31970R0817
252 Official Journal of the European Communities
No L 99 /20 Official Journal of the European Communities 5.5.70
REGULATION (EEC) No 817/70 OF THE COUNCIL of 28 April 1970
laying down special provisions relating to quality wines produced in specified regions
THE COUNCIL OF THE EUROPEAN COMMUNITIES, essential for the nature and scope of those factors to be defined; Having regard to the Treaty establishing the European Economic Community, and in particular Whereas, even though it is necessary to take into Article 43 thereof; account traditional conditions of production, a common attempt to harmonise quality requirements must nevertheless be made; Having regard to Regulation No 241 on the progressive establishment of a common organisation Whereas the elements which enable each of the of the market in wine, and in particular Article 4 thereof; quality wines produced in specified regions to be recognised must be listed and defined; Having regard to the proposal from the Commission; Whereas until Community methods for testing those elements are adopted, reference should be made, Having regard to the Opinion of the European when this Regulation enters into force, to the Parliament; methods of analysis laid down in Annex A to the International Convention for the Unification of Whereas Council Regulation (EEC) No 816/702 of 28 Methods for the Analysis and Appraisal of Wines of April 1970 laying down additional provisions for the 13 October 1954; whereas, furthermore, where that common organisation of the market in wine sets up a Annex does not provide for methods of testing these system which, in so far as its scope is not restricted to elements, the methods traditionally used in each of other products, applies also to quality wines the Member States must remain applicable; produced in specified regions; whereas that system embraces in particular certain common rules on Whereas, in order to protect producers from unfair production ; competition and consumers from error and fraud, the expression 'quality wine produced in a specified Whereas the development of a policy of encouraging region' must be reserved for wines which comply quality production in agriculture and especially in with Community provisions, while not excluding the wine growing is bound to contribute to the use of traditional specific designations; 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 HAS ADOPTED THIS REGULATION : (EEC) No 816/70 which concern the production and control of quality wines produced in specified regions falls within the framework of this policy and can Article 1 contribute towards the attainment of these objectives; This Regulation lays down special provisions for Whereas Article 4 (2) of Regulation No 24 lists some quality wines produced in specified regions. of the factors which must be taken into account when adopting Community provisions; whereas it is ' Quality wines produced in specified regions' (hereinafter called 'quality wines p.s.r.') means wines which satisfy the provisions of this Regulation, and 1 OJ No 30, 20.4.1962, p. 989/62. those adopted in application thereof, and are defined 2 OJ No L 99, 5.5.1970, p. 1 . by national rules.
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Article 2 vine varieties appearing in the list provided for in paragraph 1 . "Where this provision is not observed, 1 . 'Specified region' means a wine-growing area or none of the wines obtained from grapes harvested combination of wine growing areas which produces within the vineyard or vineyard plot shall be entitled wine possessing special quality characteristics and to the designation 'quality wine p.s.r.' whose name is used to designate those of its wines which are defined in Article 1 . Article 4 2. Each specified region shall be precisely demarcated so far as possible on the basis of the Each Member State concerned shall lay down the individual vineyard or vineyard plot. Such provisions regarding wine growing . methods which are required in order to ensure the best possible demarcation shall be effected by each of the Member States concerned and shall take into account the quality for quality wines p.s.r. factors which contribute towards the quality of the Irrigation within a wine growing zone may be carried wines produced in those regions, such as the nature out only to the extent that the Member State of the soil and subsoil, the climate and the situation concerned authorises it. Such authorisation may be of the individual vineyard or vineyard plot. granted only where ecological conditions justify it.
Article 3 Article 5 1 . Each Member State shall draw up a list of vine varieties suitable for producing each of the quality 1 . (a) Quality wines p.s.r. may be obtained only wines p.s.r. produced in its territory. These vine from grapes of vine varieties which have been varieties may be only of the species vitis vinifera and harvested within the specified region and must belong to the recommended or authorised which appear in the list provided for in Article categories referred to in Article 16 of Regulation 3 ( 1 ). (EEC) No 816/70. This provision shall not prevent quality wines p.s.r. from being obtained under the 2. The provisions of paragraph 1 may be revised conditions specified in Article 3 (3 ) or later by the Council, acting in accordance with the produced according to traditional practices. voting procedure provided for in Article 43 (2) of the Treaty on a proposal from the Commission. (b) Any natural or legal person who has both grapes or grape musts which satisfy the 3 . Vine varieties which do not appear on the list conditions laid down for obtaining quality referred to in paragraph 1 shall be removed from the wines p.s.r. and other grapes or grape musts at vineyards or vineyard plots intended for the his disposal shall ensure a separate wine production of quality wines p.s.r. making process for the former; otherwise, the wine obtained may not be considered as However, by way of derogation from the preceding quality wine p.s.r. paragraph, the presence of vine varieties which do not appear on the list may be permitted by Member 2. The processing of the grapes referred to in States for a period of three years from : paragraph 1 ( a) into must and from must into wine , shall be carried out within the specified region where — the entry into force of this Regulation in respect the grapes were harvested. of specified regions for which demarcation has already taken effect on that date; However, subject to adequate provisions as regards — the date on which the demarcation of the control , such processing may take place outside that specified region in question comes into effect region, where the rules of the producer Member State where the said demarcation has ,not been made by permit it. the time this Regulation enters into force; 3 . Detailed rules for the application of this Article provided that such vine varieties belong to the species shall be adopted in accordance with the procedure vitis vinifera and that they do not represent more laid down in Article 7 of Regulation No 24. than 20% of the vine varieties on the vineyard or vineyard plot. They shall cover in particular:
4. By the end of the period laid down in paragraph — provisions by which Member States may 3 , any vineyard or vineyard plot intended for the authorise derogations from the rules which lay production of quality wines p.s.r. may consist only of down that the processing of grapes into must and
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of must into wine should take place within the 3 . No wine with a total alcoholic strength of less specified region; than 9° may be considered a quality wine p.s.r.
