Wine Law

7 planting and rules concerning oenological processes and conditions for release to the market. This was the aim of Regulation No 337/79 12 , while Regulation No 338/79 13 of the same day was dealing with quality wines produced in specified regions and, at article 15, introduced the requirement of the labelling provisions: “Quality sparkling wines psr may be put on the market only on condition that the name of the specified region to which they are entitled is marked on the cork and that the bottle carries a label from the time it leaves the place of preparation. However, as regards labelling, exceptions may be permitted provided that appropriate controls are ensured”. CMO wines were the subject of Regulation (EEC) No 822/87 14 , subsequently amended by Regulation (EC) No 1627/98 15 . It is worth mentioning the definition of the scope of the act as set under article 1 of Regulation (EEC) No 822/87: “The common organization of the market in wine shall comprise rules governing production and control of the development of wine-growing potential, rules governing oenological practices and processes, a price system and rules governing intervention and other measures to improve market conditions, arrangements for trade with third countries, and rules governing circulation and release to the market”; rules on description, designation, presentation and protection are totally out of the scope of the Regulation, which is instead focusing on the market and on the oenological practices and processes. Until 2007, when a single CMO was created, there were 21 CMOs, each with their own rules. Article 40 of the Treaty on the Functioning of the European Union (TFEU) underpins the establishment of CMOs. A different approach has the European lawmaker when drafting CMO 1999 16 , providing, under article 1, that “The common organisation of the market in wine shall comprise rules governing wine-production potential, market mechanisms, producer organisations and sectorial organisations, oenological practices 12 Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organization of the market in wine. 13 Council Regulation (EEC) No 338/79 of 5 February 1979 laying down special provisions relating to quality wines produced in specified regions. 14 Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine. 15 Council Regulation (EC) No 1627/98 of 20 July 1998 amending Regulation (EEC) No 822/87 on the common organisation of the market in wine. 16 Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine.