Council Regulation (EEC) No 338/79 of 5 February 1979 laying down special provisions relating to quality wines produced in specified regions

• Published date: 05 March 1979
• Subject Matter: Wine
• Official Gazette Publication: Official Journal of the European Communities, L 54, 5 March 1979,Gazzetta ufficiale delle Comunità europee, L 54, 5 marzo 1979,Diario Oficial de las Comunidades Europeas #Edición especial 1985#03 Agricultura#Volumen 15,Journal officiel des Communautés européennes, L 54, 5 mars 1979

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31979R0338

Council Regulation (EEC) No 338/79 of 5 February 1979 laying down special provisions relating to quality wines produced in specified regions

Official Journal L 054 , 05/03/1979 P. 0048 - 0056
Greek special edition: Chapter 03 Volume 24 P. 0159
Spanish special edition: Chapter 03 Volume 15 P. 0207
Portuguese special edition Chapter 03 Volume 15 P. 0207

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COUNCIL REGULATION ( EEC ) NO 338/79

OF 5 FEBRUARY 1979

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 ( 1 ) ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,

WHEREAS COUNCIL REGULATION ( EEC ) NO 337/79 OF 5 FEBRUARY 1979 ON THE COMMON ORGANIZATION OF THE MARKET IN WINE ( 3 ) PROVIDES FOR A SYSTEM WHICH , IN SO FAR AS ITS SCOPE IS NOT RESTRICTED TO OTHER PRODUCTS , APPLIES ALSO TO QUALITY WINES PRODUCED IN SPECIFIED REGIONS ; WHEREAS THAT SYSTEM EMBRACES IN PARTICULAR CERTAIN COMMON RULES ON PRODUCTION ;

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 A RESULT , TO AN INCREASE IN OUTLETS ; WHEREAS THE ADOPTION OF ADDITIONAL COMMON RULES IN LINE WITH REGULATION ( EEC ) NO 337/79 WHICH CONCERN THE PRODUCTION AND CONTROL OF QUALITY WINES PRODUCED IN SPECIFIED REGIONS 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 PRODUCED IN SPECIFIED REGIONS TO BE DISTINGUISHED MUST BE LISTED AND DEFINED ; WHEREAS A COMMON ATTEMPT TO HARMONIZE QUALITY REQUIREMENTS MUST NEVERTHELESS BE MADE ;

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 HAD REACHED A SATISFACTORY DEGREE OF RIPENESS ;

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 32 ( 2 ) OF REGULATION ( EEC ) NO 337/79 SHOULD BE DISSOCIATED FROM THAT OF QUALITY WINES PSR AND SPARKLING QUALITY WINES PSR AS REGARDS THE POSSIBILITY OF AUTHORIZING IT IN THE WINE-GROWING AREA CONCERNED ;

WHEREAS , MOREOVER , SINCE ACIDITY IS A FACTOR IN ASSESSING THE QUALITY OF WINE AND IN DETERMINING ITS BEHAVIOUR , IT HAS APPEARED NECESSARY TO FIX THE MAXIMUM LEVEL OF ACIDIFICATION ;

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 THE MEMBER STATES ;

WHEREAS , IN ORDER TO ENSURE UNIFORM APPLICATION OF THE PROVISIONS RELATING TO QUALITY WINES PSR , PROVISION SHOULD BE MADE FOR THE POSSIBILITY OF ESTABLISHING METHODS OF ANALYSIS TO DEAL WITH SPECIFIC CASES ;

WHEREAS , IN ORDER TO PROTECT PRODUCERS FROM UNFAIR COMPETITION AND CONSUMERS FROM ERROR AND FRAUD , THE TERMS " QUALITY WINE PRODUCED IN A SPECIFIED REGION " AND " QUALITY SPARKLING WINE PRODUCED IN A SPECIFIED REGION " MUST BE RESERVED FOR WINES WHICH COMPLY WITH COMMUNITY PROVISIONS , WHILE USE OF TRADITIONAL SPECIFIC DESIGNATIONS MUST NOT BE EXCLUDED ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THIS REGULATION LAYS DOWN SPECIAL PROVISIONS FOR QUALITY WINES PRODUCED IN SPECIFIED REGIONS .

" QUALITY WINES PRODUCED IN SPECIFIED REGIONS " ( HEREINAFTER CALLED " QUALITY WINES PSR " ) MEANS WINES WHICH SATISFY THE PROVISIONS OF THIS REGULATION AND THOSE NATIONAL RULES ADOPTED PURSUANT THERETO .

