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"B COMMISSION REGULATION (EC) No 881/98
of 24 April 1998
laying down detailed rules for the protection of the additional traditional terms used to designate certain
types of quality wine produced in specified regions (quality wine psr)
(OJ L 124, 25.4.1998, p. 22)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 2215/98 of 15 October 1998 L 279 4 16.10.1998
"M2 Commission Regulation (EC) No 806/1999 of 16 April 1999 L 102 67 17.4.1999
"M3 Commission Regulation (EC) No 2253/1999 of 25 October 1999 L 275 8 26.10.1999
"M4 Commission Regulation (EC) No 1608/2000 of 24 July 2000 L 185 24 25.7.2000
"M5amended by Commission Regulation (EC) No 2631/2000 of 30
November 2000 L 302 36 1.12.20001998R0881 — EN — 01.12.2000 — 004.001 — 1
COMMISSION REGULATION (EC) No 881/98
of 24 April 1998
laying down detailed rules for the protection of the additional traditional
terms used to designate certain types of quality wine produced in
specified regions (quality wine psr)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 823/87 of 16 March 1987
laying down special provisions relating to quality wines produced in specifiedregions (quality wines psr) (
1), as last amended by Regulation (EC) No
1426/96 (2), and in particular Article 15(8) thereof,
Whereas Article 15(1) and (2) of Regulation (EEC) No 823/87 provides for
the protection of terms traditionally used to designate quality wines psr;whereas the Community terms and the traditional specific terms allowed byMember States’ laws referred to in Article 15(1) and (2) are listed in that
Article, thus ensuring that they are known and protected in the Community;
whereas, however, the additional traditional terms allowed by the nationallaws of the producer Member States referred to in Article 15(2) of Regulation
(EEC) No 823/87 have not yet been listed in full; whereas a list of those terms
should be drawn up in order to ensure that they are known and to reinforcetheir protection in the Community;
Whereas, in order to benefit from protection in all Member States, the
additional traditional terms should be registered at Community level so that
the wine industry and consumers can be kept informed;
Whereas some of the additional traditional terms used to designate still and
semi-sparkling wines are listed already in Community regulations on the
designation of these wines;
Whereas, for some categories of wines, semi-sparkling and liqueur wines in
particular, the additional traditional terms allowed by national laws have notyet been listed in Community legislation; whereas, however, the Member
States have sent the Commission a list of the traditional terms recognised for
liqueur and semi-sparkling wines, with references for each of them to thenational provisions applicable; whereas the Annex to this Regulation shouldinclude a list of those which are sufficiently closely linked with one or more
quality liqueur wines produced in a specified region (quality liqueur wines
psr) or semi-sparkling wines produced in a specified region (qualitysemi-sparkling wines psr) to warrant exclusive protection on grounds oftheir renown and/or exclusiveness;
Whereas, however, some additional traditional terms which may be used for a
category of quality liqueur or semi-sparkling wines psr in one or moreMember States are used under comparable conditions and fairly andcontinously for certain wines designated using the geographical name of a
third country; whereas provision should be made to enable those terms to be
used under certain conditions for those wines in the Community;
Whereas the additional traditional terms qualifying for protection must satisfy
certain requirements;
Whereas, in order to establish conditions of fair competition between the
various wines, protection should be given to the additional traditional termslisted in the Annex on the one hand to safeguard against their use in thedescription and presentation of other wines not entitled to those terms and on
the other hand to prevent the reputation of the terms from being exploited and
the public from being misled; whereas, for the effective protection of theterms used to designate quality liqueur or semi-sparkling wines psr, it isimportant to ban the use of brand names containing words identical to a
traditional term shown in the Annex to this Regulation; whereas it is
necessary however to safeguard the legitimate expectations of the owners ofbrand names registered before the entry into force of this Regulation;!B
(1) OJ L 84, 27. 3. 1987, p. 59.
(2) OJ L 184, 24. 7. 1996, p. 1.1998R0881 — EN — 01.12.2000 — 004.001 — 2
Whereas some quality liqueur and sparkling wines psr use additional
traditional terms to distinguish themselves clearly from other products on thebasis of their specific characteristics; whereas in order to ensure protectionfor consumers the use of these terms should be monitored;
Whereas this Regulation concerns protection of the use of the terms
concerned only for wine and not for other drinks; whereas ‘wine’ means the
product falling within CN code 2204;
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
1. This Regulation lays down detailed rules for the protection of the
additional traditional terms for quality liqueur and semi-sparkling wines psr
allowed by the national laws of the producer Member States referred to in
Article 15(2) of Regulation (EEC) No 823/87.
However, this Regulation shall not prevent a term being used in the
designation or presentation of a wine or a grape must where such use ispermitted pursuant to Council Regulation (EEC) No 2392/89 (
1), (EEC) No
3201/90 (2), (EEC) No 2333/92 (3) or (EC) No 554/95 (4).
