EN    EN EN 
AGRI/D  
EN    EN  EUROPEAN COMMISSION 
Brussels,  
COM(2011) XXX final 
  
Draft 
COMMISSION REGULATION (EU) No …/2011 
of …/2011 
amending Regulation (EC) No 607/2009 laying down certain detailed rules for the 
implementation of Council Regulation (EC) No 479/2008 as regards protected 
designations of origin and geographical indi cations, traditional terms, labelling and 
presentation of certain wine sector products  
EN 2   EN Draft 
COMMISSION REGULATION (EU) No …/2011 
of …/2011 
amending Regulation (EC) No 607/2009 laying down certain detailed rules for the 
implementation of Council Regulation (EC) No 479/2008 as regards protected 
designations of origin and geographical indi cations, traditional terms, labelling and 
presentation of certain wine sector products 
THE EUROPEAN COMMISSION, 
Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC)  No 1234/2007 of 22 Oc tober 2007 on the common 
organisation of agricultural markets and on specific provisions for certain agricultural 
products (Single CMO Regulation)
1, and in particular points (k), (l) and (m) of the first 
paragraph of Article 121 a nd Article 203b, in conjunction with Article 4 thereof, 
Whereas: (1) Article 18 of Commission Regulation (EC) No 607/2009
2 lays down that the "Register 
of protected designations  of origin and protected geogra phical indications" (hereinafter 
'the Register') maintained by the Commi ssion as provided for in Article 118n of 
Regulation (EC) No 1234/2007 is  included in the electronic database "E-Bacchus". 
(2) For the sake of simplificati on, the list of representative trade organisations and their 
members provided in Annex XI to Regula tion (EC) No 607/2009 should be published 
on the Internet. Therefor e, Article 30(2) should be amended accordingly. 
(3) In order to avoid any discrimination between  wines originating in the Union and those 
imported from third countries, it should be cl arified that terms traditionally used in 
third countries may obtain r ecognition and protection as tr aditional terms in the Union 
also where they are used in conjunction with geographical indi cations or names of 
origin regulated by those third countries. 
(4) For the sake of clarity, protected traditi onal terms listed in A nnex XII should be 
transferred to the electronic database  "E-Bacchus" thus gathering protected 
designations of origin, protected geographi cal indications and protected traditional 
terms in a single IT tool, easily available for consultation purposes. 
                                                 
1 OJ L 299, 16.11.2007, p. 1. 
2 OJ L 193, 24.7.2009, p. 60.  
EN 3   EN (5) In order to provide up-to-date information relating to traditional terms, the information 
indicated in Annex XII to Regulation (EC)  No 607/2009 should be transferred to the 
electronic database "E-Bacchus" and new in formation related to the protection of 
traditional terms should be exclusively be included in that database. 
(6) In order to clarify the relationship between protected traditional terms and trademarks, 
it is necessary to specify on what legal basi s an application for a trademark containing 
or consisting of a protecte d traditional term should be assessed in accordance with 
Directive 2008/95/EC of the European Par liament and of the Council of 22 October 
2008 to approximate the laws of the Me mber States relating to trade marks3 or 
Regulation (EC) No 207/2009 of Council of 26 February 2009 on the Community 
trade mark4. 
(7) In order to improve the transparency of the rules concerning traditional terms, in 
particular due to the fact that they are m oved to the electronic database 'E-Bacchus', 
any modification relating to traditional te rms shall follow a formally defined 
procedure. 
(8) Rules should be provided fo r the indication of the alc oholic strength by volume of 
certain specific grapevine products in or der to provide the public with accurate 
information. 
(9) In order to facilitate  less burdensome labelling, certain information related to the name 
and the address of the bottler may in some circumstances not be required. 
(10) In order to improve controls  of certain grapevine products , Member States should be 
allowed to regulate the use of particular s referring to produc er and processor. 
(11) For the sake of clarity, Articles 42(1) and 56(3) should be amended. 
(12) The use of a  specific type of bottle a nd closure for sparkling wi nes, quality sparkling 
wines and quality aromatic sparkling wines as provided for in Article 69 of Regulation 
(EC) No 607/2009 should be obligatory exclus ively for the marketing and the export 
of such wines produced in the European Union .  
