31976R1161

24 . 5 . 76 Official Journal of the European Communities No L 135/27

COUNCIL REGULATION ( EEC) No 1161/76

of 17 May 1976

amending Regulation ( EEC) No 817/70 laying down special provisions relating to quality wines produced in specified regions

THE COUNCIL OF THE EUROPEAN al increase in alcoholic strength in the wine­ COMMUNITIES , growing area concerned ;

Whereas, in order to preserve as far as possible the Having regard to the Treaty establishing the Euro­ specific character bestowed by its origin on each pean Economic Community, and in particular quality wine psr and to simplify the work of the Article 43 thereof, inspection agencies , such wine may , except in certain Having regard to the proposal from the Commission , cases to be determined, be sweetened only within the specified region in question and solely by means Having regard to the opinion of the European of products originating in the same region in accor­ Parliament (*), dance with rules to be laid down within certain limits by the Member States ; Having regard to the opinion of the Economic and Social Committee (2), Whereas , in order to ensure uniform application Whereas Council Regulation ( EEC) No 817/70 of of the provisions relating to quality wines psr, 28 April 1970 laying down special provisions relating provision should be made for the possibility of to quality wines produced in specified regions (3), establishing methods of analysis to deal with specific as last amended by Regulation ( EEC) No 2894/ cases ; 74 (4), should be amended in the light of experience gained on the market in quality wines produced in Whereas , in order to make Article 12 (3) of Regula­ specified regions ; tion ( EEC) No 817/70 as clear as possible, the phrase , ' without prejudice to the provisions of Article 30 (2) Whereas the natural alcoholic strength of grapes at and (3) of Regulation ( EEC) No 816/70 ' should be the time of harvest is a factor in assessing their deleted ; whereas , however, in order to enable the degree of ripeness ; whereas it appears necessary to Member States to comply gradually with the prin­ fix the minimum natural alcoholic strength in ciple laid down in that provision , they should be quality wines psr in the various wine-growing permitted in certain exceptional cases to depart from regions at a level such as to ensure, even in poor that principle during a transitional period of five years, that the grapes used in their manufacture had years ; reached a satisfactory degree of ripeness ; whereas the natural alcoholic strength of quality wines psr Whereas certain mistakes concerning Article 9 ( 1 ) should therefore be increased by 0*5° in each wine­ and the German text of Article 11 ( 1 ) of Regulation growing zone ; ( EEC) No 817/70 should be corrected, Whereas it may prove necessary, in order to preserve the quality of quality wines psr, to permit the increase in alcoholic strength provided for in exceptional cir­ HAS ADOPTED THIS REGULATION : cumstances in Article 18 (2) of Council Regulation ( EEC) No 816/70 laying down additional provisions for the common organization of the market in wine (6), as last amended by Regulation (EEC) Article 1 No 1160/76 (6), in respect only of table wines and not of quality wines psr ; whereas table wines should therefore be dissociated from quality wines psr as Article 6 of Regulation ( EEC) No 817/70 shall be regards the possibility of authorizing such exception­ replaced by the following :

x) OJ No C 179, 6, 8 . 1975 , p. 36. ' Article 6 2) OJ No C 108 , 15 . 5 . 1975 , p . 65 . 8) OJ No L 99, 5 . 5. 1970, p. 20. 1 . Each Member State shall fix a minimum 4) OJ No L 310, 21 . 11 . 1974, p. 7. 5) OJ No L 99, 5. 5 . 1970, p. 1 . natural alcoholic strength for each of the quality (®) See page 1 of this Official Journal . wines psr obtained in its territory. When this

No L 135/28 Official Journal of the European Communities 24 . 5 . 76

natural alcoholic strength is being determined The increase provided for in this paragraph may account shall be taken in particular of the alco­ be effected only according to the methods and holic strengths which have been recorded over conditions mentioned in Article 19 of Regula­ the 10 preceding years. Only satisfactory har­ tion ( EEC) No 816/70 excluding the second vests from the most representative soils of the subparagraph of paragraph 3 and paragraph 6 specified region shall be considered. thereof. However, until 30 June 1979, sucrose may be 2. Subject to any derogation granted in accor­ added in aqueous solution in wine-growing dance with the procedure laid down in Article 7 zone A, provided that the volume of the product of Regulation No 24, the alcoholic strengths to which the solution is added is not thereby provided for in paragraph 1 may not be less than increased by more than 10 % . the following : 3 . Article 5 of Regulation ( EEC) No 2893 /74 — 6*5 in zone A, shall apply as regards the enrichment of cuvees — 7*5° in zone B, intended for the preparation of quality sparkling wines psr. — 8*5° in zone C la , 4. The total alcoholic strength of quality wines — 9° in zone C lb, psr shall not be less than 9°. However, for — 9'5° in zone C II, certain white quality wines psr that have been subject to no enrichment the minimum total — 10° in zone C III . alcoholic strength shall be 8*5° . The zones referred to above are those laid down The actual alcoholic strength of quality spark­ in Annex III to Regulation ( EEC) No 816/70.' ling wines psr, including the alcohol contained in any dose added, shall be not less than 10°. However, for quality sparkling wines psr of the Article 2 aromatic type, the minimum actual strength shall be 6° .

