CELEX: 51987PC0642
Language: en
Date: 1987-12-11
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 823/87 laying down special provisions relating to quality wines produced in specified regions#Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 358/79 on sparkling wines produced in the Community as defined in point 15 of Annex I to Regulation (EEC) No 822/87#Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 3309/85 laying down general rules for the description and presentation of sparkling wines and aerated wines#(presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 642
Vol. 1987/0304
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(87 ) 642 final
                                                         Brussels , 11 December 1987
                                   Proposal for a
                              COUNCIL REGULATION ( EEC )
 amending Regulation ( EEC ) No 823 /87 laying down special provisions relating
                 to quality wines produced in specified regions
                                   Proposal for a
                              COUNCIL REGULATION ( EEC )
    amending Regulation ( EEC ) No 358 / 79 on sparkling wines produced in the
        Community as defined in point 15 of Annex I to Regulation ( EEC )
                                      No 822 / 87
                                   Proposal for a
                              COUNCIL REGULATION ( EEC )
    amending Regulation ( EEC ) No 3309 / 85 laying down general rules for the
       description and presentation of sparkling wines and aerated wines
                                                           A       ^
                          (presented by /^^Commission)
                          ( presented by /the Commission) espion )
                                          pi 00 44 JMi    m. à® ||jp-
                                                                       v
C0M(87 ) 642 final
                                                        gof 90
 ---pagebreak---                             EXPLANATORY MEMORANDUM
Amendments to Régulation ( EEC ) No 823 / 87 (= Régulation ( EEC ) No 338 / 79 )
Experience gained from applying Regulation ( EEC ) No 823 / 79 laying down
special provisions relating to quality wines produced in specified regions
has shown the need to emphasize the horizontal nature of the said
Regulation , which applies to all categories of quality wine produced in
specified regions of the Community , but also , for the sake of the
methodical organization of Community legislation , to remove from the
Regulation the detailed technical provisions which would be more
appropriately included in the special Regulations dealing with these
matters which already exist or which have yet to be adopted .
The changing pattern of trade both within the Community and with
non-member countries , in particular after enlargement , has made it
necessary for the Community to adopt an unequivocal position on the
protection of the geographical appellations used in the description of
quality wines . The Community 's position is in line with the Lisbon
Agreement of 31 October 1958 for the Protection of Appellations of Origin
and their International Registration and with Resolution No 7 of the 61st
General Assembly of the International Vine and Wine Office held on
4 September 1981 in Vienna .
The judgments given by the Court of Justice of the European Communities in
Cases No 116 / 82 ( production of quality wines outside specified regions )
and No 48 / 85 ( enrichment of wine by the addition of rectified grape must
concentrate ) have shown the need for greater precision in the relevant
provisions . The location of a vineyard and the annual weather conditions
affecting it , and wine-growing techniques including in particular the
oenological practices and processes used immediately after the grape
harvest , determine to a large extent the characteristics of a quality
wine ; for this reason , and to reduce the risk of adulteration when raw
materials change hands , it should be laid down that grapes and grape must
may be processed into quality wine only within or in the immediate
vicinity of a specified wine-growing region , the name of which should be
stated . It should also be made clear that , within certain specified
regions where Member States have authorized the alcoholic strength of
quality wines produced in specified regions to be increased , winemakers
may choose to use any one of the enrichment processes provided for in
Community legislation , including the use of rectified concentrated must .
If certain yields per hectare of grapes and grape must are exceeded , there
is a risk that the quality of the wines produced will be considerably
diminished and there may also be severe disruption in the marketing of
such wine and an alteration in the competitiveness of quality wines
produced in other specified regions .
 ---pagebreak---                                                                                    У
                                           - 2 -
     Member States' obligations as regards fixing yields per hectare for the
     production of quality wines and introducing measures to be taken if such
     yields per hectare are exceeded should , therefore , be laid down more
     clearly . In particular , their obligation to determine the legal
     consequences of exceeding such yields should be made clear .
     In order that the quantities of wine of different categories on the market
     or held by producers may be known more exactly , more precise rules should
     be drawn up for reclassifying quality wines psr as table wines and
     concerning the non-classification of products usually intended for
     processing into quality wines psr as quality wines psr .
     Since it is forwarding this proposed Regulation to the Council , the
     Commission withdraws its proposed Regulation amending Article 6(2 ) of
     Regulation ( EEC ) No 338 / 79 which was the subject of document C0M(8l ) 247
     final of 20 May 1981 .
II . Amendments to Régulation ( EEC ) No 358 / 79
     As outlined above , some major amendments have proved necessary to
     Regulation ( EEC ) No 823 / 87 . Among these amendments it is proposed that
     the technical provisions relating in particular to the production and
     marketing of quality sparkling wines produced in specified regions should
     be deleted . Accordingly , those technical provisions must be transferred
     to Regulation ( EEC ) No 358 / 79 which lays down general rules for the
     production of sparkling wines and to Regulation ( EEC ) No 3309 / 85 which
     concerns the description and presentation of such wines .     This proposal
     for a Regulation transfers the technical provisions to Regulation ( EEC )
     No 358 / 79 .
