31973R2236

No L 229 / 26 Official Journal of the European Communities 17 . 8 . 73

REGULATION ( EEC) No 2236/73 OF THE COMMISSION of 16 August 1973 prescribing certain rules for the tests to be carried out on wines which prima facie satisfy the requirements for designation as 'quality wines produced in speci­ fied regions

THE COMMISSION OF THE EUROPEAN out organoleptic tests for the quality wine psr COMMUNITIES , produced in its territory. These tests shall be carried out on those wines in respect of which the results of Having regard to the Treaty establishing the European analytical tests are within the upper and lower limits Economic Community ; referred to in the second subparagraph of Article 1 1 ( 1 ) (a) of Regulation (EEC) No 817/70 . Having regard to Council Regulation (EEC) No 8 1 7/70 ( x ) of 28 April 1970, laying down special provi­ 2. When setting up inspection boards, Member sions relating to quality wines produced in specified States shall ensure that all interested parties are repre­ regions, as last amended by Regulation ( EEC) No sented thereon . 2680/72 (2), and in particular Articles 11 (4) and 16 thereof ; 3 . Member States shall take the necessary measures Whereas, pursuant to Article 11 ( 1 ) of Regulation to provide for re-testing whenever any decision of an (EEC) No 817/70, producer Member States must carry inspection board is contested by the maker of the out an organoleptic test and must determine for each quality wine psr concerned, or by the authorities quality wine psr produced on their territory the upper responsible for carrying out controls . and lower limits for the characteristic elements assessed under anylytical test ; Article 2 Whereas the task of comparing the results of tests with the specifications prescribed, and of carrying out organoleptic tests , should be entrusted to inspection In accordance with the provisions of Article 1 1 (2) of boards ; Regulation (EEC) No 817/70, until the Council has adopted the appropriate provisions Member States Whereas, since winemakers might contest the deci­ who carry out analytical and organoleptic tests by sions of the boards, provision should be made for sampling shall ensure that the wines tested are repre­ re-testing ; sentative of all the quality wines psr held by the producer concerned . Sampling must be so organized Whereas provision should be made as to the designa­ that the production of each producer concerned is tion of wines suitable for yielding quality wines psr tested at least once every three years . that are not accepted as quality wines psr by the board concerned ; Article 3 Whereas the Commission should be informed of the Without prejudice to the other conditions laid down measures taken by the Member States and of the in respect of the quality wine psr in question , a tested manner in which they are applied ; wine may be designated a quality wine psr only if the results of the analytical tests in respect of the Whereas the measures provided for in this Regulation elements are found to be within the upper and lower are in accordance with the Opinion of the Manage­ limits prescribed . ment Committee for Wine ;

Article4¶

No wine can be a quality wine psr if the results of the Article I ■ organoleptic test show that it is not suitable for yielding a quality wine psr. In such a case, if the wine 1 . Each producer Member State shall set up one or is of sound, fair and marketable quality and provided more inspection boards , to be responsible for carrying that any enrichment that it has undergone has been carried out in accordance with Article 19 (6) of Regula­ tion ( EEC) No 816/70 , it shall be considered to be a (') OJ No L 99 , 5 . 5 . 1970 , p . 20 . (-') OJ No L 289 , 27 . 12 . 1972 , p . 1 . table wine .

17. 8 . 73 Official Journal of the European Communities No L 229/27

Article5¶

The Member States shall within six months draw up and communicate to the Commission lists setting out the elements to be assessed and the upper and lower This Regulation shall enter into force on the third day limits in respect of those elements. Any amendments following its publication in the Official Journal of to such lists shall be communicated within a period of the European Communities. It shall be applicable three months . from 1 September 1973 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 16 August 1973 . For the Commission The President Francois-Xavier ORTOLI