Commission Regulation (EC) No 1607/2000 of 24 July 2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine, in particular the Title relating to quality wine produced in specified regions
Date: 2000-07-24
Institutions: European Commission
Subjects: alcohol, common organisation of markets, product designation, quality control of industrial products, wine of superior quality

25.7.2000

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Official Journal of the European Communities

L 185/17

COMMISSION REGULATION (EC) No 1607/2000

of 24 July 2000

laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common
organisation of the market in wine, in particular the Title relating to quality wine produced in
specified regions

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17
May 1999 on the common organisation of the market in
wine (1), and in particular Articles 56 and 58 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

General rules for quality wine produced in specified
regions (psr) are laid down in Title VI of Regulation (EC)
No 1493/1999, and in several of the annexes thereto.
These rules should be supplemented with implementing
rules and the Regulations which previously dealt with
that matter, Commission Regulations (EEC) No 1698/
70 (2), as last amended by Regulation (EEC) No 986/
89 (3), (EEC) No 2236/73 (4), (EEC) No 2082/74 (5), as
last amended by the Act concerning the conditions of
accession of the Hellenic Republic and the adjustments
to the Treaties (6) and (EEC) No 2903/79 (7), as last
amended by Regulation (EEC) No 418/86 (8), should be
repealed.

These rules were previously dispersed throughout a
number of Community Regulations. It would be in the
interests of economic operators in the Community and
of the authorities responsible for applying Community
rules to collate all these provisions in a single Regula-
tion.

That Regulation should include the current rules adapted
to the new requirements of Regulation (EC) No 1493/
1999. It should also be simpler and more consistent,
and provide complete coverage of the subject, which
means that certain gaps must be filled in. In addition,
some rules should be more specifically worded,
to
ensure greater legal certainty when they are applied.

should be specified that

It
this Regulation applies
without prejudice to any special provisions laid down in
other areas.

Annex VI to Regulation (EC) No 1493/1999 provides
for a number of lists of quality wines psr. Those lists
must be established.

Paragraph 3 of Annex VI of Regulation (EC) No 1493/
1999 requires the producer Member States to carry out

(1) OJ L 179, 14.7.1999, p. 1.
(2) OJ L 190, 26.8.1970, p. 4.
(3) OJ L 106, 18.4.1989, p. 1.
(4) OJ L 229, 17.8.1973, p. 26.
(5) OJ L 217, 8.8.1974, p. 14.
(6) OJ L 291, 19.11.1979, p. 80.
(7) OJ L 326, 22.12.1979, p. 14.
(8) OJ L 48, 26.2.1986, p. 8.

(7)

(8)

(9)

(10)

(11)

(12)

(13)

systematic organoleptic tests for each quality wine psr
produced on their territory.

The task of comparing the results of tests with the
specifications prescribed and of carrying out organo-
leptic tests should be entrusted to inspection boards.

There should be provision regarding the use to be made
of wines suitable for yielding quality wines psr that are
not accepted as quality wines psr by the board
concerned.

The Commission should be informed of the measures
taken by the Member States and of the manner in which
they are applied.

Pursuant to Article 56(2) of Regulation (EC) No 1493/
1999, a quality wine psr may be downgraded at the
marketing stage in certain circumstances only. These
circumstances should be specified and the use to which
quality wines psr so downgraded may be put should be
stated, as should the conditions for those uses. The
competent authorities having the right to downgrade
wines should be indicated.

To avoid distorting competition, a downgraded quality
wine psr must not be marketed under a designation
similar to the designation which can no longer be allo-
cated to it. For monitoring to operate smoothly, entries
in stock movement registers must record the down-
grading.

For the Commission to be able to monitor the applica-
tion by the competent authorities in the Member States
of the provisions governing the downgrading of quality
wines psr, the Member States should notify the Commis-
sion each year of the quantities of quality wine psr
downgraded on their territory.

The downgrading of a quality wine psr on the territory
of a Member State other than that in which it originated
the
should be carried out by a competent body of
Member State of origin. To that end, direct cooperation
should be ensured between the bodies responsible in the
Member States for the supervision of the production and
marketing of quality wines psr and rules for such
cooperation should be laid down. However, in order to
simplify the administrative task of the Member States, it
should be possible for the competent body of
the
Member State which has on its territory a small quantity
of the quality wine psr in question to downgrade this
quantity itself.