(13) As regards the transmission of technical files of existing protected wine names 
referred to in Article 118s of Regulat ion (EC) No 1234/2007 the requirement to 
identify the applicant of an existing wine name as referred to in point (b) of Article 118c(1) of that Regulation may raise difficu lty for some Member States since these 
existing protected wine names are regulated at a national level without any reference 
to a particular applicant. In order to fac ilitate the transition from the arrangements 
provided for in Council Regulation (EC) No 1493/1999
5 to those established by 
Regulation (EC) No 1234/2007, transitional meas ures should be provided to comply 
with national legislations of those Member States. 
                                                 
3 OJ L 299, 8.11.2009, p. 25. 
4 OJ L 78, 24.3.2009, p. 1. 
5 OJ L 179, 14.7.1999, p. 1.  
EN 4   EN (14) It is necessary to amend Annex VIII to Regulation (E C) No 607/2009 as regards the 
prior rights which may be claimed in case of an opposition agains t an application for 
protection of a traditional term. 
(15) Regulation (EC) No 607/20096 should therefore be amended accordingly. 
(16) The measures provided for in this Regulati on are in accordance with the opinion of the 
Management Committee for the Common Organisation of Agricultural Markets, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Amendment of Regulation (EC) No 607/2009  
Regulation (EC) No 607/2009 is amended as follows: 
(1) In Article 30, paragraph 2 is replaced by the following: 
"2. In case of an application filed by a representative professional organisation 
established in a third c ountry, the details of the representative professional 
organisation shall also be communicat ed. The Commission shall publish on the 
Internet the list of third countries concerned, the na mes of the representative 
professional organisations and the members of these representative 
professional organisations." 
(2) Article 32 is replaced by the following: 
"Article 32  
Rules on traditional terms of third countries 
1. The definition of traditional terms provided for in Article 118u(1) of 
Regulation (EC) No  1234/2007 shall apply mutatis mutandis  to terms 
traditionally used in third countries for wine products covered by  geographical 
indications or names of or igin under the legislation of those third countries. 
2. Wines originating in third countries w hose labels bear trad itional indications 
other than the traditional terms listed in the electronic database "E-Bacchus" 
may use these traditional indications on wine labels in accordance with the 
rules applicable in the third countries concerned, including those emanating from representative professional organisations." 
(3) Article 40 is replaced by the following: 
"Article 40  
General protection 
1. If an application for the protection of a traditional term satisfies the conditions 
laid down in Article  118u(1) of Regulation (EC) No 1234/2007 and in Articles 
                                                
 
6 OJ L 193, 24.7.2009, p. 60.  
EN 5   EN 31 and 35 of this Regulation and is not rejected under Articles 36, 38 and 39 of 
this Regulation, the traditional term shall be included in the electronic database 
'E-Bacchus' with an indication of: 
(a) the language as referred to in Article 31; (b) an indication of the grapevine pr oduct category or categories concerned 
by the protection; 
(c) a reference to the national legislat ion of the Member State in which the 
traditional term is defined and regulated, or rules applicable to wine producers in third countries, in cluding those emanating from 
representative profession al organisations, and; 
(d) a summary of the defini tion or conditions of use. 
2. The traditional terms listed in the electronic database 'E-Bacchus', are protected 
only in the language and for the categorie s of grape vine pr oducts claimed in 
the application, against: 
(a) any misuse even if the protected term is accompanied by an expression 
such as "style", "type", "method", "as produced in", "imitation", "flavour", "like" or similar; 
(b) any other false or misleading indicati on as to the nature, characteristics or 
essential qualities of the product, on the inner or outer packaging, 
advertising material or documents relating to it; 
(c) any other practice liable to mislead th e consumer, in particular to give the 
impression that the wine qualifies for the protected traditional term." 
(4) In Article 41, paragraph 1 is replaced by the following: 
"1. Where a traditional term is protected unde r this Regulation, the registration of a 
trademark, the use of which would contra vene Article 40(2), shall be assessed 
in accordance with Directive 2008/95/EC of  the European Parliament and of 
the Council
(*) or Council Regulation (EC) No 207/2009(**). 
Trademarks registered in breach of th e first subparagraph shall be declared 
invalid upon request in accordance with th e applicable procedures as specified 
by Directive 2008/95/EC or Regulation (EC) No 207/2009. 
(*) OJ L 299, 8.11.2009, p. 25. 
(**) OJ L 78, 24.3.2009, p. 1." 