Article 7 of Regulation ( EEC) No 817/70 shall be 5 . The total alcoholic strength of cuvees inten­ replaced by the following : ded for the preparation of quality sparkling wines psr shall be not less than 9*5° in wine­ growing zone C III and 9° in the other wine­ ' Article 7 growing zones . However, cuvees intended for the preparation 1 . The specific wine-making and preparation of certain quality sparkling wines psr whose methods used for obtaining quality wines psr designation refers to the variety of vine may and quality sparkling wines psr shall be defined have a total alcoholic strength below that stipu­ for each of those wines by each producer Member State concerned . lated in the preceding subparagraph in respect of the wine-growing zone concerned.

2 . Where climatic conditions in one of the wine­ 6. A list of the quality wines psr referred to in growing zones referred to in Article 6 have ren­ the second sentence of the first subparagraph dered it necessary, the Member States concerned of paragraph 4 shall be drawn up according to may authorize an increase in the actual or poten­ the procedure provided for in Article 7 of Regu­ tial natural alcoholic strength of fresh grapes , lation No 24. grape must, grape must in fermentation, new wine still in fermentation and wine suitable for A list of the quality sparkling wines psr referred to in the second subparagraph of paragraph 5 yielding quality wine psr. and of the minimum total alcoholic strength This increase may not exceed the limits laid down of their respective cuvees shall be drawn up in Article 18 ( 1) of Regulation ( EEC) No 816/70. according to the same procedure.'

In years when climatic conditions have been exceptionally unfavourable, the increase in alco­ Article 3 holic strength provided for in the first subpara­ graph may, in accordance with the procedure Article 8 of Regulation ( EEC) No 817/70 shall be laid down in Article 7 of Regulation No 24, replaced by the following : attain the limits laid down in Article 18 (2) of Regulation ( EEC) No 816/70. Such authori­ ' Article 8 zation shall not prejudice the possibility of a similar authorization for table wines as provided 1 . Conditions and limits for the acidification for in that Article . and deacidification of fresh grapes, grape must,

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grape must in fermentation and new wine still ' Article 11 in fermentation and the procedure for granting derogations shall be those laid down in Article 20 1 . Producers shall be obliged to submit wines of Regulation ( EEC) No 816/70. which are likely to be designated "quality wine psr" to an analytical test and to an organoleptic Article 5 of Regulation ( EEC) No 2893/74 shall test : apply as regards the acidification and deacidifi­ cation of cuvees intended for the preparation of (a) The analytical test shall at least include an quality sparkling wines psr. assessment of the characteristic elements of the quality wine psr in question, as listed in 2. The sweetening of a quality wine psr may the Annex to this Regulation. be authorized by a Member State only if it is carried out : The upper and lower limits for those elements shall be laid down by the producer Member — in compliance with the conditions and limits State in respect of each of the quality wines stipulated in Article 21 of Regulation (EEC) psr . No 816/70, ( b) The organoleptic test shall concern colour, — within the specified region in which the wine clarity, smell and taste. was produced, or within a region bordering directly on it, except in certain cases to be determined , 2. Until appropriate provisions relating to their systematic and general application are adopted — using grape must or concentrated grape must by the Council, acting in accordance with the originating in the same specified region as voting procedure provided for in Article 43 (2) the wine in question, provided that this of the Treaty on a proposal from the Commis­ concentrated grape must has been notified in sion, the tests provided for in paragraph 1 may accordance with the third subparagraph of be carried out on samples taken by the competent Article 22 ( 1 ) of Regulation ( EEC) No 816/70. agency designated by each of the Member States . The regions bordering directly on the specified region and the exceptions referred to in the 3 . Where this Regulation requires for its imple­ preceding paragraph shall be determined in mentation the use of methods of analysis other accordance with the procedure laid down in than those referred to in Article 39 of Regulation Article 7 of Regulation No 24.' ( EEC) No 816/70, such methods shall be adopted in accordance with the procedure laid down in Article 7 of Regulation No 24.

Article 4 4. Detailed rules for the application of para­ graph 1 , in particular for the use made of wines Article 9 of Regulation ( EEC) No 817/70 shall be which do not satisfy the requirements of the tests replaced by the following : in question or the conditions governing such use, shall be adopted in accordance with the pro­ cedure laid down in Article 7 of Regulation '' Article 9 No 24.'