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Official Journal of the European Communities

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(14)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Wine,

HAS ADOPTED THIS REGULATION:

Article 1

Purpose

This Regulation lays down detailed rules for implementing the
provisions of Regulation (EC) No 1493/1999 relating to quality
wine produced in specified regions (quality wine psr).

TITLE I

RULES RELATING TO SPECIFIED REGIONS

Article 2

Demarcation of areas in immediate proximity to a speci-
fied region

Notwithstanding the rule in point 1(b) of paragraph D of
Annex VI to Regulation (EC) No 1493/1999, but pursuant to
point 3 of paragraph D of Annex VI to that Regulation, the
area in immediate proximity to a specified region where a
quality wine psr may be obtained or manufactured shall be
demarcated by each Member State concerned and for each
quality wine psr concerned. The Member State shall
take
account, among other things, of the geographical situation,
administrative structures and traditional situations prior to
demarcation.

The Member States shall notify the Commission of such demar-
cation decisions taken, and the Commission shall publicise
such decisions in all Member States by appropriate means.

TITLE II

RULES RELATING TO ALCOHOLIC STRENGTH

Article 3

List of quality white wines psr whose total alcoholic
strength by volume may be less than 9 % vol. but not less
than 8,5 % vol.

The lists referred to in point 5 of paragraph F of Annex VI to
Regulation (EC) No 2493/1999 are set out in Annex I hereto.

Article 4

Article 5

List of quality liqueur wines psr whose total alcoholic
strength by volume may be less than 17,5 % vol. but not
less than 15 % vol.

The list referred to in point 4 of paragraph L of Annex VI to
Regulation (EC) No 1493/1999 is set out in paragraph B of
Annex II hereto.

Article 6

List of varieties which can be used to make quality liqueur
wines psr using the special traditional indications ‘vino
dulce natural’, ‘vino dolce naturale’, ‘vinho doce natural’
and ‘οίνος γλυκύς φυσικός’

The list referred to in point 5 of paragraph L of Annex VI to
Regulation (EC) No 1493/1999 is set out in Annex III hereto.

Article 7

List of cuvées intended for the manufacture of quality
sparkling wines psr, and of quality sparkling wines psr,
whose alcoholic strength may be less than 9,5 % vol. but
not less than 8,5 % vol.

The lists referred to in points 2 and 3 of paragraph K of Annex
VI to Regulation (EC) No 1493/1999 are set out in Annex IV
hereto.

TITLE III

RULES GOVERNING ANALYTICAL AND ORGANOLEPTIC
TESTS

Article 8

General rules

1.
For the purposes of applying point (d) of the second
paragraph of Article 58 of Regulation (EC) No 1493/1999,
each producer Member State shall set up one or more boards
the quality wines psr
to carry out organoleptic tests of
produced on its territory.

When such boards are set up pursuant to the above provision
and to point 1(b) of paragraph J of Annex VI to Regulation
(EC) No 1493/1999, the Member States shall ensure that inter-
ested parties are represented thereon.

2.
The Member States shall lay down rules to ensure that
analytical and organoleptic tests are carried out systematically
for all quality wines psr produced on their territory. However,
for wines from the 2000/2001 wine year, the tests may be
carried out by sampling.

List of quality liqueur wines psr whose natural alcoholic
strength by volume may be less than 12 % vol.

They shall ensure that each sample taken is representative of
each of the quality wines psr held by the producer.

The list referred to in point 3(a) of paragraph L of Annex VI to
Regulation (EC) No 1493/1999 is set out in paragraph A of
Annex II hereto.

3.
For all wines liable to become quality wines psr, the tests
referred to in paragraph 2 shall be carried out at the produc-
tion stage before the wine is classified as a quality wine psr.

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4. Wine may be classified as a quality wine psr only where:

(a) the results of the analytical tests carries out in accordance
with the methods referred to in Article 46 of Regulation
(EC) No 1493/1999 prove that the wine falls within the
required limits referred to in point 1(a) of paragraph J of
Annex VI to that Regulation, and

(b) the organoleptic test shows that the wine possesses all the

appropriate features.