2. For the purposes of this Regulation ‘additional traditional term’ means a
term traditionally used to designate quality wines psr in the producer Member
States which refers in particular to a method of production, preparation or
ageing or to a quality, colour or type of wine and which is recognised by thelaws of the producer Member States for the purposes of the designation and
presentation of quality wines psr originating in their territory.
Article 2
In order to benefit from the protection referred to in Article 1(1), an
additional traditional term used to designate a quality liqueur or semi-spark-
ling wine psr must:
— be specific in itself and be precisely defined in the legislation of the
Member State,
— be sufficiently distinctive and/or of established repute,
— have been used traditionally and continuously, i.e. have been used for at
least five years before being officially approved for use in the Member
State,
— be linked with one or, as appropriate, several quality liqueur or
semi-sparkling wines psr or categories of quality liqueur or semi-spark-ling wines psr.
Article 3
1. The additional traditional terms authorised in the producer Member
States referred to in Article 1(1), which are reserved for the quality liqueur orsemi-sparkling wines psr in respect of which they have been recognised and
which may be used only to designate the wines referred to in Article 1(2) of
Regulation (EEC) No 823/87, are listed in the Annex in this Regulation.
However, notwithstanding the first subparagraph, some of the additional
traditional terms listed in the Annex may be authorised, as appropriate, in thelanguage of the third country of origin, for liqueur and semi-sparkling winesdesignated using a geographical name protected in third countries provided
those countries:
— fulfil conditions equivalent to those listed in Article 2,
— have presented an application to the Commission and forwarded the
relevant laws;!B
(1) OJ L 232, 9. 8. 1989, p. 13.
(2) OJ L 309, 8. 11. 1990, p. 1.
(3) OJ L 231, 13. 8. 1992, p. 9.
(4) OJ L 56, 14. 3. 1995, p. 3.1998R0881 — EN — 01.12.2000 — 004.001 — 3
The list of third countries and traditional terms that can be used in the
designation of liqueur and semi-sparkling wines in the Community is given inthe Annex to this Regulation.
2. Member States shall communicate to the Commission:— the traditional terms authorised in their legislation for quality liqueur and
semi-sparkling wines psr,
— where appropriate, the traditional terms no longer protected in their
country of origin.
Article 4
1. The additional traditional terms listed in the Annex shall be protected
against:
(a) their direct or indirect commercial use in respect of wines not covered, in
so far as those products are comparable to the products registered under
that name or in so far as such use exploits the reputation of the protected
term;
(b) any misuse, imitation or evocation, including where the protected term is
accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘asproduced in’, ‘imitation’ or similar;
(c) any other unwarranted, false or misleading indication as to the nature or
essential qualities of the wine, on the inner or outer packaging,
advertising material or documents relating to the product concerned;
(d) any other practice liable to mislead the public and in particular give the
impression that the wine qualifies for the protected traditional term.
2. Brand names used on labels to designate wine shall not contain any of the
traditional terms listed in the Annex unless the wine is entitled to such
designation.
However, the previous subparagraph shall not apply to brand names registered
before the entry into force of this Regulation and actually in use sinceregistration.
Article 5
Member States shall take the measures necessary to monitor and provide the
protection referred to in Article 4 for the additional traditional terms listed in
the Annex.
Article 6
Member States shall take all necessary action to ensure that terms used at
national level cannot be confused with those listed in the Annex and reserved
pursuant to Article 3(1).
Article 6a
Wines designated and presented in accordance with the rules in force at the
time they were placed in circulation but whose designation and presentation
are no longer in accordance with those rules following an amendment of thelatter may be held for sale, placed in circulation or exported until stocks are
exhausted.
Labels printed in accordance with the rules in force at the time they were
placed in circulation and which are no longer in accordance with those rulesfollowing an amendment of the latter may be used for one year from the dateof application of that amendment.
Article 7
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
It shall apply from
"M4"M531 March 2001 33 .
