Council Regulation (EEC) No 823/87 of 16 March 1987 laying down special provisions relating to quality wines produced in specified regions

• Coming into Force: 01 April 1987
• End of Effective Date: 31 July 2000
• Celex Number: 31987R0823
• ELI: http://data.europa.eu/eli/reg/1987/823/oj
• Published date: 27 March 1987
• Date: 16 March 1987
• Official Gazette Publication: Gazzetta ufficiale delle Comunità europee, L 84, 27 marzo 1987

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Council Regulation (EEC) No 823/87 of 16 March 1987 laying down special provisions relating to quality wines produced in specified regions

Official Journal L 084 , 27/03/1987 P. 0059 - 0068
Finnish special edition: Chapter 3 Volume 23 P. 0065
Swedish special edition: Chapter 3 Volume 23 P. 0065

COUNCIL REGULATION (EEC) N 823/87 of 16 March 1987 laying down special provisions relating to quality wines produced in specified regions

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament(1),

(1)OJ N C 46, 23. 2. 1987.

Whereas the provisions concerning qualtity wines produced in specified regions, hereinafter called 'quality wines psr', have been amended a number of times since their consolidation by Council Regulation (EEC) N 338/79(2), as last amended by Regulation (EEC) N 539/87(3); whereas, by reason of their number and their dispersal among various issues of the Official Journal of the European Communities, the relevant provisions are difficult to use and lack the clarity which should be an essential feature of all legislation; whereas they should therefore be consolidated afresh;

(2)OJ N L 54, 5. 3. 1979, p. 48.

(3)OJ N L 55, 25. 2. 1987, p. 6.

Whereas Council Regulation (EEC) N 822/87 of 16 March 1987 on the common organization of the market in wine(4) provides for a system which, insofar as its scope is not restricted to other products, applies also to quality wines psr; whereas that system embraces in particular certain common rules on production;

(4)See p. 1 of this Official Journal.

Whereas, in order to maintain a minimum quality standard for quality wines psr, to avoid an uncontrollable extension of the production of such wines and to harmonize the provisions of the Member States so as to establish conditions of fair competition in the Community, a framework of Community rules should be adopted, governing the production and control of quality wines psr, with which the specific provisions adopted by the Member States must comply; whereas similar rules should also be laid down for quality sparkling wines produced in specified regions, hereinafter callied 'quality sparkling wines psr', as referred to in Regulation (EEC) N 358/79(5);

(5)OJ N L 54, 5. 3. 1979, p. 150.

Whereas the development of a policy of encouraging quality production in agriculture and especially in wine growing is bound to contribute to the improvement of conditions on the market and, as result, to an increase in outlets; whereas the adoption of additional common rules in line with Regulation (EEC) N 822/87 which concern the production and control of quality wines psr falls within the framework of this policy and can contribute towards the attainment of these objectives;

Whereas, taking into account traditional conditions of production, the nature and scope of the factors which enable each of the quality wines psr to be distinguished must be listed and defined; whereas a common attempt to harmonize quality requirements must nevertheless be made;

Whereas, in order to ensure that quality wines psr keep their particular quality characteristics, the area of production should be demarcated on the basis of natural criteria; whereas there should be clear demarcation so as to enable the quantity of wine available on the market to be better controlled;

Whereas the choice of vine variety is a decisive factor for the formation of the particular quality characteristics of each of the quality wines psr; whereas, in order to develop these characteristics, Member States should stipulate what vine varieties are to be grown, drawing up a list of varieties for each of the wines; whereas, having regard to customs in wine-growing, these lists should be restricted to varieties of the species Vitis vinifera in the recommended or authorized categories; whereas provision should be made, however, for a Community procedure for revising the rules for drawing up the lists in question to take account of scientific progress without reducing the quality level of the wines thus obtained;

Whereas, in order to ensure that the removal of a vine variety from the categories of recommended or authorized vine varieties does not give rise to a loss in income without a transitional period for producers cultivating such a variety, the grapes obtained from that variety should be allowed to be used for producing a quality wine psr during a given period, provided that such grapes have been used legally for such a purpose before the change in category of the variety in question;

Whereas Member States should be able to prescribe certain practices in wine-growing aimed at exerting a favourable influence on the quality of quality wines psr and preventing excessive yields; whereas, in this context, it should be laid down that irrigation may not be carried out without the authorization of the Member State; whereas such authorization may be granted only in exceptional ecological conditions;

Whereas a policy geared to the development of the particular quality characteristics of each quality wine psr involves measures to ensure the authenticity of the grapes after harvesting and during the wine-making process; whereas, similarly, the use of a geographical name to describe a quality wine should indicate, on the one hand, the area of production of the grapes from which the wine was made and, on the other hand, a set of growing and oenological practices which may have been followed; whereas it should therefore be laid down that quality wines psr and quality sparkling wines psr must be made, save where exceptions are granted, within the specified region whose name the wine in question bears;

Whereas the natural alcoholic strength by volume of grapes at the time of harvest is a factor in assessing their degree of ripeness; whereas it appears necessary to fix the minimum natural alcoholic strength by volume of quality wines psr in the various wine-growing regions at a level such as to ensure, even in poor years, that the grapes used in their manufacture have reached a satisfactory degree of ripeness;

Whereas, as regards the development of the particular quality characteristics of each quality wine psr, Member States should be given a certain amount of freedom to specify the wine-making and preparation methods for each wine within the framework of the oenological practices permitted in the Community; whereas, however, in view of the need to maintain a certain standard of quality and avoid distortions of competition between the various specified regions, certain conditions should be laid down at Community level with which Member States must comply when laying down rules for enrichment, acidification, deacidification and sweetening;

Whereas it may prove necessary, in some years, to permit the enrichment of products suitable for the production of a quality wine psr or a quality sparkling wine psr; whereas, consequently, the exceptional enrichment of table wines which is provided for in Article 18 (2) of Regulation (EEC) N 822/87 should be dissociated from that of quality wines psr and quality sparkling wines psr as regards the possibility of authorizing it in the wine-growing area concerned;

Whereas, in order to preserve as far as possible the specific character bestowed by its origin on each quality wine psr and to simplify the work of the inspection agencies, such wine may, except in certain cases to be determined, be sweetened only within the specified region in question and solely by means of a product originating in the same region in accordance with rules to be laid down within certain limits by Member States;

Whereas, in order to maintain the quality standard of the wines in question and to avoid excessive yields liable to disrupt the market, Member States should fix a maximum yield per hectare for each quality wine psr; whereas adjustments to those yields should be permitted, to take account of the influence of natural conditions varying from one year to the next on the degree of ripeness of the grapes; whereas, to ensure that the yield per hectare is observed, it should be laid down that, save where exceptions are made, the designation claimed may not be used for products obtained in excess of the permitted yield;

Whereas, to encourage producers to keep a constant watch on the quality of quality wines psr, and in particular the development of their special characteristics, it should be laid down that such wine is to be subjected to an analytical test and to an organoleptic test...