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COMMISSION REGULATION (EEC) No 1011/84
of 10 April 1984
amending for the third time Regulation (EEC) No 997/81 laying down detailed rules for the description and presentation of wines and grape musts
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 1595/83 (2), and in particular Article 54 (5) thereof,
Whereas Commission Regulation (EEC) No 997/81 (3), as last amended by Regulation (EEC) No 1224/83 (4), lays down detailed rules for the description of wines and grape musts; whereas experience gained in applying the said Regulation has shown that a number of amendments need to be made;
Whereas, in order to give the bottler more freedom as regards the manner in which he presents the mandatory information on wine labels, and in particular to permit the use of additional labels for all the mandatory information required on imported wines, the principle should be laid down that all the mandatory information may be grouped together in the same field of vision rather than on a single label;
Whereas, in the interests of the consumer, it should be specified that the actual or total alcoholic strength indicated on the label must be that determined by analysis; whereas the figure giving the alcoholic strength must, nonetheless, for the sake of simplification, be able to be rounded off within certain limits; whereas experience shows that the tolerance permitted hitherto should be revised;
Whereas Australia has asked to be allowed to export to the Community wines bearing the name of two vine varieties and, in order to avoid discrimination between imported wines and Community wines as regards description, an addition should be made to Regulation (EEC) No 997/81 concerning the description of Australian wines;
Whereas, having regard to the importance of the residual sugar content for the description of certain types of wine, the use of the descriptive terms indicated should have to conform to analytical criteria, which should be indicated on the label; whereas this would facilitate consumer choice;
Whereas the German and Dutch versions of the second indent of Article 16 (1) of Regulation (EEC) No 997/81 differ manifestly from the versions in the other official Community languages; whereas those two versions should be amended to make the provision uniform in all the official languages; whereas, to the same end, footnote (8) in the Greek version of Annex III, point III (Greece) should be deleted;
Whereas several additions or corrections should be made to the lists contained in Annexes II, III and IV to Regulation (EEC) No 997/81 in accordance with requests by certain non-member countries and in compliance with the general rules laid down by Council Regulation (EEC) No 355/79 (5), as last amended by Regulation (EEC) No 3685/81 (6);
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
Regulation (EEC) No 997/81 is hereby amended as follows:
1. Article 1 (1) is replaced by the following:
'1. The mandatory information on the label required by Articles 2 (1), 12 (1), 22 (1), 27 (1), 28 (1) and 29 (1) of Regulation (EEC) No 355/79, and that made mandatory by the Member States under Articles 3 (2), 13 (2) and 23 (2) or by the Commission under Article 30 (3) of that Regulation:
- shall be grouped together in the same field of vision on one or more labels affixed to the same container or directly on the container itself, and
- shall be in lettering which is clear, legible, indelible and sufficiently large to show up clearly against the background on which it is printed and such as to be clearly distinguishable from all other writing and designs on the label.
However, the mandatory information relating to the importer may be outside the field of vision in which the other mandatory information is contained.'
2. Article 8 (1) is replaced by the following:
'1. The information regarding actual alcoholic strength referred to in Articles 2 (2) (f), 12 (2) (g), 22 (1) (b), 27 (2) (d), 28 (2) (f) and 29 (1) (b) of Regulation (EEC) No 355/79 shall be given as a unit or half-unit percentage by volume. Without prejudice to the margins of error specified in the reference method of analysis used pursuant to Commission Regulation (EEC) No 1108/82 (1), the alcoholic strength indicated may not be more than 0,3 % vol more or more than 0,5 % vol less than the strength determined by analysis.
The figure expressing the actual alcoholic strength shall be followed by the symbol "% vol" and may be preceded by the words "alcoholic strength" or "actual alcohol".
(1) OJ No L 133, 14. 5. 1982, p. 1.'
3. Article 12 (2) (a) is replaced by the following:
'(a) Austria, the United States of America, New Zealand and Australia to be described by the names of two vine varieties, provided these wines are obtained entirely from the varieties indicated. In such case the percentage of each of the varieties contained in the wine may be specified if such information is provided for in the national provisions of the country concerned in respect of its domestic market;'
4. Article 13 (6) is replaced by the following:
'6. Pursuant to Articles 2 (2) (h), 12 (2) (k), 27 (2) (i) and 28 (2) (k) of Regulation (EEC) No 355/79, the following terms may be used as appropriate:
(a) "sec", "trocken", "secco" or "asciutto", "dry", "toer" or " xirós", only if the wine concerned has a residual sugar content of:
- four grams per litre maximum, or
- nine grams per litre maximum where the level of the total acidity expressed as grams of tartaric acid per litre is not more than two grams per litre below the residual sugar content, or
- 10 grams per litre maximum in the case of quality wines psr entitled to the appellation "Frascati", for a transitional period ending on 31 August 1985;
(b) "demi-sec", "halbtrocken", "abboccato", "medium dry", "halvtoer" or "imíxiros", only if the wine in question has a residual sugar content exceeding the figures specified in (a) but not exceeding:
- 12 grams per litre, or
- 18 grams per litre where the total acidity content is fixed pursuant to the first indent of the second subparagraph;
(c) "moelleux", "lieblich", "amabile", "medium", "medium sweet", "halvsoed", or "imíglykos", only if the wine in question has a residual sugar content exceeding the figures specified in (b) but not exceeding 45 grams per litre;
(d) "doux", "suess", "dolce", "sweet", "soed", or "glykýs", only if the wine in question has a residual sugar content of at least 45 grams per litre.
Member States may prescribe
- in respect of the use of the terms referred to in (b) and (c) of the first subparagraph in the case of certain quality wines psr obtained in their territory, the minimum total acidity as an additional analysis criterion.
- in respect of the use of the terms referred to in (d) of the first subparagraph, a minimum residual sugar content of not less than 35 grams per litre, provided that such a requirement is laid down in the national provisions governing production.
The Commission shall publish the measures adopted by Member States pursuant to the second subparagraph in the 'C' series of the Official Journal of the European Communities.
Without prejudice to Articles 3 (3) ans 13 (3) of Regulation (EEC) No 355/79, the provisions of the first and second subparagraphs shall not preclude the possibility of the Member States permitting the residual sugar content of wines marketed on their territory to be indicated by a figure or other mark forming part of a graduated scale.' 5. The text of the second indent of Article 16 (1) in the German and Dutch versions is replaced by the following:
(a) in the German version:
'- zu den natuerlichen oder technischen Weinbaubedingungen, die diesem Wein zugrundeliegen,'
(b) in the Dutch version:
'- de aan deze wijn ten grondslag liggende natuurlijke of technische omstandigheden van de wijnbouw'.
6. The following is added to the first subparagraph of Article 16 (2) under (c):
'- "crianza" in the case of imported wines originating in Spain bearing one of the geographical ascriptions listed in Annex II, point VII, provided that the Spanish provisions regarding the use of that term are observed.'
7. The second paragraph of Article 19 is replaced by the following:
'The above wording shall be printed in letters at least 120 mm high.'
8. The Annexes are amended in accordance with the Annex to this Regulation.
Article 2
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, 10 April 1984.