31974R2893

21 . 11 . 74 Official Journal of the European Communities No L 310/ 1

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 2893/74 OF THE COUNCIL of 18 November 1974 on sparkling wines produced in the Community and specified in item 12 of Annex II to Regulation (EEC) No 816/70

THE COUNCIL OF THE EUROPEAN demand 'and therefore lead to expansion in wine COMMUNITIES , outlets ;

Having regard to the Treaty establishing the European Whereas it is needful that all sparkling wines, together Economic Community, and in particular Article 43 with the grape musts and v^ines used in producing thereof ; them, be subject to minimum quality requirements ; whereas it should therefore be stipulated that the afore­ Having regard to the proposal from the Commission ; mentioned raw materials be table wines or products suitable for yielding table wines, or quality wines psr Having regard to the Opinion of the European Parlia­ or products suitable for yielding quality wines psr ; ment (') ; Whereas the quality requirements should be applied Having regard to the Opinion of the Economic and not only to the raw materials but also to the methods Social Committee ; of preparation and the finished product ; whereas it is further in the interests of both producer and Whereas Council Regulation (EEC) No 8 1 6/70 (2) of consumer that appropriate packaging be laid down, 28 April 1970 laying down additional provisions for the common organization of the market in wine, as last amended by Regulation (EEC) No 1 532/74 (3), contains rules for the preparation and marketing of HAS ADOPTED THIS REGULATION : table wines ; whereas it is necessary to supplement these rules by laying down corresponding provisions for all sparkling wines produced in the Community, Article 1 taking into account the fact that the quality sparkling wines produced in specified regions are sparkling quality wines psr and must therefore also satisfy Regu­ This Regulation lays down rules supplementing those lation (EEC) No 817/70 (4) ; given in Regulation (EEC) No 816/70 as regards the production and marketing of sparkling wines defined in item 12 of Annex II to the above Regulation . Whereas it is desirable to subject these sparkling wines to common rules in respect of production, marketing and controls to avoid distortions of competi­ tion and ensure protection of the consumer whilst Article 2 maintaining qualitative distinctions. For products manufactured in the Community the Whereas a measure of this type will help to guide the designation : consumer in his choice by providing the necessary assurance that each of the products offered to him 1 . 'sparkling wine' shall be reserved for wines fitting satisfies specific quality requirements ; whereas it will, the description given in item 12 of Annex II to by the same token , protect the interests of the Regulation ( EEC) No 816/ 70 and the provisions of producers , promote intra-Community trade , increase Titles I and II of the present Regulation . 2 . 'quality sparkling wine' shall be reserved for wines (') OJ No C 78 , 2 . 8 . 1971 , p. 76 . fitting the description given in item 12 of Annex II (2) OJ No L 99 , 5 . 5 . 1970 , p. 1 . (3) OJ No L 166, 21 . 6. 1974, p. 1 . to Regulation ( EEC) No 816 /70 and the provisions 4) OJ No L 99 , 5 . 5 . 1970 , p. 20 . of Titles I and III of the present Regulation .

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TITLE I However, each Member State may, where climatic conditions in its territory make it necessary, authorize the enrichment of the cuvée at the place of prepara­ General provisions for all wines referred to in tion of the sparkling wines, provided that : Article 1 (a) none of the constituents of the cuvée has previ­ Article 3 ously undergone enrichment ;

(b) its constituents are derived solely from grapes For the purposes of this Regulation, harvested in its territory ; (a) cuvée shall mean : (c) the process of enrichment is carried out in a single — grape must, operation ; — wine (d) the following limits are not exceeded : or — 35° for a cuvée composed of constituents — the product of the mixing of grape musts or from wine-growing zone A, provided that the wines with different characteristics, natural alcoholic strength of each constituent is at least 5° ; intended for the preparation of a specific variety of the wines referred to in Article 1 -, however, in years when climatic conditions are exceptionally bad, the limit mentioned in the (b) drawn-off liquid (liquer de tirage) shall mean : preceding subparagraph may be raised to 4 5° the product added to the cuvée to render it effer­ provided that the natural alcoholic strength of vescent ; each constituent of the cuvée is at least 5° ; (c) dose (liquer d'expédition) shall mean : — 25° for a cuvée composed of constituents the product which is to be added to the wines from wine-growing zone B, provided that the referred to in Article 1 to give them special taste natural alcoholic strength of each constituent qualities. is at least 6° ;

