Council Regulation (EEC) No 2332/92 of 13 July 1992 on sparkling wines produced in the Community

• Published date: 13 August 1992
• Subject Matter: Wine
• Official Gazette Publication: Official Journal of the European Communities, L 231, 13 August 1992

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Council Regulation (EEC) No 2332/92 of 13 July 1992 on sparkling wines produced in the Community

Official Journal L 231 , 13/08/1992 P. 0001 - 0008
Finnish special edition: Chapter 3 Volume 44 P. 0154
Swedish special edition: Chapter 3 Volume 44 P. 0154

COUNCIL REGULATION (EEC) No 2332/92 of 13 July 1992 on sparkling wines produced in the Community

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

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

Having regard to the proposal from the Commission,

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

Whereas Council Regulation (EEC) No 358/79 of 5 February 1979 on sparkling wines produced in the Community and defined in item 13 of Annex II to Regulation (EEC) No 337/79(2) , has been substantially amended; whereas, following a number of successive consolidations of the Community rules on wine, it is appropriate, for reasons of logic and clarity, also to consolidate the said Regulation;

Whereas Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market on wine(3) , contains rules for the preparation and marketing of tabel wines; whereas it is necessary to supplement those rules by laying down corresponding provisions for all sparkling wines produced in the Community, taking into account the fact that the quality sparkling wines produced in specified regions are quality wines psr (hereinafter called 'quality sparkling wines psr') and must therefore also comply with Council Regulation (EEC) No 823/87 of 16 March 1987 laying down special provisions relating to quality wines produced in specified regions(4) ; whereas it is necessary to lay down special rules relating to the production and marketing of these sparkling wines as laid down by this Regulation;

Whereas it is desirable that these sparkling wines should be governed by common rules in respect of production, marketing and controls so as to avoid distortions of competition and ensure protection of the consumer whilst maintaining qualitative distinctions;

Whereas a measure of this type will help to guide the consumer in his choice by providing the necessary assurance that each of the products offered to him satisfies specific quality requirements; whereas it will, by the same token, protect the interests of the producers, promote intra-Community trade, increase demand and therefore lead to the expansion of market outlets for wine;

Whereas all sparkling wines, together with the grape musts and wines used in producing them must be subject to minimum quality requirements; whereas it should therefore be stipulated that the abovementioned basic products must be table wines or products suitable for yielding table wines, or quality wines psr or products suitable for yielding quality wines psr;

Whereas the quality requirements should be applied not only to the basic products but also to the methods of preparation and to the finished products; whereas it is also in the interests of both producer and consumer to provide for appropriate market preparation requirements;

Whereas, in view of the fact that rectified concentrated grape must is authorized for use in wine-making by Regulation (EEC) No 822/87, and in order to encourage the use of vine products as raw materials for the manufacture of sparkling wines, it should be provided that producers of sparkling wine may use rectified concentrated grape must; whereas, in order to avoid negative effects on quality, Member States should be able to prohibit the use of concentrated grape must in the manufacture of sparkling wines;

Whereas experience has shown the need for a clearer definition of the composition of the tirage liqueur used for the manufacture of sparkling wine, particularly with regard to quality sparkling wine psr; whereas the wine used to constitute a vinous suspension of yeast need not necessarily be of the same origin as the wine to which the suspension is added to induce secondary fermentation;

Whereas the location of a vineyard and the annual weather conditions affecting it, and wine-growing techniques, including in particular the oenological practices and processes used immediately after the grape harvest, determine to a large extent the characteristics of a quality sparkling wine psr; whereas, for this reason, and to reduce the risk of adulteration when raw materials change hands, it should be laid down that the processing or grapes into must and the processing of the must thus obtained into wine and the manufacture of sparkling wine from these products must take place within or in the immediate vicinity of the specified region where the grapes used were harvested;

Whereas, in order to protect the producers of the quality sparkling wines psr concerned from losses resulting from a break with traditional commercial practices, Member States should be granted the option of authorizing, by way of exception, that a quality wine psr may be adjusted by adding to the cuvée one or more wine sector products which do not originate in the specified region of which the sparkling wine bears the name; whereas Member States should also be granted the option of authorizing, in certain cases, that a quality sparkling wine psr may be produced outside the specified region of which the sparkling wine bears the name;

Whereas the use of modern preparation methods, the fragility of certain wines used in the composition of the cuvée and the quality of production justify shortening the minimum preparation period for quality sparkling wines from nine to six months where the fermentation process designed to make the wines sparkling takes place in closed tanks; whereas, on the other hand, with the aim of increasing the quality of these sparkling wines, the duration of the fermentation designed to make the cuvée sparkling and the duration of the presence of the cuvée on the lees should be extended;

Whereas, in order to ensure that only traditional practices are used in the preparation of quality sparkling wines of the aromatic type and of quality sparkling wines psr of the armoatic type, it is necessary to specify that such sparkling wines may be obtained only from grape musts or partially fermented grape musts obtained from certain varieties; whereas provision should, however, be made that quality sparkling wines of the aromatic type may be obtained from wines coming from grapes of the 'Prosecco' variety harvested in certain regions of Italy, given that these wines are traditionally used for the production of sparkling wines of the aromatic type;

Whereas, in order to ensure the quality of sparkling wines of the aromatic type and of quality sparkling wines psr of the aromatic type, it should be stipulated that the use of traditional practices implies control of the fermentation process by refrigeration or other physical processes,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down rules supplementing those contained in Regulation (EEC) No 822/87 as regards the production and marketing of the sparkling wines, defined in item 15 of Annex I to the said Regulation.

The supplementary rules shall apply to the following categories:

(a) 'sparkling wines' complying with the definition in item 15 of Annex I to Regulation (EEC) No 822/87 and Titles I and II of this Regulation;

(b) 'quality sparkling wines', including those of the aromatic type, complying with the definition in item 15 of Annex I to Regulation (EEC) No 822/87 and Titles I and III of this Regulation;

(c) the 'quality sparkling wines produced in specified regions', including those of the aromatic type, referred to in the second indent of the second subparagraph of Article 1 (2) of Regulation (EEC) No 823/87 and complying with Titles I and III of this Regulation. Hereinafter these wines shall be...