31977R1679

27 . 7 . 77 No L 187/ 15 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 1679/77 of 19 July 1977 amending Regulations (EEC) No 816/70, (EEC) No 2893/74 and (EEC) No 817/70 as regards the maximum total sulphur dioxide content of wines other than liqueur wines

THE COUNCIL OF THE EUROPEAN that the Member States may permit an increase in the COMMUNITIES, maximum total sulphur dioxide content for wines produced within their territory ; whereas, however, it is Having regard to the Treaty establishing the European important, in the interests alike of quality and of the Economic Community, and in particular Article 43 market, for this possibility to be subject to the limits thereof, and conditions appropriate to the types of wines concerned ; Having regard to the proposal from the Commission,

Whereas provision should be made for the possibility Having regard to the opinion of the European Parlia­ of reductions being made in the future in the ment ( ! ), maximum sulphur dioxide content in keeping with scientific and technical developments ; Having regard to the opinion of the Economic and Social Committee (2), Whereas time should be allowed in order to facilitate Whereas Article 26a of Council Regulation (EEC) No the changeover to the levels referred to in this Regula­ 8 1 6/70 of 28 April 1 970 laying down additional provi­ tion ; whereas, therefore, the final date 28 February sions for the common organization of the market in 1978, for the validity of the present levels, should be wine (3), as last amended by Regulation (EEC) No postponed until 31 August 1978, 1 677/77 (4), laid down the maximum sulphur dioxide content of wines for direct human consumption, other than sparkling wines and liqueur wines ; whereas these provisions should be revised taking account of the need to reduce the said content as far as the present state of oenological knowledge of wine­ HAS ADOPTED THIS REGULATION : making and of the preservation of wines allows ;

Whereas in the case of the sparkling wines and quality sparkling wines referred to in Council Regula­ Article 1 tion (EEC) No 2893/74 of 18 November 1974 on sparkling wines produced in the Community and specified in item 12 of Annex II to Regulation (EEC) Article 26a of Regulation (EEC) No 816/70 shall be No 81 6/70 (5), as last amended by Regulation (EEC) replaced by the following : No 529/77 (6), and of the quality sparkling wines produced in specified regions referred to in Council 'Article 26a Regulation (EEC) No 817/70 of 28 April 1970 laying down special provisions relating to quality wines 1 . Without prejudice to any more restrictive produced in specified regions (7), as last amended by Regulation (EEC) No 529/77, the present state of provisions that Member States may apply to wines oenological knowledge does not allow reduction of produced within their territory, the total sulphur the total sulphur dioxide content at present laid down dioxide content of wines, other than sparkling as a general rule for such wines, but does allow repeal wines and liqueur wines, on their release to the of the derogations provided for in this field ; market for direct human consumption , may not exceed : Whereas, in order to take account of the climatic conditions in certain years, it is essential to stipulate (a) 175 milligrams per litre for red wines ;

(b) 22 milligrams per litre for white and rose (•) OJ No C 163, 11 . 7 . 1977, p. 72. wines . (2 ) Opinion delivered on 22 June 1977 (not yet published in the Official Journal). (3 ) OJ No L 99, 5 . 5 . 1970, p. 1 . (4) See page 6 of this Official Journal . 2. By way of derogation from paragraph 1 , the (5) OJ No L 310 , 21 . 11 . 1974, p. 1 . maximum sulphur dioxide content shall be raised (*) OJ No L 69 , 16 . 3 . 1977, p. 2. to : 7) OJ No L 99 , 5 . 5 . 1970 , p. 20 .