— the list of quality wines p.s.r. which may be produced according to the traditional practices Article 8 referred to in paragraph 1 . 1 . Conditions and limits for the acidification and deacidification of fresh grapes, grape must, grape Article 6 must in fermentation and new wine . still in fermentation and the procedure for granting 1 . Each Member State shall fix a minimum natural derogations are those laid down in Article 20 of alcoholic strength for each of the quality wines p.s.r. Regulation (EEC) No 816/70. obtained in its territory. When this natural alcoholic strength is being determined account shall be taken in 2 . Conditions and limits for sweetening quality particular of the alcoholic strengths which have been wines p.s.r. are those laid down in Article 21 of recorded over the ten preceding years. Only Regulation (EEC) No 816/70. satisfactory harvests from the most representative soils of the specified region shall be considered. Article 9 2 . Except for derogations to be decided ' in accordance with the procedure provided for in None of the operations referred to in Article 7 and 8 Article 7 of Regulation No 24, the alcoholic strengths shall be authorised unless they are carried out under referred to in paragraph 1 may not be less than : the conditions laid down in Article 22 of Regulation 6 in zone A, (EEC) No 816/70. 7° in zone B, Subject to the provisions of Article 5 (2), such &° in zone C I, operations may be carried out only in the specified regions where the fresh grapes used have been 9° in zone C II, harvested. 9*5° in zone C III . .
The zones referred to above are those defined in Article 10 Annex III to Regulation (EEC) No 816/70.
1 . A yield per hectare expressed in quantities of Article 7 grapes, must or wine shall be fixed for each of the quality wines p.s.r. by the Member State concerned. 1 . The specific wine-making methods used for When this yield is being fixed, particular account obtaining quality wines p.s.r. shall be defined for shall be taken of the yields obtained over the ten each of those wines by each Member State preceding years. Only satisfactory harvests from the concerned. most representative soils of the specified region shall be considered. 2 . Where, climatic conditions in one of the wine-growing zones referred to in Article 6 have This yield may be altered by the Member State rendered it necessary, the Member States concerned concerned. may authorise an increase in the actual or potential natural alcoholic strength of fresh grapes, grape 2. Except where derogations are provided by the must, grape must in fermentation, new wine still in rules in force in the Member States, the use of the fermentation and wine suitable for yielding quality claimed designation shall be prohibited for the entire wine p.s.r. harvest if the yield referred to in paragraph 1 is exceeded . This increase may not exceed the limits laid down in Article 18 of Regulation (EEC) No 816/70 and may be made only according to the methods and Article 11 conditions mentioned in Article 19 of that Regulation, excluding paragraph 6. 1 . Producers shall be obliged to submit wines which are likely to be designated 'quality wine p.s.r.' However, the addition of sucrose in water to increase to an analytical test and to an organoleptic test. the natural alcoholic strength may not be made after 30 June 1979 and may not increase by more than (a) The analytical test shall at least include an 10% the volume of the product to be possessed. assessment of the characteristic elements of the
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quality wine p.s.r. in question, as listed in the expression 'Naturwein', 'Originalabfiillung', Annex to this Regulation. 'Spatlese', 'Auslese', 'Beerenauslese' or 'Trockenbeerenauslese' ; The upper and lower limits for those elements shall be laid down by the producer Member State — however, from 20 July 1971 , the traditional in respect of each of the quality wines p.s.r.; descriptions mentioned above c shall be replaced by an indication of the origin of the (b ) The organoleptic test shall concern colour, wine, accompanied by the expression clarity, smell and taste. ' Qualitatswein', or by the expression ' Qualitatswein mit Pradikat', together with 2. Until appropriate provisions relating to their one of the following expressions 'Kabinett', systematic and general application are adopted by the 'Spatlese', 'Auslese', 'Beerenauslese' or Council, acting in accordance with the voting ' Trockenbeerenauslese'; procedure provided for in Article 43 (2) of the Treaty on a proposal from the Commission, the tests ( b ) France : provided for in paragraph 1 may be carried out on samples taken by the competent agency designated by 'Appellation d'origine contrôlée', 'Appellation each of the Member States . contrôlée', 'Champagne' and 'Vin délimité de qualité supérieure'; 3 . Until such time as Community methods are adopted : ( c) Italy : — the methods of analysis laid down in Annex A to 'Denominazione di origine controllata' and the International Convention for the Unification 'Denominazione di origine controllata e of Methods for the Analysis and Appraisal of garantita'; Wines of 13 October 1954 shall be used for testing the elements referred to in paragraph 1 (d) Luxembourg: . and for all other cases made necessary by this Regulation; 'Marque nationale du vin luxembourgeois'.