(5) In Article 42, paragraph 1 is replaced by the following: 
"1. A term, for which an application is lodged and which is wholly or partially 
homonymous with that of a traditi onal term already pr otected under this 
Chapter shall be protected with due regard to local and traditional usage and the risk of confusion.  
EN 6   EN A homonymous term which misleads consum ers as to the nature, quality or the 
true origin of the products shall not be re gistered even if the term is accurate. 
The use of a protected homonymous term  shall be subject to there being a 
sufficient distinction in practice between the homony m protected subsequently 
and the traditional term already listed in  the electronic database 'E-Bacchus', 
having regard to the need  to treat the producers c oncerned in an equitable 
manner and not to mislead the consumer." 
(6) A new Article 42a is inserted: 
"Article 42a  
Modification 
An applicant as referred to in Article 29 may apply for an approval of a modification 
of a traditional term, the language indicated, the wine or wines concerned or of the summary of the definition or  conditions of use of the traditional term concerned. 
Articles 33 to 39 apply mutatis mutandis  to applications for modification." 
(7) In Article 47, paragraph 5 is replaced by the following: 
"5. When a cancellation takes effect, the Commission shall remove the name 
concerned from the list set out in th e electronic database 'E-Bacchus'." 
(8) In Article 54, a new paragraph 3 is added: 
"3. In case of partially fermented grape mu st or new wine still in fermentation, the 
actual and/or total alcoholic strength by volume shall appear on the label. When the total alcoholic strength by vol ume appears on the label, the figures 
shall be followed by '% vol' and may be preceded by words 'total alcoholic strength' or 'total alcohol'.". 
(9) Article 56 is amended as follows: 
(a) in the third sub-paragr aph of paragraph 2, the fo llowing second sentence is 
added: 
"These requirements do not apply where bottling is carried out in a place of 
immediate proximity to that of the bottler." 
(b) paragraph 3 is replaced by the following: 
"The name and address of the producer or vendor shall be supplemented by the 
terms ' producer ' or 'produced by ' and ' vendor ' or 'sold by ', or equivalent. 
Member States may decide to: (a) make compulsory the indication of the producer; (b) allow the replacement of the terms ' producer ' or ' produced by ' by 
'processor ' respectively ' processed by '."  
EN 7   EN (10) Article 69 is repl aced by the following: 
"Article 69 
Rules on presentation for certain products 
1. Sparkling wine, quality sparkling wine  and quality aromatic sparkling wine 
produced in the European Un ion shall be marketed or exported in "sparkling 
wine"-type glass bottles closed with: 
(a) for bottles with a nominal volume more than 0,20 litres: a mushroom-
shaped stopper made of cork or other material permitted to come into contact with foodstuffs, held in place by a fastening, covered, if necessary, by a cap and sheathed in foil completely covering the stopper 
and all or part of the neck of the bottle; 
(b) for bottles with a nominal volume content not exceeding 0,20 litres: any 
other suitable closure. 
Other products produced in the Union sh all not be marketed  or exported in 
either "sparkling wine"-type glass bottles  or with a closure as described in 
point (a) of the first subparagraph. 
2. By way of derogation from the sec ond subparagraph of paragraph 1, Member 
States may decide that the following produc ts may be marketed or exported in 
"sparkling-wine"-type glass bottles and/or with a clos ure as described in point 
(a) of the first subparagraph of paragraph 1: 
(a) products traditionally bottled in such bottles and which: 
(i) are listed in Article 113d(1)(a ) of Regulation (EC) No 1234/2007; 
(ii) are listed in points 7, 8 and 9 of Annex XIb to Regulation (EC) 
No 1234/2007; 
(iii) are listed in Council Regulation (EEC) No 1601/1991
7; or 
(iv) have an actual alcoholic stre ngth by volume no greater than 1,2% 
vol; 
(b) products other than those referred to in point (a) provided that they do not 
mislead consumers with regard to the real nature of the product." 
(11) In Article 71 a new paragraph 3 is added: 
"3. By way of derogation from Article 2(2)  of this Regulation, in respect of the 
transmission of the technical files as referred to in point (a) of Article 118s(2) of Regulation (EC) No 1234/2007 the author ities of the Member States may be 
                                                
 
7 OJ L 149, 14.6.1991, p. 1.  
EN 8   EN considered as applicants for the purpos e of the application of point (b) of 
Article 118c(1) of that Regulation." 
(12) Annex II is replaced by Annex I to this Regulation. 