     The judgment given by the Court of Justice of the European Communities in
     Case No 48 / 85 should also be accommodated by providing for the use of
     rectified concentrated grape must in the production of sparkling wines .
 ---pagebreak---                                             - 3 -
 III . Amendments to Régulation ( EEC ) No 3309 / 85
       The proposal to revise Regulation ( EEC ) No 823 / 87 entails amendments to
       Regulation ( EEC ) No 3309 / 85 laying down general rules for the description
       and presentation of sparkling wines and aerated sparkling wines . In
       particular , the increased protection for registered designations of
       origin has implications for the description of sparkling wines . This
       makes it necessary to lay down rules for the use of the terms " cremant "
       and " cava " in describing certain sparkling wines . The expression "Metodo
       classico " should also be protected so as to prevent abuses .
       In addition , the deletion from Regulation ( EEC ) No 823 / 87 of the
       technical provisions relating to the description and presentation of
       quality sparkling wines produced in specified regions entails
       transferring those provisions to Regulation ( EEC ) No 3309 / 85 .
General comment
The adoption by the Council of the three Regulations mentioned above has no
financial implications for the Community budget .
 ---pagebreak---                                            Proposal for a
                                   COUNCIL REGULATION ( EEC )
                             amending Regulation ( EEC ) No 823 / 87
                laying down special provisions relating to quality wines
                                 produced in specified regions
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 ( 1 ),
Having regard to the opinion of the European Parliament ( 2 ),
Having regard to the opinion of the Economic and Social Committee ( 3 ),
Whereas experience gained from applying Council Regulation ( EEC ) No 823 / 87 ( 4 )
has shown the need to emphasize the horizontal nature of the
said Regulation , which applies to all categories of quality wine produced in
specified regions of the Community , hereinafter called "quality wines psr ",
but also , for the sake of a more methodical presentation of Community wine
legislation , to remove from the Regulation the detailed technical provisions
which would be more appropriately included in the special Regulations dealing
with these matters which already exist or which have yet to be adopted ;
whereas in this connection it should be stressed that the provisions of that
Regulation apply to all quality wines psr , including sparkling , semi-sparkling
and liqueur wines ; whereas the detailed provisions , which apply only to
quality sparkling wines produced in specified regions , should be transferred
to Counc i l Regulati on ( EEC ) No 358 / 79 of 5 February 1979 on spark ling wi nes produced
in the Community as defined in point 15 of Annex I to Regulation ( EEC )
No 822 / 87 ( 5 ), as last amended by Regulation ( EEC ) No ..../.. ( 6 );
( 1 ) OJ No
( 2 ) OJ No
( 3 ) OJ No
( 4 ) OJ No L    84 , 27 . 3.1987 , p. 59 .
( 5 ) OJ No L 54 ,     5 . 3.1979 , p.130 .
( 6 ) OJ No L    ...
 ---pagebreak---                                          - 2 -
Whereas Regulation ( EEC ) No 823 /87 includes provisions the purpose of which is
to guide Member States in drawing up national rules on quality wines produced
in specified regions ; whereas such wines are subject to natural and human
factors affecting the production and processing of grapes in their
geographical region of origin ; whereas this region should , however , be clearly
defined and the name of the region should be used only for wines made from
grapes which have been harvested and processed therein ;
Whereas this approach corresponds to the international obligations of several
Member States to protect appellations of origin and to state the geographical
origin of wines , as laid down in the Lisbon Agreement of 31 October 1958 for
the Protection of Appellations of Origin and their International Registration ;
Whereas , as a result of traditional practice in accordance with French and
Portuguese legislation , the terms "Muscadet " and "vinho verde " have become
equivalent to a geographical name used to designate a quality wine psr ;
whereas Spain demarcated before its accession to the Community took effect the
region in which the traditional production of the quality sparkling wine
marketed under the name " cava " is located ;  whereas there should be an
exception   for these three quality wines psr from the principle that the
specified region from which they are obtained must be designated by its
geographical name and these regions should be allowed to be designated by
another name ; whereas difficult situations are thus avoided for these quality
wines psr by permitting them to retain their traditional and customary
designation in accordance with the national provisions hitherto prevailing ;
Whereas the location of a vineyard and the annual weather conditions affecting
it , and wine-growing techniques including in particular the oenological
practices and processes used immediately after the grape harvest , determine to
a large extent the characteristics of a quality wine ; whereas , for this
reason , and to reduce the risk of adulteration when raw materials change
hands , it should be laid down that grapes and grape must may be processed into
quality wine only within or in the immediate vicinity of a specified
wine-growing region , the name of which should be stated ;
 ---pagebreak---                                                                                     î
                                           - 3 -
