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( 1 ) OJ NO L 99 , 5 . 5 . 1970 , P . 20 .

( 2 ) OJ NO 111 , 6 . 11 . 1962 , P . 2604/62 .

REGULATION ( EEC ) NO 1697/70 OF THE COMMISSION OF 25 AUGUST 1970 ON THE DOWNGRADING OF QUALITY WINES PRODUCED IN SPECIFIED REGIONS

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 817/70 ( 1 ) OF 28 APRIL 1970 LAYING DOWN SPECIAL PROVISIONS FOR QUALITY WINES PRODUCED IN SPECIFIED REGIONS , AND IN PARTICULAR ARTICLE 12 ( 6 ) AND ARTICLE 16 THEREOF ;

WHEREAS , IN PURSUANCE OF ARTICLE 12 ( 5 ) OF REGULATION ( EEC ) NO 817/70 , THE DOWNGRADING OF A QUALITY WINE P . S . R . MAY BE EFFECTED AT THE MARKETING STAGE ONLY IN CERTAIN CASES ; WHEREAS SUCH CASES MUST BE SPECIFIED ; WHEREAS A PROCEDURE SHOULD BE PROVIDED WHICH WILL ENSURE THAT THE REQUIRED CONDITIONS ARE MET ;

WHEREAS , SO THAT CONSUMER MAY NOT BE MISLED , A DOWNGRADED QUALITY WINE P . S . R . SHOULD NOT BE MARKETED UNDER A NAME SUGGESTIVE OF THE DESIGNATION TO WHICH IT IS NO LONGER ENTITLED ;

WHEREAS THE DOWNGRADING SHOULD BE INDICATED IN THE TURNOVER RECORDS SO THAT NORMAL INSPECTION CAN BE CARRIED OUT ;

WHEREAS A QUALITY WINE P . S . R . MAY BE DOWNGRADED TO A TABLE WINE ONLY IF THE ENRICHMENT TO WHICH THE QUALITY WINE P . S . R . TO BE DOWNGRADED WAS SUBJECTED HAS BEEN CARRIED OUT IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 19 ( 6 ) OF REGULATION ( EEC ) NO 816/70 WHICH COVER THE ENRICHMENT OF TABLE WINES ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR WINE ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

FOR THE PURPOSES OF THIS REGULATION THE DOWNGRADING OF A QUALITY WINE P . S . R . CONSISTS OF WITHDRAWING THE RIGHT TO DESCRIBE IT AS A QUALITY WINE P . S . R .

ARTICLE 2

1 . DOWNGRADING SHALL BE DECIDED BY THE COMPETENT AUTHORITY OF THE PRODUCER MEMBER STATE .

2 . IT SHALL BE PROPOSED BY EITHER :

( A ) THE COMPETENT AUTHORITY ITSELF AT THE TIME OF ANY APPROPRIATE INSPECTION , OR

( B ) A TRADER , OTHER THAN A RETAILER WITHIN THE MEANING OF ARTICLE 4 OF COMMISSION REGULATION NO 134 ( 2 ) OF 25 OCTOBER 1962 ON THE DECLARATION OF WINE HARVESTS AND STOCKS , WHO HOLDS A QUALITY WINE P . S . R .

IN THE CASE REFERRED TO IN ( B ) , THE TRADER SHALL BE OBLIGED TO INFORM THE COMPETENT AUTHORITY THAT THE QUALITY WINE P . S . R . WHICH HE HOLDS MEETS THE REQUIREMENTS SET OUT IN PARAGRAPH 3 .

THE COMPETENT AUTHORITY SHALL CHECK , IN PARTICULAR BY SAMPLING , THAT THOSE REQUIREMENTS ARE MET .

3 . DOWNGRADING MAY BE EFFECTED ONLY IF IT IS FOUND :

( A ) THAT THE WINE IN QUESTION NO LONGER SATISFIES THE REQUIREMENTS IN RESPECT OF AT LEAST ONE OF THE CHARACTERISTICS REFERRED TO IN ARTICLE 11 OF REGULATION ( EEC ) NO 817/70 AND DETERMINED FOR THE QUALITY WINE P . S . R . IN QUESTION ; OR

( B ) THAT THE WINE IN QUESTION NO LONGER SATISFIES THE REQUIREMENTS CONCERNING COLOUR , CLARITY , SMELL AND TASTE .

ARTICLE 3

IN THE MARKETING OF A DOWNGRADED QUALITY WINE P . S . R . THE USE - IN PARTICULAR ON THE CONTAINERS , WRAPPINGS , LABELS , TRADE AND OTHER DOCUMENTS ACCOMPANYING THE WINE - OF A NAME WHICH SUGGESTS THE QUALITY WINE P . S . R . DESIGNATION TO WHICH THE WINE WAS ENTITLED BEFORE BEING DOWNGRADED SHALL BE PROHIBITED .

ARTICLE 4

THE QUANTITIES OF DOWNGRADED QUALITY WINE P . S . R . SHALL BE ENTERED AS WITHDRAWALS IN THE TURNOVER RECORDS UNDER THE DATE OF DOWNGRADING . THE INCLUSION OF THE WORDS " DOWNGRADED WINE " SHALL BE OBLIGATORY .

THESE SAME QUANTITIES SHALL BE ENTERED , UNDER THE SAME DATE , AS RECEIPTS UNDER THE APPROPRIATE HEADING .

ARTICLE 5

A QUALITY WINE P . S . R . SHALL BE DOWNGRADED TO A TABLE WINE ONLY WHERE ANY ENRICHMENT THEREOF HAS BEEN DONE IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 19 ( 6 ) OF REGULATION ( EEC ) NO 816/70 .

ARTICLE 6

MEMBER STATES SHALL COMPILE INFORMATION , FOR EACH MARKETING YEAR , ON THE DOWNGRADING OF QUALITY WINES P . S . R . AND SHALL INFORM THE COMMISSION , BY 1 NOVEMBER AT THE LATEST , FOR THE MARKETING YEAR JUST ENDED , OF THE QUANTITIES OF QUALITY WINES P . S . R . WHICH HAVE BEEN DOWNGRADED EITHER AT THE PRODUCTION OR AT THE MARKETING STAGE - EXCLUDING RETAILERS - SHOWING THE QUANTITIES WHICH HAVE BEEN DOWNGRADED TO TABLE WINES .

ARTICLE 7

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 25 AUGUST 1970 .

FOR THE COMMISSION

THE PRESIDENT

FRANCO M . MALFATTI