(13) Annex VIII is replaced by  Annex II to this Regulation. 
(14) Annexes XI and XII are deleted. 
Article 2 
Transitional provisions 
1. Prior to the deletion of Annexes XI and XII to Regulation (EC) No 607/2009 by 
point (14) of Article 1 of this Regulat ion, the Commission shall replicate and: 
(a) publish on the Internet the content of Annex XI, and; 
(b) enter in the electronic database "E -Bacchus" the traditional terms listed in 
Annex XII. 
2. Any modification related to a traditiona l term which has been recognized by a 
Member State or a third country and notifie d to the Commission by the date of entry 
into force of this Regulation and which has not been included in Annex XII to Regulation (EC) No 607/2009, sh all not be subject to the procedure referred to in 
Article 42a as introduced by point (6) of Article 1 of this Regulation. The 
Commission shall enter that modification in  the electronic database "E-Bacchus". 
Article 3 
Entry into force 
This Regulation shall enter into force on the seventh day following that of its publication in 
the Official Journal of  the European Union . 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels,  
 For the Commission 
 José Manuel Barroso  
 The President  
EN 9   EN ANNEX I  
"ANNEX II 
SINGLE DOCUMENT 
Date of receipt (DD/MM/YYYY) […] 
[to be completed by the Commission ] 
Number of pages (including this page) […] 
Language used for submission of application […] File number 
[
to be completed by the Commission ] […] 
Applicant 
Name of legal or natural person […] 
Full address (street number and name, town /city and postal code, country)  […] 
Legal status (in the case of legal persons ) […] 
Nationality […] 
Intermediary 
– Member State(s) (*) 
– Third-country authority (*)  
[(*) delete as appropriate ] 
Name(s) of intermediary(ies) […] 
Full address(es) (street number  and name, town/city and postal code, country)  […] 
Name to be registered  […] 
– Designation of origin (*) 
– Geographical indication (*) 
[(*) delete as appropriate] Description of the wine(s) 
(1) […] 
Indication of traditional terms, 
as referred to in Article 118u(1)(2), which are linked to this designation of origin or 
geographical indication  […] 
Specific oenological practices  (3) […] 
Demarcated area […]  
EN 10   EN Maximum yield(s) per hectare […] 
Authorised wine grape varieties  […] 
Link with the geographical area  (4) […] 
Further conditions (3) […] 
Reference to product specification  
[(1) Including a reference to the products covered by Article 118a(1) of Regulation (EC) No 1234/2007.] 
[(2) Article 118u(1) of Regulation (EC) No 1234/2007.] 
[(3) Optional.] [(4) Describe the specific nature of  the product and geograph ical area and the causal link between the two.]" 
EN 11   EN ANNEX II 
"ANNEX VIII  
REQUEST OF OBJECTION 
to 
A TRADITIONAL TERM 
Date of receipt (DD/MM/YYYY) […] 
[to be completed by the Commission ] 
Number of pages (including this page) […] Language of request of objection […] File number [
to be completed by the Commission ] […] 
Objector 
Name of legal or natural person […] 
Full address […] 
(street number and name, town/city and postal code, country) 
Nationality  […]  
Tel, fax, e-mail  […]  
Intermediary 
• Member State(s) (*) 
• Third-country authority (optional) (*)  
[(*) delete as appropriate ] 
Name(s) of intermediary(ies) […] 
Full address(es) […] 
(street number and name, town/city and postal code, country) 
Objected traditional term  […]  
Prior rights 
• Protected designation of origin (*) 
• Protected geographical indication (*) 
• National geographical indication (*)  
[(*) delete as appropriate ] 
Name […] 
Registration number […] Date of registration 
(DD/MM/YYYY)  […]  
EN 12   EN • Existing protected traditional term […] 
• Trademark 
Sign […] 
List of products and services […] Registration number […] Date of registration […] Country of origin […] Reputation/renown 
(*)  
[(*) delete as appropriate ] […] 
Grounds for objection 
• Article 31 (*) 
• Article 35 (*) 
• Article 40(2)(a) (*) 
• Article 40(2)(b) (*) 
• Article 40(2)(c) (*) 
• Article 41(3) (*) 
• Article 42(1) (*) 
• Article 42(2) (*) 
• Article 54 of Regulation (EC) No 479/2008  
[(*) delete as appropriate ] 
Explanation of ground(s)  […] 
Name of signatory […] Signature […]"