Whereas , in order to protect the holdings concerned from losses resulting from
a break with traditional commercial practices , it seems appropriate that
Member States should be granted the option of authorizing , for a transitional
period , the processing of grapes and grape must into quality wine outside
specified regions ; whereas , for technical reasons , it should also be provided
that Member States may authorize the addition of dark red wine from other
regions to quality red wines produced in specified regions in order to correct
the colour of such wines which , in some years , is insufficiently dark ;
Whereas it should be stated that , in certain specified regions where Member
States have authorized the alcoholic strength of quality wines produced in
specified regions to be increased , winemakers may choose to use any one of
the enrichment processes referred to in Article 19(1 ) of Council Regulation
( EEC ) No 822 /87 ( 6 ), as last amended by Regulation ( EEC ) No 3146 / 87 ( 7 );
whereas , this choice is , however , subject to the condition that sucrose may be
used , after authorization by the Member State , only in the specified regions
in which it is used traditionally or exceptionally in accordance with the
legislation existing prior to 8 May 1970 ;       whereas in order to prevent
negative effects on the quality of wines which undergo enrichment the use of
rectified concentrated grape must should be encouraged and the use of
concentrated grape must should be prohibited after a transitional period ;
Whereas , generally speaking , excessive yields of grapes or must per hectare mean
that the quality of the quality wines produced in specified regions and
obtained from those grapes and grape musts will be considerably diminished ;
whereas this may also result in severe disruption in the marketing of such
wine and an alteration in the competitiveness of quality wines produced in
other specified regions and even of table wines ; whereas the Member States'
obligations as regards fixing yields per hectare for the production of quality
wines and introducing measures to be taken if such yields per hectare are
exceeded , and in particular as regards determining the legal consequences of
exceeding such yields , should therefore be laid down more clearly ; whereas in
this connection the aim should be to maintain sales , in a climate of fair and
reciprocal competition , of the quality wines produced in specified regions in
question and , in the long term , to keep producers' incomes as stable as
possible ;
( 6 ) OJ No L 84 , 27.3.1987 , p. 1 .
 ( 7 ) OJ No L 300 , 23.10.1987 , p. 4 .
 ---pagebreak--- Whereas , with a view to subsequent developments in Community legislation on
liqueur wines , it appears advisable to include in Regulation ( EEC ) No 823 / 87
certain specific terms traditionally applied to quality liqueur wines produced
in specified regions ;
Whereas experience has shown the need to draw up more precise rules for
reclassifying quality wines psr as table wines and concerning the
non-classification of products usually intended for processing into quality
wines psr as quality wines psr ;
Whereas in order to permit manufacturers of sparkling wines in Spain who are
outside the specified region "cava " but who have legally used that term until
now to adjust gradually to the above-mentioned rules there should be a
derogation therefrom for a transitional period ,
HAS ADOPTED THIS REGULATION :
                                        Article 1
Regulation ( EEC ) No 823 / 87 is hereby amended as follows :
1 . Article 1 is replaced by the following :
                                       "Article 1
    1 . This Regulation lays down special provisions for quality wines produced
        in specified regions and for products suitable for yielding such wine .
        "Quality wines psr " shall mean wines which satisfy the provisions of
        this Regulation and the national rules adopted pursuant thereto .
        The category " quality wines psr " shall include :
        - " quality sparkling wines produced in specified regions ", hereinafter
          called " quality sparkling wines psr ", which comply with the definition
          in point 15 of Annex I of Regulation ( EEC ) No 822 / 87 ;
 ---pagebreak---          - " quality semi-sparkling wines produced in specified regions ",
            hereinafter called "quality semi-sparkling wines psr ", which comply
            with the definition in point 17 of Annex I to Regulation ( EEC )
            No 822 / 87 , and
         - " quality liqueur wines produced in specified regions ", hereinafter
            called " quality liqueur wines psr ", which comply with the definition
            in point 14 of Annex I to Regulation ( EEC ) No 822 / 87 .
     2 . The Member States shall forward to the Commission the list of quality
         wines psr which they have recognized , stating the yields per hectare
         fixed for each of these quality wines psr pursuant to Article 11 . The
         Commission shall have this List published in the C series of
         the Official Journal of the European Communities ."
2 . Article 3(1 ) is replaced by the following :
   " 1 . " Specified region " shall mean a geographical area or a combination of
         winegrowing areas which produces wines with particular quality
         characteristics and whose name is used to designate those of such wines
         which are defined in Article 1 .   The specified region shall be
         designated by its geographical name .
         However , the terms "Muscadet ", "vinho verde " and " cava " may be used to
         designate the specified region for which they were used on 1 March 1986
         in accordance with the legislation of the Member State concerned ."
3 . The second subparagraph of Article 4(1 ) is deleted .