No L 187/ 16 27 . 7 . 77 Official Journal of the European Communities

(a) 225 milligrams per litre for red wines and 275 6. Detailed rules for application of this Article, milligrams per litre for white and rose wines the decision referred to in paragraph 4, and transi­ where their residual sugar content, expressed as tional measures concerning wines produced before invert sugar, is not less than five grams per 1 September 1978 , shall be adopted in accordance litre ; with the procedure laid down , in Article 7 of Regu­ lation No 24.' (b) 300 milligrams per litre for wines qualifying for the description "Spatlese", in accordance with Community provisions, and quality white Article 2 wines psr entitled to the registered designation of origin Bordeaux superieur, Graves de Vayres, Article 12 of Regulation (EEC) No 2893/74 shall be Cotes de Bordeaux St Marcaire , Premieres replaced by the following : Cotes de Bordeaux, Ste Foy Bordeaux ; 'Article 12 (c) 350 milligrams per litre for wines qualifying 1 . Without prejudice to any more restrictive for the description "Auslese", in accordance provisions which Member States may apply to with Community provisions, and white wines sparkling wines produced within their territory, described as "superior wine of designated the total sulphur dioxide content of sparkling origin" in accordance with Romanian legisla­ wines shall not exceed 250 milligrams per litre. tion and entitled to bear one of the following names : Murfatlar, Cotnari , Tirnave, Pietroasele, 2. Where climatic conditions have made this Valea Calugareasca ; necessary in certain wine-growing areas of the Community, the Member States concerned may (d) 400 milligrams per litre for wines qualifying for the descriptions "Beerenauslese" and authorize the maximum total sulphur dioxide "Trockenbeerenauslese" in accordance with content of the wine referred to in paragraph 1 and Community provisions, and quality white produced within their territory to be increased by wines psr entitled to the registered designa­ a maximum of 25 milligrams per litre on condi­ tion that wines which have benefited from such tions of origin Sauternes, Barsac, Cadillac, Cérons, Loupiac, Sainte-Croix-du-Mont, permission are not exported from the Member Monbazillac, Bonnezeaux, Quarts de Chaume, States in question . Coteaux du Layon, Coteaux de l'Aubance, 3. By 1 September 1981 the Council, acting on Graves Supérieures, Jurançon . a proposal from the Commission and in accor­ dance with the voting procedure laid down in 3. The list of wines given in paragraph 2 (b), (c) Article 43 (2) of the Treaty, shall decide on the and (d) may be amended by the Council acting on reduction in the maximum total sulphur dioxide a proposal from the Commission in accordance with the voting procedure laid down in Article 43 content in accordance with scientific knowledge (2) of the Treaty. and the development of technology. To this end, the Commission will present, by 1 April 1981 at 4 . Where climatic conditions have made this the latest, a report accompanied by suitable propo­ necessary it may be decided that the Member sals with the aim of reducing the said maximum States concerned may, in certain wine-growing content by at least 25 milligrams per litre, in so far areas of the Community, authorize, for wines as scientific knowledge and technological develop­ produced within their territory, the maximum ment allow. total sulphur dioxide levels of less than 300 milli­ 4. The detailed rules for the application of this grams per litre referred to in this Article to be Article and the transitional measures for sparkling increased by a maximum of 25 milligrams per litre . wines produced before the date of entry into force of this Regulation shall be adopted in accordance 5. By 1 September 1981 the Council, acting on with the procedure laid down in Article 7 of Regu­ lation No 24.' a proposal from the Commission and in accor­ dance with the voting procedure laid down in Article 43 (2) of the Treaty, shall decide on reduc­ Article 3 tions in the maximum total sulphur dioxide content of wines in accordance with scientific Article 16 of Regulation (EEC) No 2893/74 shall be knowledge and the development of technology, replaced by the following : with regard to the limits referred to in paragraphs 'Article 16 1 and 2. To this end , the Commission will present, by 1 April 1981 at the latest, a report accompanied 1 . Without prejudice to any more restrictive by suitable proposals with the aim of reducing the provisions which Member States may apply to maximum total sulphur dioxide levels in wine by quality sparkling wines produced within their terri­ at least 25 milligrams per litre in so far as scien­ tory, the total sulphur dioxide content of quality tific knowledge and technological development sparkling wines shall not exceed 200 milligrams allow . per litre .

27 . 7. 77 Official Journal of the European Communities No L 187/ 17

2. Where climatic conditions have made this authorize the maximum total sulphur dioxide necessary in certain wine-growing areas of the content of quality sparkling wines psr, produced Community, the Member States concerned may within their territory, to be increased by a authorize the maximum total sulphur dioxide maximum of 25 milligrams per litre on condition content of the wine referred to in paragraph 1 and that quality sparkling wines psr which have bene­ produced within their territory to be increased by fited from such permission are not exported from a maximum of 25 milligrams per litre on condi­ the Member States in question. tion that wines which have benefited from such 3. By 1 September 1981 the Council, acting on permission are not exported from the Member a proposal from the Commission and in accor­ States in question. dance with the voting procedure laid down in 3. By 1 September 1981 the Council, acting on Article 43 (2) of the Treaty, shall decide on the a proposal from the Commission and in accor­ reduction in the maximum total sulphur dioxide dance with the voting procedure laid down in content in accordance with scientific knowledge Article 43 (2) of the Treaty, shall decide on the and the development of technology. To this end, reduction in the maximum total sulphur dioxide the Commission will present, by 1 April 1981 at content in accordance with scientific knowledge the latest, a report accompanied by suitable propo­ and the development of technology. To this end, sals with the aim of reducing the said maximum the Commission will present, by 1 April 1981 at content by at least 25 milligrams per litre in so far the latest, a report accompanied by suitable propo­ as scientific knowledge and technological develop­ sals with the aim of reducing the said maximum ment allow. content by at least 25 milligrams per litre, in so far 4. The detailed rules for the application of this as scientific knowledge and technological develop­ ment allow. Article and the transitional measures for quality sparkling wines psr produced before the date of 4. The detailed rules for the application of this entry into force of this Regulation shall be Article and the transitional measures for quality adopted in accordance with the procedure laid sparkling wines produced before the date of entry down in Article 7 of Regulation No 24.' into force of this Regulation shall be adopted in accordance with the procedure laid down in Article 5 Article 7 of Regulation No 24.' The date '28 February 1 978' : Article 4 — in Article 26a of Regulation (EEC) No 816/70, Article 10b of Regulation (EEC) No 817/70 shall be — in Articles 12 and 16 of Regulation (EEC) No replaced by the following : 2893/74, 'Article 10b — in Article 10b of Regulation (EEC) No 817/70,

1 . Without prejudice to any more restrictive shall be replaced by '31 August 1978'. provisions which Member States may apply to quality sparkling wines psr produced within their Article 6 territory, the total sulphur dioxide content of quality sparkling wines psr shall not exceed 200 This Regulation shall enter into force on the third day milligrams per litre. following its publication in the Official Journal o] the European Communities. 2. Where climatic conditions have made this necessary in certain wine-growing areas of the It shall apply from 1 September 1978 , with the excep­ tion of Article 5 . Community, the Member States concerned may

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

Done at Brussels, 19 July 1977. For the Council

The President A. HUMBLET