  the first subparagraph  of paragraph  1 : 

"However,  in the  case of products  covered by Article  1(1)  which  are produced by 

a  second  alcoholic  fermentation  in  the  bottle  in  accordance  with  the  traditional 

method  referred  to  in the  second  subparagraph  of Article  6(4), exceptions  may be 

allowed in trade between wine-growers in products still in the process of production 

where they are closed with  a crown stopper and are not  labelled, provided they are 

covered  by  an  accompanying  document  and  that  they  are  subject  to  adequate 

controls." 

(b)  The  following  paragraph  is inserted after  paragraph  1 : 

"la.  Only products covered by Article 1(1) may be put up in "Champagne"-type or 

similar bottles fitted with closing devices as referred  to in paragraph  1(a) with 

a view to  sale or placing on the market,  including  for  export. 

However  that  type  of  bottle  may  be  used  for  non-food  products  other  than 

beverages. It may be used  for  beverages,  subject  to the  second  subparagraph 

of Article  14(1), provided they are produced by alcoholic fermentation  of  fruit 

or  another  agricultural  raw  material  and that they  are traditionally  put  up in 

such bottles." 

ZL 

(c)  Paragraph  2 is replaced by the  following: 

"2. 

In  so  far  as  their  description  and  presentation  are  not  governed  by  this 

Regulation, they may be governed by detailed rules of application, in particular 

as regards: 

(a) 

the positioning of labels on containers; 

(b) 

the minimum  size of labels; 

(c) 

the  arrangement  on  the  label  of  the  various  items  making  up  the 

description; 

(d) 

the size of the characters on labels; 

(e) 

the use of symbols, illustrations and brand names; 

(f) 

the type of closing device as referred  to in paragraph  1 ; 

(g) 

the type of bottle as referred  to in paragraph  la." 

9. 

The  following  paragraph  is added to Article  13: 

"4.  The  description,  presentation  and  advertising  of products  other  than  those  covered 

by  Article  1(1) may not indicate,  imply  or  suggest that  the product  concerned  is a 

sparkling wine." 

10.  The  following  subparagraph  is added to Article  15(1): 

"However, where, following  a check by the competent authority,  sparkling wines are not 

deemed quality sparkling wines psr, the corks on such wines may, by way of an exception, 

continue to be marked with the name of a specified  region." 

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. 

Done at 

For the Council 

23 

FINANCIAL  STATEMENT 

BUDGET  HEADING:  16 

APPROPRIATIONS:  ECU  1 113m 

TITLE: 

Proposal  for  a Council  Regulation  amending  Regulation  (EEC) No 2333/92  laying  down general  rules  for the 
description  and presentation  of sparkling  wines and  aerated  sparkling wines. 

LEGAL  BASIS: Council  Regulation  (EEC) No  822/87 

4. 

AIMS OF PROJECT: 

To amend  Articles  3, 5, 6,  10,  13 and  15 of Regulation  (EEC) No 2333/92  in order better to reflect  reality, in 
particular  as regards  consumers'  requirements. 

FINANCIAL  IMPLICATIONS 

PERIOD OF 
12 MONTHS 

Mio ECU 

CURRENT 
FINANCIAL 
YEAR  (96) 
Mio ECU 

FOLLOWING 
FINANCIAL 
YEAR  (97) 
Mio ECU 

5.0. 

5.1. 

EXPENDITURE 
- CHARGED  TO THE  EC BUDGET 

(REFUNDS/INTERVENTION) 
- NATIONAL  ADMINISTRATION 
-  OTHER 

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

-  NATIONAL 

5.0.1. 
5.1.1. 

ESTIMATED  EXPENDITURE 
ESTIMATED REVENUE 

5.2. 

METHOD  OF CALCULATION: 

1998 

1999 

2000 

2001 

6.0. 

6.1. 

6.2. 

6.3. 

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

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

IS A SUPPLEMENTARY  BUDGET  NECESSARY? 

WILL FUTURE  BUDGET  APPROPRIATIONS  BE NECESSARY? 

YES/N© 

YES/N© 

Y-ES/NO 

Y-6S/NO 

OBSERVATIONS: 

Z4 

ISSN 0254-1475 

COM(95) 744 final 

DOCUMENTS 

EN 

03 

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ISBN 92-77-99354-5 

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'IK