— where that Annex does not provide a method for 3 . Without prejudice to the provisions of Article testing certain of the elements referred to in 30 (2 ) of Regulation (EEC) No 816/70, the name of a paragraph 1 , the methods traditionally used in each of the Member States shall remain specified region may be used to describe a wine only applicable. if it is a quality wine p.s.r.
4. Detailed rules for the "application of paragraph 4. A quality wine p.s.r. shall be sold under the 1 , in particular for the use made of wines which do name of the specified region granted it by the not satisfy the requirements of the tests in question or producer Member State. the conditions governing such use, shall be adopted in accordance with the procedure laid down in No wine which satisfies the provisions of this Article 7 of Regulation No 24. Regulation and those adopted in application thereof may be sold without the expression ' quality wine p.s.r.', or without one of the specific expressions Article 12 traditionally used which are referred to in paragraphs 1 and 2 . 1 . The Community expression ' quality wine p.s.r.', or any specific expression traditionally used in It shall be compulsory for the expression 'quality Member States to designate particular wines, may be wine p.s.r.' to appear on the accompanying document used only for wines which comply with the referred to in Article 29 ( 1 ) of Regulation (EEC) No provisions of this Regulation and with those adopted 816/ 70 . in application thereof.
2. Without prejudice to any additional expressions 5 . The downgrading of a quality wine p.s.r. may which may be allowed by national laws, and subject be effected at the production stage under conditions to national provisions on the wines in question being laid down by national rules ; it may be effected at the observed, the specific expressions traditionally used marketing stage only where the properties of the which are referred to in paragraph 1 shall be the quality wine p.s.r. in question have deteriorated as a following: result of a change noted during maturing, storage or transport. ( a ) Germany : — until 19 July 1971 , descriptions stating the 6. Detailed rules for the application of this Article, origin of the wines, accompanied by the in particular for the use given to downgraded quality
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wines p.s.r. and the conditions governing such use, additional or more stringent characteristics or shall be adopted in accordance with the procedure conditions of production and movement for the laid down in Article 7 of Regulation No 24. quality wines produced in specified regions within their territory.
1 . Each Member State shall be responsible for the Member States and the Commission shall control and protection of the quality wines p.s.r. communicate to each other the information necessary marketed in accordance with this Regulation. for implementing this Regulation. Rules for the communication and distribution of such information 2. Detailed rules for the application of this Article shall be adopted in accordance with the procedure shall be adopted in accordance with the procedure laid down in Article 7 of Regulation No 24. laid down in Article 7 of Regulation No 24.
Article 17 Article 14 Should transitional measures be necessary to facilitate 1 . The quantities of quality wines p.s.r. and of the transition to the system established by this grapes, musts and wines suitable for yielding quality Regulation, in particular if the introduction of that wines p.s.r. shall be declared separately in the harvest system on the date provided would give rise to and stock declarations provided for in pursuance of substantial difficulties, such measures shall be Article 2 of Regulation No 24. adopted in accordance with the procedure laid down in . Article 7 of Regulation No 24. They shall be 2. Detailed rules for the application of this Article applicable until 31 August 1971 at the latest. shall be adopted in accordance with the procedure laid down in Article 7 of Regulation No 24. Article 18
Article 15 This Regulation shall enter into force on the third day following its publication in the Official Journal In addition to the provisions laid down in this of the European Communities. Regulation, producer Member States may, taking into account fair and traditional practices, define any It shall apply from 1 June 1970.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 28 April. 1970.. For the Council
The President Ch . HÉGER
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ANNEX
List of elements which enable the quality wines produced in specified regions to be recognised and may be selected for testing under Article 11
A. Organoleptic test :
1 . Colour 2 . Clarity and deposit 3 . Smell and taste
B. Tests on wine behaviour :
4. Behaviour in air 5 . Behaviour in cold
C. Microbiological test :
6 . Behaviour in incubator 7. Appearance of wine and of deposit
D. Physical and chemical analysis :
8 . Density 9. Degree of alcohol 10. Total dry extract (obtained by densimetry) 11 . Reducing sugars 12 . Sucrose 13 . Ash 14. Alkalinity of ash 15 . Total acidity 16. Volatile acidity 17. Fixed acidity
18 . pH 19 . Free sulphur dioxide 20. Total sulphur dioxide
E. Additional analysis :
21 . Carbon dioxide (semi-sparkling and sparkling wines, atm at 20 °C)