CELEX: 31973R2236
Language: en
Date: 1973-08-16
Title: Regulation (EEC) No 2236/73 of the Commission of 16 August 1973 prescribing certain rules for the tests to be carried out on wines which prima facie satisfy the requirements for designation as 'quality wines produced in specified regions'

No L 229 / 26                            Official Journal of the European Communities                                17 . 8 . 73
                              REGULATION (EEC) No 2236/73 OF THE COMMISSION
                                                        of 16 August 1973
                  prescribing certain rules for the tests to be carried out on wines which prima
                  facie satisfy the requirements for designation as 'quality wines produced in speci­
                                                           fied regions
THE COMMISSION OF THE EUROPEAN                                       out organoleptic tests for the quality wine psr
COMMUNITIES,                                                         produced in its territory. These tests shall be carried
                                                                     out on those wines in respect of which the results of
Having regard to the Treaty establishing the European                analytical tests are within the upper and lower limits
Economic Community ;                                                 referred to in the second subparagraph of Article 1 1
                                                                     ( 1 ) (a) of Regulation (EEC) No 817/70 .
Having regard to Council Regulation (EEC) No
8 1 7/70 ( x ) of 28 April 1970, laying down special provi­          2. When setting up inspection boards, Member
sions relating to quality wines produced in specified                States shall ensure that all interested parties are repre­
regions, as last amended by Regulation (EEC) No                      sented thereon .
2680/72 (2), and in particular Articles 11 (4) and 16
thereof ;
                                                                     3 . Member States shall take the necessary measures
Whereas, pursuant to Article 11 ( 1 ) of Regulation                  to provide for re-testing whenever any decision of an
(EEC) No 817/70, producer Member States must carry                   inspection board is contested by the maker of the
out an organoleptic test and must determine for each                 quality wine psr concerned, or by the authorities
quality wine psr produced on their territory the upper               responsible for carrying out controls.
and    lower      limits  for  the    characteristic  elements
assessed under anylytical test ;
                                                                                               Article 2
Whereas the task of comparing the results of tests
with the specifications prescribed, and of carrying out
organoleptic tests, should be entrusted to inspection                In accordance with the provisions of Article 1 1 (2) of
boards ;                                                             Regulation (EEC) No 817/70, until the Council has
                                                                     adopted the appropriate provisions Member States
Whereas, since winemakers might contest the deci­                    who carry out analytical and organoleptic tests by
sions of the boards, provision should be made for                    sampling shall ensure that the wines tested are repre­
re-testing ;                                                         sentative of all the quality wines psr held by the
                                                                     producer concerned . Sampling must be so organized
Whereas provision should be made as to the designa­                   that the production of each producer concerned is
tion of wines suitable for yielding quality wines psr                 tested at least once every three years.
that are not accepted as quality wines psr by the board
concerned ;
                                                                                               Article 3
Whereas the Commission should be informed of the
                                                                     Without prejudice to the other conditions laid down
measures taken by the Member States and of the
                                                                      in respect of the quality wine psr in question , a tested
manner in which they are applied ;
                                                                     wine may be designated a quality wine psr only if the
                                                                      results of the analytical tests in respect of the
Whereas the measures provided for in this Regulation
                                                                      elements are found to be within the upper and lower
are in accordance with the Opinion of the Manage­
ment Committee for Wine ;
                                                                      limits prescribed.
                                                                                               Article 4
 HAS ADOPTED THIS REGULATION :
                                                                      No wine can be a quality wine psr if the results of the
                             Article I ■                              organoleptic test show that it is not suitable for
                                                                      yielding a quality wine psr. In such a case, if the wine
 1.    Each producer Member State shall set up one or                 is of sound, fair and marketable quality and provided
 more inspection boards, to be responsible for carrying               that any enrichment that it has undergone has been
                                                                      carried out in accordance with Article 19 (6) of Regula­
(') OJ No L 99 , 5 . 5 . 1970 , p . 20 .                              tion ( EEC) No 816/70 , it shall be considered to be a
(-') OJ No L 289 , 27 . 12 . 1972 , p . 1 .                           table wine .
 ---pagebreak--- 17. 8 . 73                        Official Journal of the European Communities                        No L 229/27
                        Article 5                                                    Article 6
The Member States shall within six months draw up
and communicate to the Commission lists setting out
the elements to be assessed and the upper and lower          This Regulation shall enter into force on the third day
limits in respect of those elements. Any amendments          following its publication in the Official Journal of
to such lists shall be communicated within a period of       the European Communities. It shall be applicable
three months .                                               from 1 September 1973 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 16 August 1973 .
                                                                      For the Commission
                                                                          The President
                                                                     Francois-Xavier ORTOLI