CELEX: 51979PC0057
Language: en
Date: 1979-02-21
Title: Proposal for a COUNCIL REGULATION (EEC) amending for the fourth time Regulation (EEC) No 2133/74 laying down general rules for the description and presentation of wines and grape musts (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 57
Vol. 1979/0021
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(79 ) 57 final
                                                   Brussels . 21 February 1979
                              Proposal for a
                         COUNCIL REGULATION ( EEC )
         amending for the fourth time Regulation ( EEC ) No 2133 / 74
         laying down general rules for the description and presen­
         tation of wines and grape musts
                ( submitted to the Council by the Commission )
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C0M(79 ) 57 final
 ---pagebreak---                              EXPLANATORY MEMORANDUM
Council Regulation ( EEC ) No 2133/ 74 laid down general rules for the des­
cription and presentation of wines and grape musts . It provided for com­
pulsory declaration of the nominal volume of the product in conformity with
Council Directive 75 / 106 / EEC . Since the Directive is now being amended ,
the Regulation must also be adopted . The amendments concern the indication
of the letter " e" on the label . The purpose of this symbol is henceforth
not to indicate that the nominal volume is one of the values fixed for the
Community by the said Directive ; it now certifies that the container has
been filled in accordance with the standards Laid down in the Directive .
Regulation ( EEC ) No 2133/ 74 establishes the principle that the name of a
geographical unit may be used to designate a wine only if all the grapes
used to manufacture the quality wine psr in question come from the area
stated . In view of the very similar natural production conditions in
vineyards covered by the same field name, this principle should be relaxed
somewhat , to allow for tradition       and custom in some producer Member
States . It is accordingly proposed that Member States should be permitted
to authorize a quality wine psr deriving from a named field extending into
several communes to be designated by the name of that field together with
the name of a commune representing all the communes into which the field
extends . It is further proposed, for the Member States in which the
greater part of wine production is quality wine psr and where production is
therefore strictly controlled, that they should be free to authorize a
quality wine psr deriving from a named field extending into several
communes to be designated by the name of that field together with the name
of the commune where most of the grapes were picked .
The trade associations of 13 European countries have agreed on a uniform
 system for coding and marking merchandise . The relevant information is
 totalized at shop check-outs and is a most useful stock control tool for
 the distributor . In order to avoid interfering with the use of this
 ---pagebreak--- modern system for recording sales in firms' accounts /, it is proposed that
the identification of wines and grape musts by means of a code or a symbol
which can be read by a machine should not be covered by Regulation ( EEC )
No 2133/ 74 .
This proposal for a Regulation does not involve any expenditure chargeable
to the Community 's budget .
 ---pagebreak---                                  Proposal for a
                          COUNCIL REGULATION ( EEC )
          amending for the fourth time Regulation ( EEC ) No 2133 / 74
      laying down general rules for the description and presentation
                           of wines and grape musts
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation ( EEC ) No 816 / 70 of 28 April 1970 ,
laying down additional provisions for the common organization of the market
        1       . .      . . .   _    ...                   2
in wine , as last amended by Regulation ( EEC ) No 3065 / 78 , and in particular
Articles 30(1 ) and 39a(2 ) thereof ,
Having regard to Council Regulation ( EEC ) No 817/ 70 of 28 April 1970 laying
down special provisions relating to quality wines produced in specific
regions , as last amended by Regulation (EEC) No 2211 /77^ and in particular
Article 12(3 ) thereof ,
Having regard to the proposal from the Commission,
Whereas council Regulation (EEC) No 2133/74^, as last amended by Regulation
No 1475/77^, laid down general rules for the description and presentation
of wines and grape musts ;
  0J No L   99, 5 . 5.1970 , P. 1
  0J No L  366, 28.12.1978, p. 9
  0J No L   99, 5 . 5.1970 , p. 20
  0J No L  256 , 7.10.1977, P. 1
  0J No L  227, 17. 8.1974, p. 1
*
  0J No L  164, 2 . 7.1977, P. 1
 ---pagebreak--- Whereas Council Directive 75 / 106/ EEC of 19 December 1974 on the approxima­
tion of the Laws of the Member States relating to the making-up by volume
                                  7              . . .        .                8
of certain prepackaged liquids has been amended by Directive 79/ / EEC ,
particularly with regard to Article 3; whereas marking with the lower­
case letter "e" no longer refers to the list of volumes permitted in the
Community but certifies that the marking and fi I ling of - the container
satisfy the conditions laid down in the said Directive ; whereas certain
of the provisions of Regulation ( EEC ) No 2133/74 should accordingly be
adapted ;
Whereas, by virtue of Article 14(2 ) of Regulation ( EEC ) No 2133 / 74 , the
name of a geographical unit may be used to designate a wine only if all
the grapes used to manufacture the quality wine psr in question originate
in thst unit ; whereas in some Member States there are named fields exten­
ding into several communes whose name may be used, together with the name of one
of the communes, to designate wines ; whereas , in view of the very similar
natural production conditions in vineyards covered by the same field name,
and in view of tradition and custom in some specific regions , the producer
Member States should be free to authorize such wine to be designated by
the name of the field together with the name of a commune representative
of all the communes into which the field extends ; whereas tradition and
custom and the particularly strict control on production in the Member
States where the production of quality wines psr normally constitutes the
greater part of total wine production make it proper that these Member
States should be free to authorize such wines to be designated by the name
of such field together with the name of a commune, on condition that more
than half the grapes used to produce them were harvested in such commune ;
Whereas , in order not to obstruct the use of certain modern methods for
 recording sales , it should be laid down that identification of wines and
grape musts by means of a figure code and/or symbol which can be deciphered by
 a machine should not be covered by these rules on description and '■         •'
 presentation,
 HAS ADOPTED THIS REGULATION :
  OJ No L 42 , 15.2.1975 , p. 1 .
8.        . . .
  OJ No (This Directive has not yet been formally adopted;
  see Doc . R/ 3452/ 78, 13.12.1978).
 ---pagebreak---                                            - 3 -
                                          Arti cle
1 . Article 2(1)(b ) of Regulation ( EEC ) No 2133 / 74 is amended to read
    as follows :                                                J
    "( b ) the nominal volume of the table wine in accordance with the
           provisions of Directive 75 / 106 / EEC , as last amended by Directive
           79 /  / EEC / followed by the lower-case letter " e " indicating
           that the prepackages satisfy the conditions laid down in those
           Directives as regards filling ."
2 . Article 12(1)(c ) of Regulation ( EEC ) No 2133 / 74 is amended to read
    as follows :
    "( c ) the nominal volume of the quality wine p.s.r . in accordance
           with the provisions of Directive 75 / 106 / EEC , as last amended
           by Directive 79 /      / EEC , followed by the lower-case letter " e ",
           indicating that the prepackages satisfy the conditions laid
           down in those Directives as regards filling ."
3 . Article 22(1)(c ) of Regulation ( EEC ) No 2133 / 74 is amended to read
    as follows :
    "( c ) the nominal volume of the product in accordance with the
           provisions of Directive 75 / 106 / EEC , as last amended by Directive
           79 /   / EEC , followed by the lower-case letter " e ", indicating
           that the prepackages satisfy the conditions laid down in those
           Directives as regards filling ."
4 . Articles 27 ( 1 ) ( b ) and 28(1)(b ) of Regulation ( EEC ) No 2133 / 74 are
    amended to read as follows :
    "( b ) the nominal volume of the imported wine in accordance with the
           provisions of Directive 75 / 106 / EEC , as last amended by Directive
           79 /   / EEC , followed by the lower-case letter " e ", indicating
           that the prepackages satisfy the conditions laid down in those
           Directives as regards filling ."
 ---pagebreak---  Article 29C1)(c ) of Regulation ( EEC ) No 2133/ 74/ EEC is amended to
 read as follows :
 "( c ) the nominal volume of the imported product in accordance with the
          provisions of Directive 75/ 106/ EEC, as last amended by Directive
           79/         / EEC, followed by the lower-case letter "e", indicating
          that the prepackages satisfy the conditions laid down in those
           Directives as regards filling ."
                                    Article 2
  Article 14(1 ) of Regulation ( EEC ) No 2133/ 74 is replaced by the
  following :
  " 1 . For the description on the labels of a quality wine psr , the name
         of a "geographical unit which is smaller than the specified region",
          as referred to in Article 12(2)(1 ), shall be taken to mean the name
         of    :
         - a named field within one commune ,
         - a named field extending into several communes ,
          - a commune or part thereof ,
          - a wine growing sub-region or part thereof ."
, The second subparagraph of Article 14(3) of Regulation ( EEC ) No 2133/ 74
   is replaced by the following :
   " However , without prejudice to Article 17, producer Member States may
     authorize the use of the name of a geographical unit as referred to in
     paragraph 1 for a quality wine psr :
     ( a ) obtained from a mixture of grapes , grape musts , new wines still
            in fermentation or , until 31 August 1981 , wines
            - originating in one of the geographical units as referred to in
                 the first , third or fourth indents of paragraph 1 whose name is
                 to be used for the designation , with a product obtained in the
                 same specified region but outside that unit , provided that at
                 least 85% of the wine concerned is obtained from grapes picked
                 in the geographical unit whose name it bears ;
 ---pagebreak---                                      » 5 -
           - originating in different cranmunes within a named field extend­
             ing into several catnnunes , as referred to in the second indent
             of paragraph 1 , the name of one of which communes is to accom­
             pany the indication of the fiels name , provided that
           - the Member State in question has adopted provisions providing
             that such wine be designated by the name of such field to­
             gether with the name of the commune representative of all the
             communes over which such field name extends or
           - in the Member States in which production of quality wine psr
             normally exceeds 50 % of total wine production , the wine con­
             cerned is obtained at least half from grapes picked in the
             commune whose name is given with that of the field .
   ( b ) When the wine has been sweetened with a product made in the same
         specified region . In that case , the quantity of product used for
         sweetening shall not be counted in the proportion of grapes
         used which are harvested in a geographical unit as referred to
         in paragraph 1 which is not stated ,"
                                 Article 3
The second subparagraph of Article 41 ( 1 ) of Regulation ( EEC )
No 2133/74 is replaced by the following :
" Particulars , signs and other reference shall not constitute part
  of the labelling if they
- are required under the tax provisions of the Member States ,
   or
- refer to the manufacturer or to the nominal volume of the container
   and are inscribed directly and indelibly thereon ,
   or
- are used by the bottler for his own internal checks and are indicated
   in detailed rules to be laid down ,
   or
- are used to identify the product by means of a figures code and/or of a
   symbol to be read by a machine , "
 ---pagebreak---                                   6
                             Article 4
This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Conmunities
This Regulation shall be binding in its entiretu and directly appli
cable in all Member States .
Done at Brussels ,                 For the Council
                                   The President