4 . Article 6 is replaced by the following :
                                        "Article 6
     1 . Quality wines psr may be produced only :
         - from grapes of vine varieties which appear on the list provided for in
            Article 4(1 ) and are harvested within the specified region ;
 ---pagebreak---                                                                                   Il
                                          - 6 -
    - by processing grapes as referred to in the first indent into grape
        must and processing the must thus obtained within the specified region
        where the grapes were harvested or in immediate proximity to that
        region .
    Member States may , however , in individual cases and subject to
    systematic control , authorize a quality wine psr to be produced ;
    ( a ) from grapes of vine varieties referred to in the second subparagraph
            of Article 4(3 );
    ( b ) in the case of a traditional practice ,
            ( i ) in use at least since 1 September 1970 , outside the specified
                  region and an area in immediate priximity thereto ,
          ( ii ) during a transitional period ending on 31 August 1992 , outside
                  the specified region and an area in immediate proximity thereto
                  in cases not covered by ( i ) above ,
        ( iii ) by blending a wine originating in the specified region whose
                  name is used for the designation with another wine which does
                  not originate in that region , provided that :
                  - at least 95% of the quality wine psr concerned is obtained
                    from grapes harvested within the specified region whose name
                    it bears ,
                  - at least 85% of the quality wine psr concerned is obtained
                    from grapes harvested within the specified region whose name
                    it bears and the wine concerned appears on a list to be drawn
                    up .
2 . Any natural or legal person or group of persons who has grapes or musts
    which satisfy the conditions laid down for obtaining quality wines psr
    and other grapes or musts shall ensure a separate wine-making process
    and storage for the former ; otherwise , the wine obtained cannot be
    considered as quality wine psr .
 ---pagebreak---     3 . Detailed rules for the application of this Article shall be adopted in
        accordance with the procedure laid down in Article 83 of Regulation
         ( EEC ) No 822 / 87 .
        They shall include in particular :
        - the definition of areas in immediate proximity to a specified region ;
        - the list of quality wines psr which may be produced according to the
            traditional practices referred to in the second indent of
            paragraph l(b)(iii )."
5 . The following subparagraph is added to Article 7(1 ) :
    " Pursuant to the first subparagraph , the natural alcoholic strength by
    volume may be fixed at different levels for the same quality wine psr
    depending on :
    - the sub-region , local administrative area or part thereof , and
    - the vine variety or varieties
    from which the grapes used are obtained ."
6 . Article 8 is replaced by the following :
                                       "Article 8
    1 . The specific vinification and manufacturing methods used for obtaining
        quality wines psr shall be laid down for each of those wines by each
        producer Member State concerned .
    2 . Where weather conditions have made it necessary in one of the
        wine-growing zones referred to in Article 7 , the Member States concerned
        may permit an increase in the ( actual or potential ) natural alcoholic
        strength by volume of fresh grapes , grape must , grape must in
        fermentation , new wine still in fermentation and wine suitable for
        yielding table wine with the exception of products intended for
        processing into quality liqueur wine psr .
        The increase may not exceed the limits laid down in the third
        subparagraph of Article 18(1 ) of Regulation ( EEC ) No 822 / 87 .
 ---pagebreak---                                                                                        <3
                                           - 8 -
         In years when weather conditions have been exceptionally unfavourable ,
         the increase in alcoholic strength provided for in the first
         subparagraph may , in accordance with the procedure laid down in
         Article 83 of Regulation ( EEC ) No 822 / 87 , attain the limits laid down in
         Article 18(2 ) of that Regulation . Such authorization shall not
         prejudice the possibility of a similar authorization for table wines as
         provided for in that Article .
         The increase in natural alcoholic strength by volume may be effected
         only in accordance with the methods and conditions mentioned in
         Article 19 of Regulation ( EEC ) No 822 /87 , excepting paragraph 6
         thereof . The use of concentrated grape must to increase the natural
         alcoholic strength by volume in the manufacture of a quality wine psr
         shall be permitted only until 31 August 1989 .
    3 . The total alcoholic strength by volume of quality wines psr shall not be
         less than 9% vol . However , for certain white quality wines psr that
         have undergone no enrichment , the minimum total alcoholic strength shall
         be 8,5% vol .
    4 . A list of the quality wines psr referred to in the second sentence of
         paragraph 3 shall be drawn up in accordance with the procedure laid down
         in Article 83 of Regulation ( EEC ) No 822 / 87 ."
7 . Article 9 is amended as follows :
    ( a ) the second subparagraph of paragraph 1 is deleted ;
    (b ) the third indent of the first subparagraph of paragraph 2 is replaced
          by the following :
            using a rectified concentrated grape must or , so far as they are
            originated in the same specified region as the wine in question :
            = using a grape must or
            = during a transitional period ending on 31 August 1989 , using a
              concentrated grape must .
 ---pagebreak--- 8 . Article 11(2 ) is replaced by the following :
     " 2 . Use of the designation claimed shall be prohibited for the entire
            harvest if the yield fixed is exceeded .