however, in years when climatic conditions are Article 4 exceptionally bad, the limit mentioned in the preceding subparagraph may be raised to 35° , 1 . The drawn-off« liquid may contain only yeast and provided that the natural alcoholic strength of each constituent of the cuvée . is at least 6° ; — grape must, — grape must still in fermentation, — 2° for a cuvée composed of constituents from wine-growing zones C I , C II or C III , — concentrated grape must provided that the natural alcoholic strength of or each constituent is at least 7° , 8° or 8 5° , — sucrose and wine . respectively.

The above limits in no way prejudge the applica­ 2. The dose may contain only tion of the second subparagraph of Article 27 (3) — sucrose , (a) of Regulation (EEC) No 816/70 to cuvées — grape must, intended for preparation of sparkling wines and, up to 31 August 1987, to cuvées intended for prep­ — grape must still in fermentation , aration of quality sparkling wines other than — concentrated grape must, quality sparkling wines produced in specified — wine regions ;

or (e) the method used is addition of dry sucrose or of — a mixture thereof, concentrated grape musts ;

with the possible addition of distilled wine. (f) enrichment by the method used is practised in the Member State concerned, either traditionally or exceptionally, in accordance with the rules Article 5 existing on the date of entry into force of this Regulation . 1 . Without prejudice to enrichment authorized pursuant to Regulation (EEC) No 816/70 and, where appropriate, Regulation ( EEC) No 817/70 , for the 2 . The addition of drawn-off liquid and dosage constituents of a cuvée, any enrichment of the cuvée shall be considered neither as enrichment nor as shall be prohibited . sweetening.

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The addition of drawn-off liquid may not cause an Article 7 increase in the total alcoholic strength of the cuvee of more than 1-5° . 1 . Member States shall exercise supervision over the production and marketing of the wines referred to in Dosage shall be carried out in such a way as not to Article 1 . » increase the actual alcoholic strength of the wines referred to in Article 1 by more than 0-5° . 2 . Producers of the wines referred to in Article 1 3. Sweetening of the cuvee and its constituents shall be required to make a declaration to this effect shall be prohibited . to the competent authority of the Member State on whose territory such wine is prepared . 4. In addition to any acidification or deacidification of the constituents of the cuvee in accordance with Without prejudice to Article 29 of Regulation (EEC) Regulation (EEC) No 816/70, the cuvee may be No 816/70 , the producers of the wines referred to in subject to acidification or deacidification . Article 1 shall keep registers of raw materials, cuvees Acidification and deacidification of the cuvee shall be and processing. mutually exclusive . 3 . Implementing rules for this Article, particularly Acidification may be carried out only up to a as regards the nature of the supervision, shall be maximum of 1-5 g/1, expressed as tartaric acid, i.e. 20 adopted in accordance with the procedure laid down milliequivalents per litre. in Article 7 of Regulation No 24. In years of exceptional climatic conditions, the maximum limit of 1-5 g/1, or 20 milliequivalents per litre, may be raised to 2-5 g/1, or 34 milliequivalents Article 8 per litre, provided that the natural acidity of the product is not less than 3 g/1, expressed as tartaric 1 . The wines referred to in Article 1 may be bottled acid, or 40 milliequivalents per litre. only in glass bottles, and stopped with a 'mushroom' cork which has a seal and is wired to the bottle . 5. Implementing rules for this Article, particularly the authorizing of the exceptional enrichment or acidi­ fication referred to in the second subparagraph of the They shall not be kept for marketing nor placed on first indent and the second subparagraph of the the market except in bottles with a label identifying second indent of paragraph 1 (d) and the last subpara­ them and a foil covering the whole of the cork and neck of the bottle . graph of paragraph 4, shall be adopted in accordance with the procedure laid down in Article 7 of Regula­ tion No 24 (*). 2. The wines referred to in Article 1 may only bear the markings : Article 6 — 'brut' : if their residual sugar content is less than 15 g/1 ; 1 . The carbon dioxide contained in the wines — 'extra-dry' : if their residual sugar content is referred to in Article 1 may be produced only as a between 12 g/1 and 20 g/1 ; result of the alcoholic fermentation of the cuvee from — 'sec' : if their residual sugar content is which such wine has been prepared. between 17 g/1 and 35 g/1 ; 2. Except in the case of fermentation intended to — 'demi-sec' : if their residual sugar content is transform grapes or grape must or grape must still in between 33 g/1 and 50 g/1 ; fermentation directly into sparkling wine, this fermen­ — 'doux' : if their residual sugar content is tation may only result from the addition of drawn-off more than 50 g/1 . liquid .