Article 9

Use of wine that does not pass the analytical and organo-
leptic tests

Where the analytical and organoleptic tests show that the wine
is not suitable to be classified as the quality wine psr claimed,
then the wine may,
if it has the required characteristics, be
classified:

(a) as another quality wine psr, if the conditions for its classi-

fication as such are met, or

(b) as table wine, provided that enrichment, if any, has been
carried out in accordance with Article 43(2) of and para-
graphs C and G of Annex V to Regulation (EC) No 1493/
1999, or

(c) as wine of another category, as referred to in Annex I to

Regulation (EC) No 1493/1999.

TITLE IV

RULES APPLICABLE TO DOWNGRADING

Article 10

Conditions for certain cases of downgrading quality wines
psr at the marketing stage

1.
For the purposes of applying Article 56 of Regulation
(EC) No 1493/1999, ‘the downgrading of a quality wine psr’
means ‘prohibiting the use for the wine concerned of any
reference to Community or national indications reserved for a
quality wine psr’.

For the purposes of applying Article 56(3) of that Regula-
2.
tion, a quality wine psr shall be deemed to have undergone a
change such as to justify downgrading in particular when it is
found that:

(a) it no longer meets the requirements for at least one of the
features referred to in point 1(a) of paragraph J of Annex VI
to the Regulation, or

(b) it no longer has at least one of the characteristics of quality

wine psr from the region whose name it bears.

3.
Downgrading of quality wine psr at the marketing stage
shall be declared by the competent body referred to, as applic-
able,

in Article 12(1) or (3) of this Regulation.

The procedure for downgrading a quality wine psr shall

4.
be initiated by:

(a) the competent body referred to in Article 56(1) and (2) of
the Regulation, at the time of any appropriate check, or

(b) the trader holding the wine if he observes that the wine
fulfils the conditions referred to in paragraph 2 above.

5. Member States shall notify the Commission of the names
and addresses of the competent bodies authorised by them to
downgrade quality wines psr. The Commission shall take all
appropriate steps to publish the notifications in all Member
States.

6. Where necessary, any competent body may declare that
the accompanying document issued for a downgraded wine is
in breach of the rules.

Stock movement registers kept by the holder of a downgraded
wine shall specify that the wine has been downgraded from a
quality wine psr.

Article 11

Notification by Member States of the downgrading of
quality wines psr

For each wine marketing year, the Member States shall collect
data on quantities of quality wine psr downgraded on their
territory.

They shall notify these data to the Commission no later than 1
November following the wine year in which downgrading is
declared.

The data shall distinguish between wine downgraded from
quality wine psr

(a) at the production stage:

(i) on the initiative of the competent body, or

(ii) at the request of the producer;

(b) at the marketing stage:

(i) on the initiative of the competent body, or

(ii) at the request of the trader.

They shall
category resulting from the downgrading.

indicate the quantities broken down by product

Article 12

Direct collaboration of the Member States' competent
bodies as regards the downgrading of quality wine psr

1.
The competent body in a Member State that has on its
territory a quality wine psr being considered for downgrading
shall
inform the competent body of the Member State on
whose territory the wine was produced (‘the Member State of
origin’) accordingly.

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The exchange of information may be accompanied by:

(a) dispatch of samples to an official laboratory in the Member
State of origin at the request of one of the Member States
concerned; where the wine is a quality wine psr
in
containers holding no more than 60 litres, the sample shall
bear the labelling under which the wine was put into
circulation,

(b) presence of a qualified expert from the Member State of

origin at checks,

(c) participation of different Member States in concerted tests,
(d) verification of the documents and register entries laid down
pursuant to Article 70 of Regulation (EC) No 1493/1999.

The competent body to which the request is addressed
2.
shall promptly inform the competent body sending the request
of its decision on downgrading.

3. When the total quantity of wine involved does not exceed
two hectolitres, the competent body of the Member State that
has on its territory a quality wine psr liable to be downgraded
may itself decide to downgrade the wine.

4.
Any natural or legal person or group of persons affected
by a decision taken under paragraph 2 or 3 above may ask the
competent body of the Member State that has on its territory
the quality wine psr concerned to reconsider the decision. If
that body finds that the request to reconsider the decision is
founded, it shall request the competent body of the Member

State of origin of the quality wine psr concerned to reconsider
the decision, or, in the case referred to in paragraph 3, it shall
itself reconsider the decision.

5. Member States that have downgraded a quality wine psr
originating in another Member State in the course of a year
shall, by 31 March of the following year, notify the Commis-
sion and the Member States of origin of the quality wines psr
concerned of the volume of each quality wine psr downgraded.