            However , in years when weather conditions have been particularly
            favourable for production , the designation may be recognized by the
            competent authority appointed by the Member State concerned even when
            the yield fixed is exceeded , provided that :
            ( a ) the yield is not exceeded by more than 20% ;
            ( b ) the quantity which exceeds the yield fixed , increased where
                   appropriate by 20% or Less , does not receive Community or national
                   aid , and :
                   - half the quantity is stored for the entire duration of the wine
                     year , in which it cannot be marketed , with a view to its
                     recognition for the following wine year(s ), possibly after total
                     or partial blending with wines from the new harvest ;
                   - half the quantity distilled without official aid .
     3.     Detailed rules for the application of this Article shall be adopted in
            accordance with the procedure laid down in Article 83 of Regulation
            ( EEC ) No 822 / 87 ."
  9 . Article 12 is deleted .
10 . Article 13(3 ) is replaced by the following :
       "3 .     The analytical test provided for in paragraph 1 shall be performed in
                accordance with the methods referred to in Article 74 of Regulation
                ( EEC ) No 822 / 87 ."
11 . Article 14 is deleted .
 ---pagebreak--- 12 . Article 15 is amended as follows :
      ( a ) Paragraph 1 is replaced by the following :
            " 1 . The Community terms " quality wine psr ", " quality sparkling wine
                  psr ", " quality semi-sparkling wine psr " and " quality liqueur wine
                  psr " or any specific term traditionally authorized by the national
                  legislation of the producer Member State to designate particular
                  wines may be used only for wines , including sparkling wines ,
                  semi-sparkling wines and liqueur wines respectively , which comply
                  with the provisions of this Regulation and with the provisions
                  adopted pursuant thereto ."
     ( b ) In paragraph 2 :
            - in ( b ), the term "vin doux naturel " is added ;
            - in ( d ), "Marque nationale de vin luxembourgeoise " is replaced by the
                following :
                "marque nationale " followed by the words "Moselle luxembourgeoise
               appellation controlee ";
            - in ( e ), the terms " vi n doux nature L " and " OI'VOQ Y^UKUQ ipuaiKoq " are added
            - in ( f ), the terms "vino generoso " and "vino generoso de licor" are
               added .
     ( c ) Paragraphs 3 and 4 are replaced by the following :
            " 3 . If a Member State uses the name of a specified region as referred
                  to in Article 3 to designate a quality wine psr or a product
                  intended for processing into such a wine , the use of that name to
                  designate other products of the wine sector or similar products
                  not produced in that region shall not be authorized . This shall
                  also apply if a Member State has used the name of a local
                  administrative area or part thereof or a field name to designate a
                  quality wine psr or a product intended for processing into such a
 ---pagebreak---                                                                                   \ fe
                                          11
           Notwithstanding the first subparagraph , the word M Ka|3a " or "cava "
           may be used to designate Greek table wines and Greek quality wines
           psr other than sparkling wines , in order to provide information
           concerning the ageing of such wines .
           The first subparagraph shall also apply where those terms are used
           in translation , whether they refer to an actual place of origin or
           whether they are accompanied by expressions such as " style ",
           " type ", "method ", " imitation ", "brand " or other similar
           expressions .
           Member States may , in the case of certain conditions of production
           which they shall determine , authorize the name of a specified
           region to be accompanied by details relating to the method of
           manufacture or the type of product .
       h . Notwithstanding paragraph 3 ,      the Council acting by a
           qualified majority on a proposal from the Commission may , in the
           case of a traditional practice which is in accordance with the
           legislation of the Member State concerned , authorize , for a
           transitional period ending on 31 August 1991 , the use subject to
           conditions to be determined of the names of certain specified
           regions to describe table wines ."
( d ) In paragraph 7 :
      - the second sentence of the second subparagraph ,
      and
      - the words " or 'quality sparkling wine psr' , whichever is
        appropriate " in the third subparagraph
      are deleted .
( e ) Paragraphs 8 and 9 are replaced by the following :
      "8 . Detailed rules for the application of this Article shall be
           adopted in accordance with the procedure laid down in Article 83
           of Regulation ( EEC ) No 822 / 87 ."
 ---pagebreak---                                              12 -
 13 . The following Article is added after Article 15 :
       "Article 15a
       1 . Member States shall draw up the rules in accordance with which a
           producer may :
           - downgrade a quality wine psr , in particular to a table wine ;
           - not classify as quality wine psr a product which appears in his
             production declaration as a product intended for processing into
             quality wine psr .
      2 . The downgrading of a quality wine psr at the marketing stage may be
           effected by the competent authority of the Member State on whose
           territory the wine is located only where the properties of the quality
           wine psr in question have deteriorated or altered as a result of a
           change noted during ageing , storage or transport .
