CELEX: 51987PC0652
Language: en
Date: 1987-12-08
Title: Modification of proposal for a COUNCIL REGULATION (EEC) No on the preparation and marketing of liqueur wines produced in the Community (Submitted by the Commission pursuant to Article 149(3) of the EEC Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
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DOCUMENTS "COM"
COM (87) 652
Vol. 1987/0307
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                            COM(87 ) 652  final .
                                                         Brussels , 8 december 1987
                           Modification of proposai for a
                             COUNCIL REGULATION ( EEC ) No
             on the preparation and marketing of liqueur wines produced
                                   in the Community
^ Submitted                by the Commission pursuant to Article 149 (^) of the
  EEC Treaty )
                                                     09 10
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                                                                ( PVIN-20^0 )
                              EXPLANATORY MEMORANDUM
In March 1987 the Commission proposed a Regulation on the preparation and
marketing of liqueur wines produced in the Community .
The Economic and Social Committee examined the text and delivered its opinion .
In October 1987 the European Parliament delivered its opinion , proposing
certain amendments some of which were accepted by the Commission .
This text is the original proposal amended on the basis of the opinion of the
Parliament .
The following changes have been made :
-   the original text was reorganized in particular in order no longer to
    distinguish products used according to the stage of utilization on
    preparation of the liqueur wine ,
    technical adaptations were introduced to take account on the one hand of
    traditional practices applying in certain Member States and on the other
    hand of the Commission 's guidelines concerning administrative
    simplification and consumer protection .
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                                                     Brussels , 12 November 1987
                                        Proposai for a
                                 COUNCIL REGULATION ( EEC ) No
                    on the preparation and marketing of liqueur wines
                                  produced in the Community
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article A3 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas at present there are no Community provisions governing the conditions
under which liqueur wines are prepared and marketed ; whereas , in view of the
economic importance of such products , common provisions need to be adopted in
this area in order to enhance the operation of the wine market as a whole ;
Whereas Council Regulation ( EEC ) No 822/ 87 ( 1 ) as last amended by Regulation
( EEC ) No 3146 / 67 ( 2 ) establishes the common organization of the market in wine
and Council Regulation ( EEC ) No 823 /87 ( 3 ) lays down special provisions
relating to quality wines produced in specified regions ; whereas those rules
should be supplemented by adopting corresponding provisions for all liqueur
wines produced in the Community ;
Whereas liqueur wines should be made subject to a system of rules governing
production , preparation , marketing and controls , together with common rules ,
which , while maintaining quality distinctions , enables distortions of
competition to be avoided , the free circulation of such products to be
facilitated and the consumer to be protected ;
( 1 ) OJ No L 84 , 27 . 3.1987 , p. 1 .
( 2 ) OJ No L 84 , 27 . 3.1987 , p. 59 .
( 3 ) OJ No L 300 , 23.10.1987 , p. A.                                               B
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                                         - 2 -
Whereas such a measure will help to guide the consumer in his choice by
providing him in particular with the assurance that each product presented
meets specific quality requirements ; whereas it is thereby likely to protect
the interests of the producer , to encourage intra-Community trade , to increase
demand and therefore to ensure the increased disposal of wine ;
Whereas , in order to avoid the use of sucrose in the sweetening of liqueur
wines , the use of rectified concentrated grape must should be permitted in
addition to that of concentrated grape must ;
Whereas all liqueur wines and the products used in their preparation must be
made subject to minimum quality requirements ; whereas provision should
accordingly be made for their minimum characteristics ;
Whereas the preparation of certain quality liqueur wines produced in specified
regions ( quality liqueur wines psr ) calls for a special process of ageing
" sous voile "; whereas it should accordingly be defined ;
Whereas additional provisions should also be laid down on the analytical
characteristics of the products used for the preparation of liqueur wines , in
particular where neutral spirits of vinous origin or wine distillate is
employed ;
Whereas the process of preparing liqueur wines requires operators to keep a
wide range of raw materials and in particular of spirits which may be used in
particular for the manufacture of artificial wine ; whereas provision should
consequently be made for better controls on such activity and in particular ,
in order to avoid such manufacture , for a declaration of such activity to be
required ;
Whereas , with a view  to preserving the typical character of the origin of each
quality liqueur wine   psr and to facilitating the task of control bodies , the
Member States should   be permitted , within the limits laid down by this
Regulation , to adopt  production , preparation and movement disciplines
supplementing Community rules ,
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                                          - 3 -
Whereas , in view of the traditional practices contributing towards the
reputation of port quality liqueur wine psr , the geographical ascription in
question should be recognized by way of a derogation , in respect of that
designation only , as covering a different delimited area from that where the
raw materials used were produced ,
HAS ADOPTED THIS REGULATION :
                                        Article 1
This Regulation lays down rules for the preparation and marketing of liqueur
wines as defined in point 14 of Annex I to Regulation ( EEC ) No 822/87 .