It may only take place in bottles or closed vats . 3 . Implementing rules for this Article and possible 3 . The use of carbon dioxide in the process of derogations from paragraph 1 shall be laid down in transfer by counter pressure shall be authorized under accordance with the procedure provided for in Article supervision and provided that it does not increase the 7 of Regulation No 24 . pressure of the carbon dioxide contained in the wines referred to in Article 1 . Article 9 4. Implementing rules for this Article shall be adopted in accordance with the procedure laid down in Article 7 of Regulation No 24 . 1 . The provisions laid clown in this Regulation, except those referred to in Article 7, shall not apply to ') OJ No 30, 20 . 4. 1962, p . 989 / 62 . dietetic sparkling wines .

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2. Rules applicable to the marketing of such Article 14 dietetic wines and designed to prevent confusion between the latter and the wines referred to in Article The actual alcoholic strength of quality sparkling 1 shall be adopted in accordance with the procedure wines, including the alcohol contained in the dose laid down in Article 7 of Regulation No 24. which may be added, shall be not less than 10° .

TITLE II Up to 31 August 1987, this provision in no way prejudges the application of the second subparagraph Special provisions on sparkling wines of Article 27 (3) (a) of Regulation (EEC) No 816/70 .

Article 10 Article 15 The total alcoholic strength of the cuvees intended for the preparation of sparkling wines shall be not less than 8-5° . 1 . In preparing the drawn-off liquid intended for the preparation of quality sparkling wine, only the Article 11 following may be used in addition to yeasts and sucrose : Without prejudice to the second paragraph of Article 27 (3) (a) of Regulation (EEC) No 816/70, the actual — grape must or grape must still in fermentation alcoholic strength of sparkling wines, including the from which a wine suitable for yielding a table alcohol contained in the dose which may be added wine can be obtained, shall be not less than 9-5° . — wines suitable for yielding a table wine, Article 12 — table wines 1 . Without prejudice to more restrictive provisions or that Member States may impose on sparkling wines produced within their territory, the total sulphur — quality wines psr. dioxide content of sparkling wines shall not exceed 250 mg/1 . 2. Notwithstanding item 12 of Annex II to Regula­ tion ( EEC) No 816/70 , quality sparkling wines, when However, until 31 August 1976 the maximum sulphur kept at a temperature of 20 0 C in closed containers, dioxide content shall be raised to 300 mg/1 for spar­ shall have an overpressure of not less than 3-5 atmos­ kling wines produced in Community regions in which pheres . levels higher than that referred to in the first subpara­ graph are allowed on the . date of entry into force of this Regulation . However, for quality sparkling wines kept in containers of capacity less than 25 cc, the minimum 2. The Council, acting on a proposal from the overpressure shall be 3 atmospheres. Commission, in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, may before 30 June 1976, extend the period referred to in the Article 16 second subparagraph of paragraph 1 while taking account of the need to reduce in progressive stages the maximum sulphur dioxide content referred to in this 1 . Without prejudice to more restrictive provisions subparagraph . This reduction shall be decided in that Member States may impose on quality sparkling accordance with the same procedure. wines produced within their territory, the total sulphur dioxide content of quality sparkling wines 3 . The implementing rules for this Article and the shall not exceed 200 mg/1 . transitional measures for sparkling wines produced before the date of entry into force of this Regulation shall be adopted in accordance with the procedure However, for a period ending on 31 August 1976 and laid down in Article 7 of Regulation No 24. for quality sparkling wines produced in Community regions in which levels higher than that referred to in the first subparagraph are allowed on the date of entry TITLE III into force of this Regulation , the maximum sulphur dioxide content shall be raised to 250 mg/ 1 . Special provisions on quality sparkling wines 2 . The Council , acting on a proposal from the Article 13 Commission , in accordance with the voting procedure The total alcoholic strength of the cuvees intended for laid down in Article 43 ( 2 ) of the Treaty , may , before the preparation of quality sparkling wines shall be not 30 June 1976 , extend the period referred to in the less than 9° . second subparagraph of paragraph 1 , while taking

