1991R1601 — EN — 02.11.1996 — 004.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EEC)No1601/91
of10June1991
laying down general rules on the definition, description and presentation of aromatized wines,
aromatized wine-baseddrinksandaromatized wine-productcocktails
(OJ L 149, 14.6.1991, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 3279/92 of 9 November 1992 L 327 1 13.11.1992
►M2Regulation (EC) No 3378/94 of the European Parliament and of the
Council of 22 December 1994L 366 1 31.12.1994
►M3Regulation (EC) No 2061/96 of the European Parliament and of the
Council of 8 October 1996L 277 1 30.10.1996
Amended by:
►A1Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
Corrected by:►
C1Corrigendum, OJ L 257, 14.9.1991, p. 48 (1601/91)
►C2Corrigendum, OJ L 310, 12.11.1991, p. 16 (1601/91)
▼B
COUNCILREGULATION(EEC)No1601/91
of10June1991
layingdowngeneralrulesonthedefinition,descriptionandpresen-
tation of aromatized wines, aromatized wine-based drinks and
aromatized wine-productcocktails
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Articles 43 and 100a thereof,
Having regard to the proposal from the Commission (
1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social
Committee (3),
Whereas there are at present no specific Community rules governing
aromatized wines, aromatized wine-based drinks and aromatized wine-
product coktails hereinafter called ‘aromatized drinks’, in particularwith regard to the difinition of such drinks and the requirementsconcerning their description and presentation; whereas, given theeconomic importance of these drinks, it is necessary, in order to assist
the functioning of the common market, to lay down common provi-
sions on this subject;
Whereas these aromatized drinks constitute a major outlet for Commu-
nity agriculture; whereas this outlet is largely the result of the
reputation which certain of these drinks have acquired throughout theCommunity and on the world market; whereas this reputation can beattributed to the quality of the drinks in question; whereas a certainquality standard should therefore be maintained for the drinks in ques-
tion if this outlet is to be preserved; whereas the appropriate means of
maintaining this quality standard is to define the said drinks, takinginto account the traditional practices on which their reputation is based;whereas, moreover, the terms thus defined should be used only fordrinks of the same quality as traditional drinks so as to prevent theirbeing devalued;
Whereas it is appropriate that an appropriate framewerok be created for
aromatized drinks which are composed for the major part of wine or
musts, while allowing for development and innovation as regards such
drinks; whereas this objective can be achieved the more easily bycreating three categories of drinks on the basis of their wine content,alcoholic strength and whether or not alcohol has been added to them;
Whereas it is appropriate that Community rules should reserve, for
certain territories, the use of geographical ascriptions referring thereto,provided that the stages of production during which the finishedproduct acquires its characteristics and definitive properties are
completed in the geographical area in question;
Whereas the customary means of informing the consumer is to include
certain information on the label; whereas the labelling of aromatized
drinks is subject to the general rules laid down in Council Directive79/112/EEC of 18 December 1978 on the approximation of the lawsof the Member States relating to the labelling, presentation and adver-tising of foodstuffs for sale to the ultimate consumer (
4), as last
amended by Directive 89/395/EEC (5); whereas, in view of the nature
of the drinks in question and so that the consumer may have fuller
information, provisions additional to these general rules should beadopted;1991R1601 — EN — 02.11.1996 — 004.001 — 2
(1) OJ No C 269, 25. 10. 1986, p. 15.
(2) OJ No C 127, 14. 5. 1984, p. 185 and
OJ No C 129, 20. 5. 1991.
(3) OJ No C 124, 9. 5. 1983, p. 16.
(4) OJ No L 33, 8. 2. 1979, p. 1.
(5) OJ No L 186, 30. 6. 1989, p. 17.