    "Quality liqueur wines produced in specified regions " means wines which
    meet the conditions listed in point 14 of Annex I to Regulation ( EEC )
    No 822 / 87 for liqueur wines and may also be considered to be quality wines
    produced in specified regions in accordance with Regulation ( EEC )
    No 823 / 87 of 16 March 1987 .
                                        TITLE   I
                                   General provisions
                                        Article 2
The descriptions " liqueur wine " and "quality liqueur wine produced in a
specified region" or " quality liqueur wine psr " shall be used only for the
products referred to in Article 1 .
                                        Article 3
For the preparation of the products referred to in Article 1 , the following
raw materials may be used :
1.  - grape must ;
    - grape must in fermentation , and
    - wine .
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                                    - A -
 In addition :
 (a ) in the case of liqueur wines :
      -  added alcohol , i.e.
         .  alcohol with an alcoholic strength greater than or equal to
            95 % vol , obtained from neutral spirits of vinous origin
            including spirits obtained from the distillation of dried
            grapes ;
         .  wine distillate with an alcoholic strength greater than or
            equal to 52 % vol , and less than or equal to 80 % vol ;
      -  concentrated grape must , and
      -  a mixture of the products referred to in the two preceding indents ;
(b )  in the case of quality liqueur wines psr :
      -  grape must in fermentation obtained from raisined grapes ;
      -  concentrated must obtained by the action of direct heat , meeting ,
         with the exception of this operation , the definition of
         concentrated grape must , and
      -  the products referred to under ( a ) with the exception , for certain
         red quality liqueur wines psr to be determined , of wine distillate
         the alcoholic strength by volume of which must be greater than or
         equal to 70 % vol ;
"ageing "sous voile "" means the process of biological ageing in contact
with the air involving the development of a film of typical yeasts at the
free surface of the wine after total alcoholic fermentation of the must .
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                                          - 5 -
                                        Article 4
The products used for the preparation of liqueur wines must :
- comply with the definitions in Annex I to Regulation ( EEC ) No 82 / 87 and be
     obtained from specific vine varieties selected from those listed in
     Article 69 of the abovementioned Regulation ;
- have undergone , where appropriate , only the oenological practices referred
     to in Title II of and in Annex VI to Regulation ( EEC ) No 822 / 87
     However , with the exception of freezing and the addition of the products
     listed in Article 3(2 ), all enrichment operations including those involving
     fresh grapes shall be prohibited .
-    in the case of neutral spirits of vinous origin or wine distillate , comply
     with the definitions in Annexes I and II to this Regulation .
-    in the case of concentrated grape must and rectified concentrated grape
     must and grape must in fermentation obtained from raisined grapes , have
     undergone , where appropriate , only the oenological practices referred to in
     Annex VI to Regulation ( EEC ) No 822 / 87 .
                                        Article 5
Without prejudice to any more restrictive provisions which the Member States
may adopt for liqueur wines prepared within their territory , such products
shall be authorized to undergo the oenological practices referred to in Annex
VI to Regulation ( EEC ) No 822 / 87
In addition , sweetening using concentrated grape must or rectified
concentrated grape must shall be authorized provided that the increase in the
total alcoholic strength by volume of the liqueur wine in question is not
increased by more than 2 % vol and that operation is the subject of a
declaration as provided for in Article 2 of Commission Regulation ( EEC )
No 1618 / 70 ( 3 ).