Each of the enrichment, acidification and deacid­ ification methods referred to in Articles 7 Article 6 and 8 ( 1 ) shall be authorized only if carried out under the conditions laid down in Article 22 of Regulation ( EEC) No 816/70. Article 12 of Regulation (EEC) No 817/70 shall be replaced by the following : Subject to the provisions of Article 5 (2), such operations may be carried out only in the speci­ fied region where the fresh grapes used have ' Article 12 been harvested.'

1 . The Community expression "quality wine psr" or any specific expression traditionally Article 5 used in Member States to designate particular wines, may be used only for wines which comply Article 11 of Regulation ( EEC) No 817/70 shall be with the provisions of this Regulation and with replaced by the following : those adopted in application thereof.

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2. Without prejudice to any additional expres­ subject to conditions to be determined of the sions which may be allowed by national laws , names of certain specified regions to describe and subject to national provisions on the wines table wines for which such names are tradition­ in question being observed, the specific expres­ ally used . sions traditionally used which are referred to in paragraph 1 shall be the following : 4 . A quality wine psr shall be sold under the name of the specified region granted it by the ( a) Germany : producer Member State. — until 19 July 1971 , descriptions stating No wine which satisfies the provisions of this the origin of the wines , accompanied by Regulation and those adopted in application the expression " Naturwein ", " Originalab­ thereof may be sold without the expression fullung ", " Spatlese", " Auslese", " Beere­ " quality wine psr ", or without one of the speci­ nauslese " or "Trockenbeerenauslese ", fic expressions traditionally used which are — from 20 July 1971 , an indication of the referred to in paragraphs 1 and 2 . However, origin of the wine , accompanied by the a quality sparkling wine psr may not be sold expression " Qualitatswein ", or by the without being marked " quality sparkling wine expression " Qualitatswein mit Pradikat ", psr" or without a traditionally equivalent speci­ fic term as referred to in paragraph 2a . together with one of the following expres­ sions " Kabinett ", " Spatlese ", " Auslese ", The term " quality wine psr " or " quality spark­ " Berenauslese " or "Trockenbeerenaus­ ling wine psr", whichever is appropriate, together lese" ; with the name of the specified region concerned must appear on the accompanying document ( b ) France : referred to in Article 29 ( 1 ) of Regulation ( EEC) No 816/70 . " Appelation d'origine contrôlée", " Appel­ lation contrôlée", " Champagne" and " Vin délimité de qualité supérieure"; 5 . The downgrading of a quality wine psr may be effected at the production stage under condi­ ( c ) Italy : tions laid down by national rules ; it may be effected at the marketing stage only where the " Denominazione di origine controllata " and properties of the quality wine psr in question " Denominazione di origine controllata e have deteriorated or changes as a result of a garantita "; change noted during maturing, storage or transport . (d) Luxembourg :

" Marque nationale du vin luxembourgeois ." 6 . Detailed rules for the application of this Article, in particular for the use given to down­ 2a . The Community term " quality sparkling graded quality wines psr and the conditions wines , psr" or any traditionally equivalent governing such use , shall be adopted in accor­ specific term may be used only for quality dance with the procedure laid down in Article 7 sparkling wines psr. of Regulation No 24.'

A quality sparkling wine psr which has under­ gone the process rendering it effervescent out­ Article 7 side a specified region may only bear the name of that region : Article 15 of Regulation ( EEC) No 817/70 shall be — if the conditions referred to in the third sub­ replaced by the following : paragraph of Article 5 (2) are fulfilled, and

— if such a designation is allowed under the laws of the Member State in whose territory ' Article 15 the grapes were harvested. In addition to the provisions laid down in this 3 . The name of a specified region may be used Regulation , producer Member States may, to describe a wine only if it is a quality wine taking into account fair and traditional practices , psr . lay down any additional or more stringent characteristics or conditions of production and However, the Council, acting in accordance movement for the quality wines produced in with the voting procedure laid down in Article 43 specified regions within their territory. (2) of the Treaty on a proposal from the Com­ mission, may authorize, for a transitional pe­ They may, in particular, impose limits on the riod which expires on 31 August 1981 , the use maximum residual sugar content of a quality

24 . 5 . 76 Official Journal of the European Communities No L 135/31

wine psr, especially on the ratio between the Article 9 actual alcoholic strength and the residual sugar . ' This Regulation shall enter into force on the third Article 8 day following its publication in the Official Journal of the European Communities. Article 17 of Regulation ( EEC) No 817/70 is hereby repealed. This Regulation shall apply from 1 September 1976 .

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

Done at Brussels, 17 May 1976 .

For the Council

The President

J. HAMILIUS