THE LIST OF QUALITY WINES PSR ADOPTED BY THE MEMBER STATES PURSUANT TO THE PROVISIONS OF THIS REGULATION SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

" QUALITY SPARKLING WINES PRODUCED IN SPECIFIED REGIONS " ( HEREINAFTER CALLED " QUALITY SPARKLING WINES PSR " ) MEANS QUALITY WINES PSR WHICH COMPLY WITH THE DEFINITION IN POINT 13 OF ANNEX II TO REGULATION ( EEC ) NO 337/79 , WITH TITLE I OF REGULATION ( EEC ) NO 358/79 ( 4 ) AND WITH THIS REGULATION .

ARTICLE 2

1 . THE PROVISIONS REFERRED TO IN THE FIRST PARAGRAPH OF ARTICLE 1 SHALL , TAKING INTO ACCOUNT THE TRADITIONAL CONDITIONS OF PRODUCTION IN SO FAR AS THESE ARE NOT SUCH AS TO PREJUDICE THE POLICY OF ENCOURAGING QUALITY PRODUCTION AND THE CREATION OF A SINGLE MARKET , BE BASED ON THE FOLLOWING FACTORS :

( A ) DEMARCATION OF THE AREA OF PRODUCTION ;

( B ) VINE VARIETIES ;

( C ) CULTIVATION METHODS ;

( D ) WINE-MAKING METHODS ;

( E ) MINIMUM NATURAL ALCOHOLIC STRENGTH BY VOLUME ;

( F ) YIELD PER HECTARE ;

( G ) ANALYSIS AND ASSESSMENT OF ORGANOLEPTIC CHARACTERISTICS .

2 . IN ADDITION TO THE ABOVE FACTORS AND TAKING INTO ACCOUNT FAIR AND TRADITIONAL PRACTICES , MEMBER STATES MAY DETERMINE SUCH OTHER CONDITIONS OF PRODUCTION AND CHARACTERISTICS AS SHALL BE OBLIGATORY FOR QUALITY WINES PRODUCED IN SPECIFIED REGIONS .

ARTICLE 3

1 . " SPECIFIED REGION " MEANS A WINE-GROWING AREA OR COMBINATION OF WINE-GROWING AREAS WHICH PRODUCES WINE POSSESSING SPECIAL QUALITY CHARACTERISTICS AND WHOSE NAME IS USED TO DESIGNATE THOSE OF ITS WINES WHICH ARE DEFINED IN ARTICLE 1 .

2 . EACH SPECIFIED REGION SHALL BE PRECISELY DEMARCATED , AS FAR AS POSSIBLE ON THE BASIS OF THE INDIVIDUAL VINEYARD OR VINEYARD PLOT . SUCH DEMARCATION SHALL BE EFFECTED BY EACH OF THE MEMBER STATES CONCERNED AND SHALL TAKE INTO ACCOUNT THE FACTORS WHICH CONTRIBUTE TOWARDS THE QUALITY OF THE WINES PRODUCED IN THOSE REGIONS , SUCH AS THE NATURE OF THE SOIL AND SUBSOIL , THE CLIMATE AND THE SITUATION OF THE INDIVIDUAL VINEYARD OR VINEYARD PLOT .

ARTICLE 4

1 . EACH MEMBER STATE SHALL DRAW UP A LIST OF VINE VARIETIES SUITABLE FOR PRODUCING EACH OF THE QUALITY WINES PSR PRODUCED IN ITS TERRITORY . THESE VINE VARIETIES MAY BE ONLY OF THE SPECIES VITIS VINIFERA AND MUST BELONG TO THE RECOMMENDED OR AUTHORIZED CATEGORIES REFERRED TO IN ARTICLE 30 OF REGULATION ( EEC ) NO 337/79 .

QUALITY SPARKLING WINES PSR OF THE AROMATIC TYPE MAY BE OBTAINED ONLY FROM THE VARIETIES OF VINE LISTED IN THE ANNEX TO REGULATION ( EEC ) NO 358/79 , PROVIDED THE LATTER ARE ACKNOWLEDGED AS SUITABLE FOR YIELDING QUALITY WINES PSR IN THE SPECIFIED REGION WHOSE NAME THEY BEAR .

2 . THE PROVISIONS OF PARAGRAPH 1 MAY BE REVISED LATER BY THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION .

3 . VINE VARIETIES WHICH DO NOT APPEAR ON THE LIST REFERRED TO IN PARAGRAPH 1 SHALL BE REMOVED FROM THE VINEYARDS OR...