( 3 ) 0J No L 300 , 23.10.1987 , p. 4 .
                                                                                   T­
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                                            - 6 -
Lastly , sulphating by adding calcium sulphate is also authorized for vino
generoso where it is a traditional practice .
                                         Article 6
All producers of liqueur wines as referred to in Article 1 shall be required
to make a declaration of such activity .
Without prejudice to Article 71 of Regulation ( EEC ) No 822 / 87 , all producers
of liqueur wine shall be required to keep goods inwards and stock utilization
registers for the use of products listed in Article 3 .
                                         Article 7
Without prejudice to provisions adopted pursuant to Article 72 ( 1 ) of
Regulation ( EEC ) No 822 / 87 , liqueur wine may only be released to the market in
containers bearing a market label on dispatch from the place of preparation ,
indicating the description of the product together , where applicable , with the
name of the specified region , and under cover of commercial or official
documents accompanying such products and indicating the same particulars . The
composition of the product must be indicated on the marks or labels .
                                          TITLE II
                                Provisions on liqueur wines
                                         Article 8
The list of vine varieties selected among those referred to in Article 69 of
Regulation ( EEC ) No 822/ 87 shall be adopted in accordance with the procedure
laid down in Article         of this Regulation .
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                                           7
                                       Article 9
  The natural alcoholic strength by volume of the basic products used for the
  preparation of liqueur wines may not be less than 12 % vol .
                                      Article 10
  Without prejudice to any more restrictive provisions which the Member States
  may adopt where liqueur wines are prepared within their territory , the total
  sulphur dioxide content of the latter may not exceed 200 mg / 1 when they are
  released to the market for direct human consumption .
I
                                       TITLE III
           Provisions on quality liqueur wines produced in specified regions
                                      Article 11
  The operations referred to in Article U for the preparation of quality liqueur
  wines psr may be performed only within the specified region’ where the basic
  products are produced and , where applicable , the concentrated grape must or
  the grape must in fermentation obtained from raisined grapes from recognized
  vine varieties suitable for the preparation of quality liqueur wines psr in
  the specified region whose name they bear .
  However , for the quality liqueur wine designated port , the area of preparation
  may not necessarily be the same as the area of production .
                                                                                   3
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                                      Article 12
Without prejudice to any more restrictive provisions which the Member States
may apply as regards :
(a)  the products used within their territory for the preparation of quality
     liqueur wines psr , with the exception of quality liqueur wines psr on the
     list provided for in the third subparagraph of point 14 of Annex I to
     Regulation ( EEC ) No 822 /87 and the quality liqueur wines psr referred to
     in point 1(a ) and ( c ) of the abovementioned Annex , the natural alcoholic
     strength by volume of grape must , grape must in fermentation and wine may
     not be less than 12 % vol ;
(b ) quality liqueur wines psr :
     - the actual alcoholic strength by volume may not be less than 15 % vol
        nor higher than 22 % vol ;
     - the total alcoholic strength by volume may not be less than 17,5 % vol .
        However , the minimum total overall alcoholic strength by volume may be
        50 % vol for certain quality liqueur wines psr on a list adopted in
        accordance with the procedure laid down in Article 83 of Regulation
        ( EEC ) No 822/ 87 where national laws applicable thereto before
        1 January 1985 expressly so provide .
                                      Article 13
Without prejudice to any more restrictive provisions with the Member States
may apply to quality liqueur wines psr prepared within their territory , the
total sulphur dioxide content of such products may not exceed 100 mg/ 1 when
they are released to the market for direct human consumption .
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                                         - 9 -
                                      Article 14
Quality liqueur wines psr referred to as "vino dulce natural " may be obtained
only from basic products 90 % of which are produced from vine varieties listed
in Annex III , with a natural alcoholic strength by volume higher than or equal
to 14 % vol .