      3 . Detailed rules for the application of this Article , in particular as
           regards the use to be made of downgraded quality wines psr and the
           conditions governing such use , shall be adopted in accordance with the
           procedure laid down in Article 83 of Regulation ( EEC ) No 822 / 87 . "
14 . Article 18 is replaced by the following :
                                        "Article 18
      In addition to the provisions laid down in this Regulation , producer
      Member States may , taking into account fair and traditional practices , lay
      down any additional or more stringent characteristics or conditions of
      production , manufacture and movement in respect of the quality wines psr
      produced in their territory .
      They may in particular , in respect of the quality wines psr obtained on
      their territory
           limit the maximum residual sugar content of a quality wine psr ,
           particularly as regards the relationship between the actual alcoholic
           strength by volume and the residual sugar ;
 ---pagebreak---       - shorten the transitional period referred to in the third subparagraph
        of Article 8(2 ) and the third indent of Article 9(2 ) concerning the use
        of concentrated grape must ."
                                 Article 2
This Regulation shall enter into force on 1 May 1988 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels                                           For the Council
                                                            The  President
 ---pagebreak---                                         Proposal for a
                                   COUNCIL REGULATION ( EEC )
                             amending Regulation ( EEC ) No 358 / 79
         on sparkling wines produced in the Community as defined in point 15
                          of Annex I to Regulation ( EEC ) No 822 /87
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 43 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 the special provisions relating to quality wines produced in specified
regions are laid down by Council Regulation ( EEC ) No 823/ 87 ( 1 ), as
amended by Regulation ( EEC ) No ..../.. ( 2 ); whereas that
Regulation has been amended by removing therefrom the detailed technical
provisions relating in particular to the production and entry into free
circulation of quality sparkling wines psr in order to transfer those
provisions to Council Regulation ( EEC ) No 358 / 79 ( 3 ), as last amended by Regulation
( EEC ) No ..../.. ( 4 ), unless they are to be inserted into Regulation ( EEC )
No 3309 /85 laying down general rules for the description and presentation of
sparkling wines and aerated sparkling wines ( 5 ), as last amended by Regulation
( EEC ) No ..../.. ( 6 ), or have been made superfluous by more recent parallel
legislation ;
( 1 ) 0J No L 84 , 27 . 3.1987 , p.     59 .
( 2 ) 0J No L  ...
( 3 ) 0J No L 54 ,     5 . 3.1979 , p. 130 .
( 4 ) 0J No L  ...
( 5 ) OJ No L 320 , 29.11.1985 , p.      9.
( 6 ) OJ No L  ...
 ---pagebreak---                                                                                           1*0
                                            2
Whereas , in view of the fact that rectified concentrated grape must is
authorized for use in wine-making by Council Regulation ( EEC ) No 822 / 87 ( 7 ) as last
amended by Regulation ( EEC ) No 3146 / 87 ( 8 ), and in order to encourage the use of vine
products as raw materials for the manufacture of sparkling wines , it should be
provided that producers of sparkling wine may use rectified concentrated grape
must ;    whereas , in order to avoid negative effects on quality , the use of
concentrated grape must in the manufacture of sparkling wines should be
prohibited after a transitional period ;
Whereas the same methods of analysis should apply for all categories of wine
so as to make it easier to compare the results of different analyses ;        whereas
it should be specified that the methods of analysis referred to in connection
with the application of Article 74 of Regulation ( EEC ) No 822 /87 also apply
for the analysis of sparkling wines ,
HAS ADOPTED THIS REGULATION :
                                        Article 1
Regulation ( EEC ) No 358 / 79 is hereby amended as follows :
1 . The second paragraph of Article 2 is replaced by the following :
     "The provisions of this Regulation , with the exception of Title II , shall
     also apply to quality sparkling wines produced in specified regions
     ( quality sparkling wines psr )."
2.   In Article 4
     -    the third indent of paragraph 1 and
          the fourth indent of paragraph 2
     are replaced respectively by the following :
          rectified concentrated grape must ,"
          during a transitional period ending on 31 August 1989 , concentrated
          grape must ";
3 . In the second subparagraph of Article 5(1 ), points ( e ) and ( f ) are replaced
     by the following :
( 7 ) OJ No L 54 , 27.3.1987 , p. 1 .
( 8 ) OJ No L 300 , 23.10.1987 , p. 4 .
 ---pagebreak---                                              - 3 -
    "( e )    the method used is addition of dry sucrose , of rectified concentrated
             grape must or , during a transitional period ending on 31 August 1989 ,
             of concentrated grape must ,
      (f)    enrichment by the addition of sucrose is practised in the Member
             State concerned , either traditionally or exceptionally , in accordance
             with the rules existing on 24 November 1974 ."