TITLE V

FINAL PROVISIONS

Article 13

Repeal

Regulations (EEC) No 1698/70, (EEC) No 2236/73, (EEC) No
2082/74 and (EEC) No 2903/79 are repealed.

Article 14

Entry into force

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

It shall apply from 1 August 2000.

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

Done at Brussels, 24 July 2000.

For the Commission

Franz FISCHLER

Member of the Commission

List of quality white wines psr whose total alcoholic strength by volume may be less than 9 % but not less than
8,5 % vol.

ANNEX I

— Vinho Verde

PORTUGAL

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ANNEX II

A. List referred to in point 3 (a) of paragraph L of Annex VI to Regulation (EC) No 1493/1999

1. List of guality liqueur wines psr produced from grape must with a natural alcoholic strength by volume of not less
than 10 % vol. obtained by the addition of sprit obtained from wine or grape marc with a registered designation of
origin, possibly from the same holding.

(Point 3 (a) (i) of paragraph L of Annex VI to Regulation (Ec) No 1493/1999)

FRANCE

Pineau de Charantes or Pineau charentais, Floc de Gascogne, Macvin du Jura.

2. List of guality liqueur wines psr produced from fermenting grape must with an initial natural alcoholic strength by
volume of not less than 11 % vol. obtained by the addition of neutral alcohol or of a distillate of wine with an actual
alcoholic strength by volume of not less than 70 % vol., or spirit of vinous origin.

(First indent of point 3 (a) (ii) of paragraph L of Annex VI to Regulation (EC) No 1493/1999)

PORTUGAL

Porto, vin de Porto, Oporto Port, Port wine, Portwein, Portvin, Portwĳn

Moscatel de Setúbal, Setúbal

Carcavelos

ITALY

Moscato di Noto

Trentino.

3. List of guality liqueur wines psr produced from wine with an initial natural alcoholic strength by volume of not less

than 10,5 % vol.

(Second indent of point 3 (a) (ii) of paragraph L of Annex VI to Regulation (EC) No 1493/1999)

SPAIN

Jerez-Xérès-Sherry

Manzanilla-Sanlúcar de Barrameda

Contado de Huelva

Rueda

4. List of guality liqueur wines psr obtained from fermenting grape must with an initial natural alcoholic strength by

volume of not less than 9 % vol.

(Third indent of point 3 (a) (ii) of paragraph L of Annex VI to Regulation (EC) No 1493/1999)

PORTUGAL

Madeira, Madeira Wein, Madeira wine, vin de Madère, Madera, vino di Madera, Madeira wĳn

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B. List referred to in point 4 of paragraph L of Annex VI to Regulation (EC) No 1493/1999

5. List of guality liqueur wines psr having a total alcoholic strength by volume less than 17,5 % vol. but not less than

15 % vol., where national

laws applicable thereto before 1 January 1985 expressly so provided

(Point 4 of paragraph L of Annex VI to Regulation (EC) No 1493/1999)

SPAIN

Quality liqueur wine psr

Description of product as established by Community rules or
national legislation

Condado de Huelva

Jerez-Xérès-Sherry

Manzanilla-Sanlúcar de Barrameda

Málaga

Montilla-Moriles

Priorato

Rueda

Tarragona

ITALY

Trentino

PORTUGAL

Vino generoso

Vino generoso

Vino generoso

Seco

Vino generoso

Rancio seco

Vino generoso

Rancio seco

Quality liqueur wine psr

Description of product as established by Community rules or
national legislation

Porto, vin de Porto, Oporto, Port, Port wine, Portwein,
Portvin, Portwĳn

Branco leve seco

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ANNEX III

List of varieties which can be used to make quality liqueur wines psr which use the special traditional

indications ‘vino dulce natural’,

‘vino dolce naturale’,

‘vino doce natural’ and ‘οίνος γλυκύς φυσικός’

Muscats — Grenache — Maccabéo — Malvoisies — Mavrodaphne — Assirtiko — Liatiko — Garnacha tintorera —
Monastrell — Pedro Ximénez — Albarola — Aleatico — Bosco — Cannonau — Corinto nero — Giró — Monica —
Nasco — Primitivo — Vermentino — Zibibbo.

List of quality sparkling wines psr the cuvée of which may have an alcoholic strength of less than 9,5 % vol.

ANNEX IV

ITALY

— Prosecco di Conegliano-Valdobbiadene

— Montello e Colli Asolani.