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B
!M1
!B1998R0881 — EN — 01.12.2000 — 004.001 — 4
ANNEX
List of additional traditional terms referred to in Article 3(1)
Additional traditional terms
ITAL Y
—Quality liqueur wines psr:
Ambra DOC MarsalaAmbrato DOC Malvasia delle Lipari and DOC Vernaccia di Oristano
Extra DOC Moscato Passito di Pantelleria
Fine DOC MarsalaLacryma Christi DOC Vesuvio
Oro DOC Marsala
Passito DOC Moscato Passito di PantelleriaRiserva DOC Marsala DOC Girò di Cagliari, DOC Malvasia di Cagliari, DOC Monica di
Cagliari, DOC Moscato di Cagliari, DOC Nasco di Cagliari
Rubino DOC Marsala
Soleras DOC MarsalaStravecchio DOC Marsala
Vergine DOC Marsala
—Quality semi-sparkling wines psr:
Buttafuoco DOC Oltrepò Pavese
Gutturnio DOC Colli Piacentini
Pagadebit DOC Pagadebit di RomagnaSangue di Giuda DOC Oltrepò Pavese
Vivace DOC Oltrepò Pavese, DOC Colli Bolognesi and DOC Colli Piacentini
SPAIN
—Quality liqueur wines psr:
Amontillado DDOO Jerez-Xérès-Sherry y Manzanilla Sanlúcar de Barrameda and DO
Montilla-Moriles
Criadera DDOO Jerez-Xérès-Sherry y Manzanilla Sanlúcar de Barrameda, DO Montilla-
Moriles, Málaga and DO Condado de Huelva
Dorado DO RuedaFino DDOO Jerez-Xérès-Sherry y Manzanilla Sanlúcar de Barrameda, DO Montilla-
Moriles
Lágrina DO Málaga
Vino Maestro DO MálagaOloroso DDOO Jerez-Xérès-Sherry y Manzanilla Sanlúcar de Barrameda and DO
Montilla-Moriles
Pajarete DO Málaga
Pálido DO Condado de Huelva and DO RuedaPalo Cortado DDOO Jerez-Xérès-Sherry y Manzanilla Sanlúcar de Barrameda and DO
Montilla-Moriles
Rancio DO Priorato, DO Tarragona!
B1998R0881 — EN — 01.12.2000 — 004.001 — 5
Raya DO Montilla-Moriles
Solera DDOO Jerez-Xérès-Sherry y Manzanilla Sanlúcar de Barrameda, DO Montilla-
Moriles, DO Málaga and DO Condado de Huelva
Soleras y criaderas DDOO Jerez-Xérès-Sherry y Manzanilla Sanlúcar de Barrameda, DO Montilla-
Moriles, DO Málaga and DO Condado de Huelva
FRANCE
—Quality liqueur wines psr:
Ambre AOC Rivesaltes
Hors d’âge AOC Rivesaltes
Rancio AOC Grand Roussillon, AOC Rasteau, AOC Maury, AOC Banyuls, AOC RivesaltesTuile AOC Rivesaltes
GREECE
—Quality liqueur wines psr:
Απ/omikronacute διαλεκτ/omikronύς αµπελώνες
(Grand cru)/Omikron.Π.Ε. Σάµ/omikronς ( Samos)
/Omikron.Π.Ε. Μ/omikronσ/khiάτ/omikronς Λήµν/omikronυ ( Moskhatos Limnou)
/Omikron.Π.Ε. Μ/omikronσ/khiάτ/omikronς Πατρών ( Moskhatos Patron)
/Omikron.Π.Ε. Μ/omikronσ/khiάτ/omikronς Ρί/omikronυ-Πατρών ( Moskhatos Riou-Patron)
/Omikron.Π.Ε. Μ/omikronσ/khiάτ/omikronς Ρ/omikronacuteδ/omikronυ ( Moskhatos Rodou)
/Omikron.Π.Ε. Μ/omikronσ/khiάτ/omikronς Κεφαλληνίας ( Moskhatos Kefallinias)
Reserve /Omikron.Π.Ε. Μαυρ/omikronδάφνη Πατρών ( Mavrodafni Patron)
/Omikron.Π.Ε. Μαυρ/omikronδάφνη Κεφαλληνίας ( Mavrodafni Kefallinias)
Vieille Reserve /Omikron.Π.Ε. Μαυρ/omikronδάφνη Πατρών ( Mavrodafni Patron)
/Omikron.Π.Ε. Μαυρ/omikronδάφνη Κεφαλληνίας ( Mavrodafni Kefallinias)
Grand Reserve /Omikron.Π.Ε. Μαυρ/omikronδάφνη Πατρών ( Mavrodafni Patron)
/Omikron.Π.Ε. Μαυρ/omikronδάφνη Κεφαλληνίας ( Mavrodafni Kefallinias)
PORTUGAL
—Quality liqueur wines psr:
Amadurecido DO Madeira
Aveludado DO Madeira
Canteiro DO MadeiraColheita DO Madeira, DO Carcavelos, DO Porto, DO Setúbal
Com indicação de idade:
5 anos de idade DO Madeira10 anos de idade DO Porto, DO Madeira, DO Setúbal, DO Carcavelos
15 anos de idade DO Madeira
20 anos de idade DO Porto, DO Madeira, DO Setúbal, DO Carcavelos30 anos de idade DO Porto, DO Setúbal, DO Carcavelos
+40 anos de idade DO Porto, DO Setúbal, DO Carcavelos, DO Madeira
Crusted or Crusting DO Porto!
B1998R0881 — EN — 01.12.2000 — 004.001 — 6
Escuro DO Madeira
Frasqueira DO Madeira
Lágrima DO Porto
Late bottled Vintage or LBV DO PortoLeve Seco DO PortoRoxo DO Setúbal
Ruby DO Porto
Solera DO MadeiraTawny DO Porto
Vintage DO Porto
Vintage Character DO Porto!
B1998R0881 — EN — 01.12.2000 — 004.001 — 7