4 . Article 13 is replaced by the following :
                                         " Article 13
    1 . The total alcoholic strength by volume
        ( a ) of the cuvees intended for the manufacture of quality sparkling
               wines shall be not less than 9% vol ;
        (b ) of the cuvees intended for the manufacture of quality sparkling
               wines produced in specified regions
               - shall be not less than 9,5% vol in wine-growing zones C III ,
               - shall be not less than 9% vol in other wine-growing zones .
               However , the cuvees intended for the manufacture of certain quality
               sparkling wines psr whose designation refers to a vine variety may
               have a total alcoholic strength by volume less than that given in
               the preceding subparagraph for the wine-growing zone in question .
    2 . A list of the quality sparkling wines psr referred to in the second
        subparagraph of paragraph 1 and the minimum total alcoholic strength by
        volume of their respective cuvees shall be drawn up in accordance with
        the procedure laid down in Article 83 of Regulation ( EEC ) No 822 / 87 ."
5 . The following Article is inserted after Article 14 :
                                        " Article 14a
    1 . Quality sparkling wines psr shall be produced only :
 ---pagebreak---                                                                                   и
                                            - 4 -
         -    from grapes of vine varieties which appear on the list provided for
              in Article 4(1 ) of Regulation ( EEC ) No 823 /87 and are harvested
              within the specified region ;
        -     by processing grapes as referred to in the first indent into must
              and processing the must thus obtained within the specified region
              where the grapes were harvested or in immediate proximity to that
              region .
        However , Member States may , in individual cases and subject to
        systematic control , authorize a quality sparkling wine psr to be
        manufactured outside the specified region or its immediate proximity
        where this is a traditional practice
        -     in use at least since 24 November 1974 ;
        -     during a transitional period ending on 31 August 1992 in cases not
              covered by the first indent .
    2 . Detailed rules for the application of this Article shall be adopted in
        accordance with the procedure laid down in Article 83 of Regulation
        ( EEC ) No 822 / 87 ."
6 . Article 15 is replaced by the following :
                                        " Article 15
    1 . In preparing the tirage liqueur intended for the manufacture of quality
        sparkling wine , only the following may be used in addition to yeasts ,
        sucrose and rectified concentrated grape must :
        - grape must or grape must still in fermentation from which a wine
           suitable for yielding a table wine can be obtained ,
        - wines suitable for yielding a table wine ,
           - table wines ,
             or
           - quality wines psr .
 ---pagebreak---          In preparing the tirage liqueur intended for the manufacture of a
         quality sparkling wine psr , only the following may be used in addition
         to yeasts , sucrose and rectified concentrated grape must :
         - grape must ,
         - grape must still in fermentation ,
         - wine ,
         - quality wine psr
         suitable for yielding the same quality sparkling wine psr as that to
         which the tirage liqueur is added .
    2 . Notwithstanding point 15 of Annex I to Regulation ( EEC ) No 822 /87 ,
         quality sparkling wines and quality sparkling wines psr , when kept at a
         temperature of 20 °C in closed containers , shall have an excess pressure
         of not less than 3,5 bar .
         However , for quality sparkling wines and quality sparkling wines psr
         kept in containers of a capacity of less than 25 centilitres , the
         minimum excess pressure shall be 3 bar .
    3 . Detailed rules for the application of this Article shall be adopted in
         accordance with the procedure laid down in Article 83 of Regulation
         ( EEC ) No 822 / 87 ."
7 . The date "1 September 1987 " in Article 17(3 ) is replaced by "1 September
    1990 ".
8 . Article 18(2 ) is replaced by the following :
    " 2 . Notwithstanding Article 14 , the actual alcoholic strength by volume of
           quality sparkling wines of the aromatic type and of quality sparkling
           wines psr of the aromatic type may not be less than 6% vol .
           The total alcoholic strength by volume of quality sparkling wines of
           the aromatic type and of quality sparkling wines psr of the aromatic
           type may not be less than 10% vol ."
 ---pagebreak---                                             6
 9.  The following paragraph is added to Article 19 :
     "Member States may , in respect of the sparkling wines made on their
     territory , shorten the transitional period referred to in the fourth
      indent of Article 4(1 ) and the fifth indent of Article 4(2 ) and in the
     second subparagraph of Article 5(1 ) under ( e ) concerning the use of
     concentrated grape must ."
10 . Article 20 is replaced by the following :
                                      " Article 20
       The methods of analysis to be used for the purposes of this Regulation
     shall be those referred to in Article 74 of Regulation ( EEC ) No 822 / 87 ."
                                        Article 2
 This Regulation shall enter into force on 1 May 1988 .
 This Regulation shall be binding in its entirety and directly applicable in
 all Member States .
