# CE2004088EN.01023301.xml

| 8.4.2004 | EN | Official Journal of the European Union | CE 88/233 |
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8.4.2004

EN

Official Journal of the European Union

CE 88/233

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(2004/C 88 E/0236)

WRITTEN QUESTION E-0835/04

by Antonio Di Pietro (ELDR) to the Commission

(15 March 2004)

Subject:   Amendment of rules on wine labelling

Subject:

The Commission recently amended Regulation 753/02 (1), which governs the labelling of wines, allowing third countries to use ‘traditional designations’ of European Union Member States, provided that they comply with certain conditions.

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The new regulation has brought together in a single list two categories of traditional designations which could be used on labels to describe quality wines. Category A included 50 Italian terms, such as Classico, Cacc'e mitte, Fine, Passito and so on, which enjoyed limited protection and could also be used under certain conditions by foreign producers. Category Β included 17 Italian designations and indications, such as Amarone, Brunello, Gutturnio, Recioto and Sforzato, which were strictly reserved for Italian wines.

The outcome of this amendment is that in future these terms will no longer be the exclusive preserve of producers from a particular area, but may be used by non-European countries, provided the wine concerned complied with the rules in force in that country. For example, Australian or Chilean wines could be allowed to put fabricated names on their labels using terms associated with the most well-known Italian wines, leading to possible confusion among consumers.

Furthermore, while Italian and Community wines must comply with the very strict rules governing European quality wines psr in order to use these terms, the amended regulation recognises the possibility for a non-European wine to use terms on its labels that could be authorised and controlled by producers' groups themselves, with the clear risk that there would be no one to verify their veracity or justification.

Does the Commission not think that, during the transitional period up to 15 March, it should as a matter of urgency consider how best to avoid potential fraud that will damage Union consumers and guarantee a transparent and high-quality wine market?

Does the Commission not think that, rather than guarding against possible objections by non-European countries during WTO negotiations, it would be better to protect Europe's wine sector, bearing in mind that the above regulation was adopted in the Wine Management Committee despite the fact that wine-producing countries such as Italy, France, Greece and Luxembourg voted against it?

Answer given by Mr Fischler on behalf of the Commission

(19 April 2004)

(19 April 2004)

On the reasons for our adoption of new labelling rules, following notification of Regulation (EC) No 753/2002 (2) to the World Trade Organisation (WTO) a number of wine-producing third countries voiced severe criticisms. Two consultations were held at Geneva to provide the clarifications requested by them.

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These countries considered our policy on certain traditional terms (List B) to be an example of the Union's attempts to extend the scope of the intellectual property rights covered by the Agreement on Trade-Related Aspects of Intellectual Property Rights by providing for exclusive protection for traditional terms, as is already the case with geographical indications. The Union's policy on protection of geographical indications might well have been endangered and the risk increased of a WTO panel against the EU's entire wine labelling policy.

In the light of these countries' observations we therefore decided to minimise any threat that could weaken the present legislation by amending the Regulation so that traditional terms would be protected in a non-discriminatory way for both wines produced in the Community and imported wines.

The requirements now in force for third country use of traditional terms are equivalent to those in force beforehand for use of the traditional terms of List A in Annex III to Regulation (EC) No 753/2002.

Among these requirements (see Article 1(10) of Regulation (EC) No 316/2004 (3) amending Article 37(1)(e) of Regulation (EC) No 753/2002) are:

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| (a) | the third country must present a substantiated request to the Commission and provide the justificatory data for recognition of the traditional term; |
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(a)

the third country must present a substantiated request to the Commission and provide the justificatory data for recognition of the traditional term;

| (b) | the language of the traditional term must be the official language of the third country and the term in that language must have been used for at least ten years; |
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(b)

the language of the traditional term must be the official language of the third country and the term in that language must have been used for at least ten years;

| (c) | if the language of the traditional term is not the official language its use must be provided for in the country's legislation; in such cases the traditional term in that language must have been used continuously for at least 25 years; |
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(c)

if the language of the traditional term is not the official language its use must be provided for in the country's legislation; in such cases the traditional term in that language must have been used continuously for at least 25 years;

| (d) | that the term be specific and distinctive and that there is no risk of consumers being misled. |
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(d)

that the term be specific and distinctive and that there is no risk of consumers being misled.

In the case of the Italian traditional terms a number of requirements must therefore be met if they are to be used in the Community by third countries. Thus for a traditional term such as Brunello or Amarone to be used, in the first place Italian must be the official language of the third country and the term must have been used for at least ten years, or Italian must be a second language recognised in the third country's legislation and the term must have been used for at least 25 years. Secondly, the term must be specific and distinctive and not such as to mislead the consumer where the wine is sold in the Community. There must also be some tradition behind use of the term in the third country.

It should also be borne in mind that the Member States participate in the decision via the Management Committee for Wine, because any request by a third country must be submitted to the Committee for an opinion.

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(1)  OJ L 118, 4.5.2002, p. 1.

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(2)  Commission Regulation (EC) No 753/2002 of 29 April 2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products, OJ L 118, 4.5.2002.

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(3)  Commission Regulation (EC) No 316/2004 of 20 February 2004 amending Regulation (EC) No 753/2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products, OJ L 55, 24.2.2004.

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