CELEX: 51990PC0554(03)
Language: en
Date: 1991-03-07
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 358/79 ON SPARKLING WINES PRODUCED IN THE COMMUNITY

N o C 84/10                               Official Journal of the European Communities                                   28. 3.91
   (b) the second subparagraph           of    paragraph   5 is               confusion with trade descriptions which         are
        replaced by the following:                                            actually established and recognized.';
        T h e y shall include in particular the definition of
        areas in immediate proximity to a specified                      (b) in the third subparagraph of paragraph 4, '31
        region, account being taken in particular of the                      August 1991' is replaced by '31 August 1992'.
        geographical       situation     and      administrative
        structures.'
                                                                                                 Article 2
2. In Article 15:
                                                                     This Regulation shall enter into force on the third day
                                                                     following its publication in the Official Journal of the
    (a) the following subparagraph is added to paragraph             European Communities.
        3:
        'The geographical name designating a specified               This Regulation shall be binding in its entirety and
        region must be sufficiently distinctive to avoid any         directly applicable in all Member States.
                Proposal for a Council Regulation amending Council Regulation (EEC) No 358/79 on
                                            sparkling wines produced in the Community
                                                            (91/C 84/11)
                                                         COM(90) 554 final
                                        (Submitted by the Commission on 11 March 1991)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Whereas experience dictates that the rules on the
                                                                     production of sparkling wines should distinguish between
                                                                     quality sparkling wines of the aromatic type and quality
Having regard to the Treaty establishing the European                sparkling wines of the aromatic type produced in
Economic Community, and in particular Article 43                     specified regions (quality sparkling wines psr of the
thereof,                                                             aromatic type),
Having regard to the proposal from the Commission,                   HAS ADOPTED THIS REGULATION:
Having regard         to  the    opinion    of   the  European                                   Article 1
Parliament,
                                                                     Regulation (EEC) No 358/79 is hereby amended as
                                                                     follows:
Having regard to the opinion of the Economic and
Social Committee,
                                                                      1. Article 12 (3) and (4) is replaced by the following:
Whereas the Commission put to the Council a proposal
                                                                          '3.   The Commission shall send the Council before
for consolidation of Council Regulation (EEC) No
                                                                          1 April 1991 a report, based on experience acquired,
358/79 of 5 February 1979 ('), as last amended by Regu-
                                                                         on maximum sulphur dioxide contents, accompanied
lation (EEC) No 1328/90 O ; whereas it emerged on
                                                                         by any appropriate proposals, on which the Council
scrutiny of the proposal that it is necessary to extend the
                                                                          shall act by a qualified majority before 1 September
permitted periods of authorization of the present
                                                                          1991.
maximum sulphur dioxide contents of sparkling wines;
                                                                          4.    Detailed rules for the application of this Article
                                                                          shall be adopted in accordance with the procedure
(') OJ No L 54, 5. 3. 1979, p. 130.                                       laid down in Article 83 of Regulation (EEC) No
(2) OJ No L 132, 23. 5. 1990, p. 23.                                      822/87.'
 ---pagebreak--- 28.3.91                                    Official Journal of the European Communities                             N o C 84/11
2. Article 16 (4) is replaced by the following:                               4.   Notwithstanding Article 17, the duration of
                                                                              the process of making quality sparkling wines of
    '4.       Detailed rules for the application of this Article              the aromatic type and quality sparkling wines psr
    shall be adopted in accordance with the procedure                         of the aromatic type may not be less than one
    laid down in Article 83 of Regulation (EEC) No                            month.'
    822/87.'
                                                                     4. Article 22 is replaced by the following:
3. In Article 18:
                                                                         'All sparkling wines covered by Article 1 that met the
    (a) the first subparagraph of paragraph 1 is replaced                requirements of this Regulation or Regulation (EEC)
        by the following:                                                No 358/79 in force at the time when they were
                                                                         produced but the production conditions or analytical
         ' 1 . Quality sparkling wines of the aromatic type              characteristics of which no longer meet the
               may be produced only by using, as sole consti-            requirements of this Regulation as a result of
               tuents of the cuvee, grape musts or grape                 amendments thereto may be held for sale, put on the
               musts in fermentation obtained from the vine              market or exported until stocks are exhausted.'
               varieties listed in the Annex. The same shall
               apply to quality sparkling wines psr of the           5. The title of the Annex is replaced by the following:
               aromatic type, provided that these varieties are
               recognized as suitable for the production of              'List of vine varieties from which quality sparkling
               quality wines psr in the specified region whose           wines of the aromatic type and quality sparkling
               name the quality sparkling wines psr bear.';              wines psr of the aromatic type may be produced'.
    (b) paragraphs 3 and 4 are replaced by the following:                                      Article 2
         '3.     Notwithstanding the first subparagraph of           This Regulation shall enter into force on the third day
        Article 15 (2), quality sparkling wines of the               following its publication in the Official Journal of the
         aromatic type and quality sparkling wines psr of            European Communities.
        the aromatic type shall, when kept at a
        temperature of 20 °C in closed containers, have              This Regulation shall be binding in its entirety and
        an excess pressure of not less than three bars.              directly applicable in all Member States.
                 Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 857/84 adopting
                 general rules for the application of the levy referred to in Article 5c of Regulation (EEC)
                                         No 804/68 in the milk and milk products sector
                                                            (91/C 84/12)
                                                          COM(91) 96 final
                                         (Submitted by the Commission on 21 March 1991)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Having regard to the proposal from the Commission,
Having regard to the Treaty establishing the European
Economic Community,
                                                                     Whereas the Court of Justice, in its judgments given on
                                                                     11 December 1990 in Cases C-189/89 and C-217/89,
Having regard to Council Regulation (EEC) No 804/68                  declared invalid Article 3a of Council Regulation (EEC)
of 27 June 1968 on the common organization of the                    No 857/84 (3)> as last amended by Regulation (EEC) No
market in milk and milk products ('), as last amended by             306/91 (4), in so far as it excludes from the grant of a
Regulation (EEC) No 3641/90 (2), and in particular                   special reference quantity under that provision producers
Article 5c (6) thereof,                                              whose period of non-marketing or conversion expired
                                                                     before 31 December 1983 or 30 September 1983, as
(') OJ No L 148, 28. 6. 1968, p. 13.                                 O OJ No L 90, 1. 4. 1984, p. 13.
O OJ No L 362, 27. 12. 1990, p. 5.                                   (4) OJ No L 37, 9. 2. 1991, p. 4.