 Done at Brussels                                            For the Council
                                                             The President
 ---pagebreak---                                    Proposal for a
                             COUNCIL REGULATION ( EEC )
    amending Regulation ( EEC ) No 3309 / 85 laying down general rules for the
     description and presentation of sparkling wines and aerated sparkling
                                        wines
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community , and in
particular Article 43 thereof ,
Having regard to Council Regulation ( EEC ) No 822 /87 ( 1 ) of 16 March 1987 on the
common organization of the market in wine , as last amended by Regulation ( EEC )
No 3146 /87 ( 2), and in particular Article 72(1 ) thereof ,
Having regard to Council Regulation ( EEC ) No 823 /87 of 16 March 1987 laying down
special provisions relating to quality wines produced in specified regions ( 3 ), as
amended by . . . ( 4 ), and in particular Article 15(4 ) 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 the special provisions relating to quality wines produced in specified
regions were laid down by Regulation ( EEC ) No 823 / 87 ; whereas those provisions
have been amended so as to establish precise rules for the use of names of
specified regions in the description of quality wines psr , including quality
sparkling wines psr ; whereas , in accordance with those rules , only the
geographical name of a wine-growing area which produces wine possessing special
quality characteristics may be used to designate a quality sparkling wine psr ;
whereas those rules also provide that the name of a specified region
( 1 ) 0J No L 84 , 27 . 3.1987, p. 1 .
( 2 ) 0J No L 300 , 23.10.1987 , p. 4 .
( 3 ) 0J No L 84 , 27 . 3.1987 , p. 1 .
(4) .
 ---pagebreak---                                                                                          tu
                                             - 2 -
may be combined with details concerning the method of manufacture or the type
of product ; whereas , in order to protect such traditional descriptions which
are used for other types of products of specific origin , the term " cremant "
should be reserved for certain quality sparkling wines psr made in France and
Luxembourg ; whereas to enable manufacturers of sparkling wines who have
traditionally used the term " cremant " to describe their sparkling wines to
adjust gradually to the abovementioned rules there should be provision for an
exception from those rules during a transitional period ;
Whereas since the use of the expression "methode champenoise " to refer to the
method of making the sparkling wine in question is allowed only during a
transitional period the equivalent expresssions which could appropriately
replace it should be laid down ;
Whereas certain technical provisions relating to sparkling wine have been
deleted from Regulation ( EEC ) No 823 / 87 in order to transfer them to Council
Regulation ( EEC ) No 3309 / 85 ( 5 ), as last amended by Regulation ( EEC ) No 538 / 87
( 6 ), provided that they are not to be inserted into Council Regulation ( EEC )
No 358 / 79 of 5 February 1979 on sparkling wines produced in the Community as
defined in point 15 of Annex I to Regulation ( EEC ) No 822 / 87 ( 7 ), as last amended
by Regulation ( EEC ) No ..../.. ( 8 );
Whereas this opportunity should be taken to correct clerical errors in the German
version of Regulation ( EEC ) No 3309 / 85 ,
HAS ADOPTED THIS REGULATION :
                                           Article 1
Regulation ( EEC ) No 3309 / 85 is hereby amended as follows :
1 . In Article 6 :
     ( a ) in the German version of the first subparagraph of paragraph 4 the
           words " Flaschengärung nach dem traditionellen Verfahren " are replaced
           by " traditionelle Flaschengärung ";
( 5 ) 0J No L 320 , 29.11.1985 , p.     9.
( 6 ) OJ No L 55 , 25 . 2.1987 , p.     4.
( 7 ) OJ No L 54 , 5 . 3.1979 , p. 130 .
( 8 ) 0J No L ...
 ---pagebreak---                                                                                        ιΎ
                                              - 3 -
    ( b ) the following paragraph is inserted after paragraph 5 :
    -     " 5a . In the case of quality sparkling wines psr which fulfil the
                 conditions laid down in the second subparagraph of paragraph h :
                 ( a ) the term "cremant " shall be reserved for quality sparkling
                       wines psr made in France or Luxembourg
                       - to which this terms has been applied , in combination with
                         the name of the specified region , by the Member State in
                         which the wine was made and
                       - which were produced in accordance with special rules laid
                         down for their manufacture by the abovementioned Member
                         States ;
                 ( b ) the terms "metodo classico " and " classico " shall be reserved
                       for quality sparkling wines psr made in Italy ,
                       - to which these terms have been applied , in combination with
                         the name of the specified region , by Italian provisions and
                       - which were produced in accordance with special rules laid
                         down for their manufacture by Italy ."
          However , for eight wine-growing years the term " cremant ", in French or
          in translation , may be used to describe a sparkling wine obtained by
          fermentation in the bottle and which was traditionally thus described
          at the date on which this Regulation entered into force .
2 . The following paragraph is added to Article 8 :
    " 3 . The expression " quality sparkling wine psr " and the name of the
          specified region concerned must appear on the accompanying document
          referred to in Article 71(1 ) of Regulation ( EEC ) No 822 / 87 ."
 ---pagebreak---                                   - 4 -
                                Article 2
This Régulation shall enter into force on 1 September 1988 .
This Régulation shall be binding in its entirety and directly applicable in
ail Member States .
Done at Brussels ,                                 For the Council
                                                    The President