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account of the need to reduce in progressive stages the referred to under this Title and produced within their maximum sulphur dioxide content referred to in this territory. subparagraph . This reduction shall be decided in accordance with the same procedure.

TITLE IV 3. The implementing rules for this Article and in particular the transitional measures for quality spar­ kling wines produced before the date of entry into Final provisions force of this Regulation shall be adopted in accor­ dance with the procedure laid down in Article 7 of Regulation No 24. Article 20

Article 17 1 . The analytical methods required to implement this Regulation shall be those laid down pursuant to Regulation (EEC) No 816/70 . 1 . The duration of the process for making quality sparkling wines, including ageing in the production 2. However, where no Community methods of undertaking, may not be less than nine months from analysis are laid down the analytical methods appli­ the start of fermentation designed to make the wines cable shall be : effervescent . (a) those contained in Annex A of the International 2. The duration of this fermentation process and of Convention for the Unification of Methods of the presence of the wine on the lees may not be less Analysis and Appraisal of Wines of 13 October than 60 days. However, if fermentation takes place in 1954, containers equipped with shaking devices, the (b) or, where no such methods are laid down in that minimum period shall be 21 days. Annex, those traditionally employed in the Member State concerned . 3 . Implementing rules for this Article shall be laid down in accordance with the procedure provided for in Article 7 of Regulation No 24. Article 21

The Member States and the Commission shall commu­ Article 18 nicate to each other the data required for imple­ menting this Regulation . The arrangements for 1 . Quality sparkling wines of the aromatic type communication and dissemination of these data shall may only be obtained from the varieties of vine listed be adopted in accordance with the procedure laid in the Annex, and in accordance with traditional prac­ down in Article 7 of Regulation No 24 . tice. Dosing shall be prohibited.

2. Notwithstanding Article 14, the actual alcoholic Article 22 strength of quality sparkling wines of the aromatic type shall not be less than 6° . Should it prove necessary to adopt transitional measures in order to facilitate conversion to the The total alcoholic strength of quality sparkling wines system introduced by this Regulation , particularly if of the aromatic type shall be not less than 10° . serious difficulties are encountered in implementing this system by the prescribed date, such measures 3 . Notwithstanding Article 15 (2), quality sparkling shall be adopted in accordance with the procedure wines of the aromatic type, when kept at a tempera­ laid down in Article 7 of Regulation No 24. They ture of 20 °C in closed recipients shall have an over­ shall apply until 31 August 1976 at the latest . pressure of not less than 3 atmospheres.

4. Notwithstanding Article 17, the duration of the Article 23 preparation process for quality sparkling wines of the aromatic type shall not be less than one month . 1 . This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. Article 19 2 . It shall be applicable as from 1 September 1975, Producer Member States may specify any additional or with the exception of Article 22 which shall be appli­ more stringent characteristics or conditions of produc­ cable as from the date of entry into force of this Regu­ tion and movement for the quality sparkling wines lation .

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

Done at Brussels, 18 November 1974. For the Council

The President

Ch . BONNET

ANNEX

List of the varieties of vine from which the quality sparkling wines of the aromatic type may be obtained

Aleatico N Monica N Clairette Mauzac blanc and rose Gewürztraminer Muscats (all) Giro 'N Perle Huxelrebe Prosecco Malvasia (all) Scheurebe