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6.6.2023

EN

Official Journal of the European Union
C 198/35

The aim is to systematically verify that only consignments of Colline Teramane Montepulciano dAbruzzo wine which have first been certified as having passed the physical, chemical and organoleptic tests performed by the control body can be bottled. This makes it possible to achieve better results in terms of the efficacy of the checks, at a limited cost to the producers, with a view to offering consumers the maximum guarantees regarding the wines authenticity.
Ensuring the checks timeliness, efficiency, and cost-effectiveness cannot be achieved to the same extent for the PDO in question by bottling outside the area, which, were it allowed, could even take place in other EU countries or third countries.
Bottling within the demarcated area Legal framework:
EU legislation Type of further condition:
Bottling within the demarcated geographical area Description of the condition:
Reasons for granting individual derogations to continue bottling outside the area.
With regard to the observation on Article 942h of Regulation EU No 1308/2013, in relation to the provisions of Article 42 TFEU, please note that derogations are granted under the conditions laid down by national legislation Article 353 of Law No 238/2016 see the attached annex and that as such they are known in advance to all producers and are not discriminatory.
Specifically, this national law enables bottling firms that are interested to apply for a derogation to continue bottling at their premises located outside the demarcated area, on the condition that they submit the relevant application to the Ministry of Agricultural, Food and Forestry Policy and provide documentation proving that they have bottled Colline Teramane Montepulciano dAbruzzo PDO wines for at least two of the five years prior to the entry into force of the amendment introducing the requirement for bottling to take place in the area. This does not have to be an unbroken two-year period.
The granting of such individual derogations, in order to safeguard the pre-existing rights of firms that already bottle the wines outside the area, not only complies with the relevant national legislation, but also complies with the abovementioned EU legislation, since the measure constitutes a lesser restriction on the free movement of goods, compared to the absence of such authorisations, or an absolute obligation to bottle in the area.
For reasons similar to those set out in the previous paragraph, we would reiterate that checks limited to a previously known and limited number of authorised bottling firms must be considered easier to organise efficiently and at lesser cost than would be required were the wine not bottled in the area, i.e. with an unknown number of bottling firms located outside the area that could vary over time.
Link to the product specification https www.politicheagricole.it/flex/cm/pages/ServeBLOB.php/L/IT/IDPagina/19045