CELEX: 51978PC0297
Language: en
Date: 1978-06-30
Title: Proposal for a COUNCIL REGULATION (EEC) on direct collaboration between the competent bodies in the Member States regarding the downgrading of quality wines produced in specified regions (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 297
Vol. 1978/0108
 ---pagebreak--- Disclaimer
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 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                              COM(78)297 final.
                                                          *
                                                              Brussels . 30 June 1978 .
                                     Proposal for a
                                COUNCIL REGULATION (EEC )
                on direct collaboration between the competent bodies
               in the Member States regarding the downgrading of quality
                           wines produced in specified regions
                       ( submitted to the Council by the Commission )
COM ( 78 ) 297 final .
 ---pagebreak---                           EXPLANATORY MEMORANDUM
Artiole 12(5 )    Regulation (EEC ) NO 817/ 70 lays down that the downgrading
of a quality wine produced in a specified region may "be effected at the
production stage under conditions laid down by national rules , whereas at
the marketing stage it may "be effected only where the properties of the
quality wine psr in question have deteriorated or altered as a result of a
change noted during maturing , storage or transport . In "both cases the
downgrading is decided on by the competent "bodies designated for this
purpose "by the Member States . If a quality wine psr has been sent from one
Member State to another and if its characteristics have altered in such a
way that it is liable to be downgraded , the competent bodies of the two
Member States concerned should collaborate directly to ensure unifrom
application of the Community provisions governing production and marketing
of quality wines psr . The purpose of this proposal for a Regulation is to
enable suoh collaboration to take place . It lays down measures governing
relations between the said' bodies so as to permit the downgrading of a
quality wine psr which has been sent from the Member State in which it was
obtained to another Member State .    '
 ---pagebreak---                                   Proposai for
                     C0U1TCIL KEGULATICN (EEC ) NO
                                  of
            on direct collaboration between the competent bodies in
            the Member States regarding the downgrading of quality-
            wines produced in specified regions
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                                                  ι
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 in
wine\ as last amended by Regulation (EEC) NO 2560/77^, and in particular        ;
Article 39a(2) thereof ,
                  >
Having regard to the proposal from the Commission ,
Whereas pursuant to Article 39a(2) of Regulation (EEC) No 816/70 the necessary
measures should be adopted to ensure uniform application of the Community     . !
provisions in the wine seotor , particularly as regards wines covered by
Council Regulation (EEC) No 817/7-0 °f 28 April 1970 laying down special provi­
sions relating to quality wines produoed in specified regions      whereas Article
12 (5) of the latter Regulation lays down that a quality wine produoed          ;
                                                                                i   •
in a speoified region may be downgraded at the marketing stage only where the   ι
properties of the quality wine psr in question have deteriorated or altered „
as a result of a change noted during maturing , storage or transport ;          1
         ■ "                         \ 1/ .                      ;       ./. .
*0J No L 99 , 5* 5.1970, p. 1           m
^OJ No L 303 , 28.11.1977 , P. 1
■*0J No L 99 , 5 . 5.1970, p. 20        a .   '
 ---pagebreak---  Whereas a quality wine psr on the territory of a Member State other than that
 in which it originated should "be downgraded by a competent body of the
Member State of origin } whereas , to that end , direct collaboration should
 be ensured between the bodies responsible in the Member States for the
 supervision of the production and marketing of quality wines psr ; whereas
 it is necessary to lay down the rules for such collaboration ;
                          Λ
 Whereas , to facilitate the task of the Member States , collaboration between 1 \
 the bodies responsible for the supervision of the production and marketing
 of quality wines psr should be coordinated in accordance with the rules
 laid down by Counoil Regulation (EEC ) NO           on the direot collaboration ;
 of the bodies assigned by the Member States to supervise compliance with         |;
 Community and national provisions on wine-growing^}
Whereas certain administrative and technical questions relating to direot
 collaboration between the competent bodies of different Member States must be
settled in accordance with Community rule s { vdierQas provTsiori must therefore -^
be for the adoption of detailed rules of application ,
HAS ADOPTED THIS REGULATION x
                                    Article 1
      This Regulation lays down the measures governing relations between the
bodies assigned by the Member States to supervise the production and marketing
of quality wines psr and "is designed "to govern the " downgrading of quality
wines psr provided for in Article 12(5 ) of Regulation (EEC ) Ho 817/70.
fin process of adoption ; see does R/659/77        *8 March 1977 1 S/6 63/78 of
 j 7 April 1978 and s/923/78 of 25 May 1978.
 ---pagebreak---                                    Article 2
1 . Where the characteristics of a quality wine psr have deteriorated in such
    a way that the wine is liable to be downgraded , the competent body of the
    Member State on whose geographical territory such quality wine psr is
    located shall inform the    competent body in the Member State of origin , which
    shall have the exclusive right of downgrading the wine in question .
     In addition to the exchange of information ,
    - samples may be sent to a laboratory in the Member State of origin ;
    - a qualified expert from the Member State of origin may assist with the
       checks j
    - various Member States may participate in concerted examinations }          "
    - checks may be made on the documents and records required under Article
       29 of Regulation (EEC) N° 816/70 .
2 . The competent body in the Member State of origin shall inform the requesting
     competent body of its decision on the downgrading of the wine .
3 . Any interested party may request the competent body of the Member State on
    on whose geographical territory    the wine is located that the decision
    be reviewed . This body shall request the competent body of the Member
     State in which the wine originated to review its decision.
              \ ,
4 . Collaboration between the competent bodies referred to in this article
     shall take place in accordance with the rules laid down in Regulation
     (EEC) N°
                                   Article 3                      '
1 . Detailed rules for the application of this Regulation shall be adopted
     as regards :
     - the exchange of information , account being taken of the need for prompt
       notification ;
     - the taking end sending of samples and the cost of their analysis ;
     - the payment of .the services rendered by a qualified expert in a Member
        State other than the Member State in whose service he is;'"'""-
 ---pagebreak--- 2 . Each producer Member State shall notify the Commission before 31 August 1973
    which bodies are authorized to downgrade a quality wine par .
    The Commission shall publish the names and addresses of the competent
    bodies in conjunction with the detailed rules of application .
                                   Article 4
      This Regulation shall enter intq force on 1 September 1978 , with the
exception of Article 3(2 ) » which shall enter into force on the third day
following its publications in the Official Journal of the European Communities .
      This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels *                     i           For the Council .         1
                                                                             !
                                       ,            The President