                                      Article 15
Quality liqueur wines psr referred to as "vino generoso " may be obtained only
from white grapes , aged " sous voile ", produced from vine varieties listed in
Annex III and released to the market after they have been kept for an average
of two years in oak barrels .
                                     Article 16
Quality wines psr referred to as "vino generoso de licor " may be obtained only
from vino generoso to which grape must in fermentation obtained from raisined
grapes or concentrated grape must has been added and which has been released
to the market after it has been kept at least two years in oak barrels .
                                     Article 17
In addition to the provisions provided for in this Regulation , the producer
Member States may lay down , taking into account fair and traditional
practices , any additional or stricter characteristics or conditions governing
production , preparation , ageing and release to the market , for liqueur wines
produced in specified regions as referred to in this Title and prepared within
their territory .
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                                     TITLE IV
                                 Final provisions
                                    Article 18
1.  The methods of analysis required for the application of this Regulation
    shall be those adopted pursuant to Regulation ( EEC ) No 822 / 87 .
2.  However , where no Community analysis methods are laid down , the analysis
    methods applicable shall be :
    (a ) those set out in Annex A to the International Convention for the
         Unification of Methods for the Analysis and Appraisal of w'ines of
         13 October 1954 ;
    (b ) or , where that Annex makes no such provision , methods scientifically
         recognized .
                                    Article 19
The Member States and the Commission shall notify each other of the
information required for the application of this Regulation .
                                    Article 20
Liqueur wines whose conditions of preparation or certain analytical
characteristics of which do not comply with the provisions of this Regulation
but are in accordance with the national laws previously in force may be held
with a view to sale , released to the market and exported until stocks are
exhausted .
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                                        11
                                    Article 21
The detailed rules for the application of this Regulation and in particular
those relating to Articles 6 , 8 and 12 shall be adopted in accordance with the
procedure laid down in Article 83 of Regulation ( EEC ) No 822/ 87 .
                                    Article 22
This Regulation shall enter into force on 1 January 1988 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at                                           For the Council
                                                  The Presidént
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                                       - 12 -
                                      ANNEX I
           CHARACTERISTICS  OF   NEUTRAL    SPIRITS  OF   VINOUS ORIGIN
                        AS  REFERRED    TO   IN  ARTICLE 4
1. Organoleptic characteristics                       Absence of unpleasant taste
2. Total alcoholic strength by volume                  96 % vol
3. Maximum residues
   -  total acidity
      expressed as acetic acid g /hl
      alcohol at 100 % vol                              1,5
   -  esters
      expressed as ethyl acetate g / 1
      alcohol at 100 % vol                              1,3
   -  aldéhydes
      expressed as acetaldehyde g / 1
      alcohol at 100 % vol                              0,5
   -  higher alcohols
      expressed as methyl-2 propanol-1 g /hl
      at 100 % vol                                      0,5
   - methanol g /hl alcohol at 100 % vol               50
   - dry extract g /hl alcohol at 100 % vol             1,5
   -  volatile nitrogenous bases
      expressed as nitrogen g /hl
      alcohol at 100 % vol                              0,1
      furfural                                         not détectable .
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                                        13
                                    ANNEX  II
    CHARACTERISTICS  OF  WINE   DISTILLATE   AS REFERRED   TO   IN   ARTICLE 4
1. Organoleptic characteristics                    absence of unpleasant taste
2. Minimum alcoholic strength by volume            52 % voi
   Maximum alcoholic strength by volume            80 % vol
3. Content of total volatile substances            more than 200 g / hl
   other than ethyl and methyl alcohol             alcohol at 100 % voi
4. Maximum methyl alcohol content                  1 000 g / hl alcohol at
                                                   100 7o voi
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                                        14 -
                                    ANNEX III
          LIST  0F  VINE  VARIETIES  AS    REFERRED TO IN  ARTICLE    14
Muscat - Grenache - Maccabeo - Malvoisie .
          LIST  OF  VINE  VARIETIES  AS    REFERRED TO IN  ARTICLE    15
Palomino de Jerez - Palomino fino - Pedro Ximenez - Verdejo - Zalema and
Garrido Fino