Source: EURLEX
Language: en
Format: md

4.10.86 Official Journal of the European Communities No C 248/5

Proposal for a Council Regulation amending Regulation (EEC) No 3309/85 laying down
general rules for the description and presentation of sparkling wines and aerated sparkling wines

_COM(86)_ _479final_

_(Submitted by the Commission to the Council on 23 September 1986)_

(86/C 248/05)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 337/79 of 5 February 1979 on the common
organization of the market in wine ('), as last amended by Regulation (EEC) No 3805/85 ( [2] ),
and in particular Article 54 (1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas Council Regulation (EEC) No 3309/85 ( [3] ), as amended by Regulation (EEC) No
1626/86 ( [4] ), laid down general rules for the description of sparkling wines and aerated
sparkling wines; whereas, to prevent any distortion of existing trade patterns, provision should
be made under these rules so that sparkling wines originating in third countries may be
described as 'Sekt' if they are recognized as equivalent to a quality sparkling wine orginating in
the Community;

Whereas quality sparkling wines of the aromatic type are very similar, by virtue of their high
residual sugar content, to quality sparkling wines of the aromatic type produced in specified
regions; whereas, therefore, these two categories of product should be subject to the same rules
as regards the description of this characteristic on the labelling;

Whereas a typographical error should be corrected in the second subparagraph of Article 3 (2)
of Regulation (EEC) No 3309/85,

HAS ADOPTED THIS REGULATION:

_Article 1_

Regulation (EEC) No 3309/85 is hereby amended as follows:

1. The second subparagraph of Article 3 (2) is replaced by the following:

'Where the label features the name or business name of the producer and where production
takes place in a different local administrative area, part of such area or Member State from
that referred to in the second indent of the first paragraph, the information referred to
therein shall be replaced by the name of the local administrative area or part of such area
and that of the Member State in which production took place.'

(») OJNoL54, 5. 3. 1979, p. 1.
O OJ No L 367, 31. 12. 1985, p. 39.
( [3] ) OJ No L 320, 29. 11. 1985, p. 9.
( [4] ) OJ No L 144, 29. 5. 1986, p. 3.

No C 248/6 Official Journal of the European Communities 4.10. 86

2. Article 5 (2) (e) is replaced by the following:

'(e) in the case of sparkling wine originating in a third country:

— "sparkling wine"

or

— "quality sparkling wine" or "Sekt", where the conditions laid down for the
production of such wine have been recognized as equivalent to those set out in Title
III of Regulation (EEC) No 358/79.

For such sparkling wines the sales description shall be accompanied by a reference
to the third country in which the grapes used were harvested, fermented and made
into sparkling wine. Where the products used to produce the sparkling wine were
obtained in a country other than that in which production took place, the indication
of the country of production pursuant to Article 3 (3) must stand out clearly from
all the indications shown on the labelling.'

3. The third subparagraph of Article 5 (3) is replaced by the following:

'Notwithstanding Article 3 (1) (c), for quality sparkling wines of the aromatic type and for
quality sparkling wines of the aromatic type produced in specified regions as referred to in
Article 18 of Regulation (EEC) No 358/79, indication of the type of product as referred to
in the first subparagraph may be replaced by indication of the residual sugar content
determined by analysis in grams per litre.'

_Article 2_

This Regulation shall enter into force on the third 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.