▼B
Whereas, in the mind of the consumer, the reputation of certain aroma-
tized drinks is closely linked to a traditional origin; whereas, in order toensure that the consumer is appropriately informed and to take account
of these specific cases, it is appropriate to make it compulsory to indi-
cate the origin in cases where the drink does not come from thetraditional region of production;
Whereas, in order to enable appropriate information to be given on the
composition of the drink, certain labelling rules relating to the nature ofthe alcohol used should be adopted;
Whereas Council Directive 80/778/EEC of 15 July 1980 relating to the
quality of water intended for human consumption (
1), as last amended
by Directive 81/858/EEC (2), and Council Directive 80/777/EEC of 15
July 1980 on the approximation of the laws of the Member Statesrelating to the exploitation and marketing of natural mineral waters (
3),
as last amended by Directive 85/7/EEC (4), lay down the characteristics
of the water which may be used in foodstuffs; whereas reference
should be made thereto;
Whereas Council Directive 88/388/EEC of 22 June 1988 on the
approximation of the laws of the Member States relating to flavourings
for use in foodstuffs and to source materials for their production (5)
puts forward definitions of various terms liable to be used in connec-tion with flavouring; whereas the same terminology should be used inthis Regulation;
Whereas specific provisions should be adopted concerning description
and presentation for imported aromatized drinks, bearing in mind theCommunity's commitmets in its relations with third countries;
Whereas, in order to defend the reputation of Community aromatized
drinks on the world market, the same rules should be extended to
exported drinks, except where there are contrary provisions, bearing inmind traditional habits and practices;
Whereas it is preferable to act by way of a Regulation in order to
ensure the uniform and simultaneous implementation of the measures
in question;
Whereas, in order to simplify and expedite the procedure, the Commis-
sion should be instructed to adopt implementing measures of a
technical nature; whereas, for this purpose, provision should be madefor a procedure whereby the Member States and the Commission cancooperate closely within an Implementation Committee;
Whereas transitional measures are necessary to facilitate the dangeover
to the system intoduced by this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down the general rules on the definition, descrip-
tion and presentation of aromatized wines, aromatized wine-baseddrinks and aromatized wine-product cocktails.1991R1601 — EN — 02.11.1996 — 004.001 — 3
(1) OJ No L 229, 30. 8. 1980, p. 11.
(2) OJ No L 319, 7. 11. 1981, p. 19.
(3) OJ No L 229, 30. 8. 1980, p. 1.
(4) OJ No L 2, 3. 1. 1985, p. 22.
(5) OJ No L 184, 15. 7. 1988, p. 61.
▼B
Article 2
1. For the purposes of this Regulation:
(a) aromatized wine shall mean:
a drink:
— obtained from one or more of the wine products defined in
points 5 and 12 to 18 of Annex I to Regulation (EEC) No 822/87 (
1), including the quality wines produced in specific regions
defined in Article 1 (2) of Regulation (EEC) No 823/87 (2) and
with the exception of retsina table wine, possibly with added
grape must and/or grape must in fermentation,
— to which alcohol has been added as defined in Article 3 (d), and
— which has been flavoured with the aid of:
— natural flavouring substances and/or natural flavouring
preparations as defined in Article 1 (2) (b) (i) and (c) of
Directive 88/388/EEC. Without prejudice to the morerestrictive provisions in paragraph 2, the use of substancesand preparations identical to natural substances and prepara-tions, as defined in Article 1 (2) (b) (ii) of that Directive,may be authorized in certain cases and under certain condi-
tions, in accordance with the procedure laid down in Article
14, and/or
— aromatic herbs and/or spices and/or flavouring foodstuffs,
— which has generally been sweetened and, subject to the excep-
tions provided for in paragraph 2, has possibly been coloured
with caramel,
— which has a minimum actual alcoholic strength by volume of
14,5 % vol or more and a maximum actual alcoholic strengthby volume of less than 22 % vol and a minimum total alcoholicstrength by volume of 17,5 % vol or more; however, for thoseproducts which, pursuant to paragraph 5, bear the description
‘dry’ or ‘extra dry’, the minimum total alcoholic strength by
volume shall be set at 16 % vol and 15 % vol respectively.
The wine and/or fresh grape musts with fermentation arrested by
the addition of alcohol, used in the preparation of an aromatizedwine must be present in the finished product in a proportion of
not less than 75 %. Article 5 notwithstanding, the minimum natural
alcoholic strength by volume of the products used shall be thatprovided for in Article 18 (1) of Regulation (EEC) No 822/87.
The description ‘aromatized wine’ may be replaced by ‘wine-based
aperitif’. The use of the term ‘aperitif’ in this connection is without
prejudice to the use of the term to define products which do not fallwithin the scope of this Regulation;
(b) aromatized wine-based drink shall mean:
a drink
— obtained from one or more of the wines defined in points 11 to
13 and 15 to 18 of Annex I to Regulation (EEC) No 822/87,including the quality wines produced in specified regionsdefined in Article 1 (2) of Regulation (EEC) No 823/87 and
with the exception of wines produced with the addition of
alcohol and retsina table wine, possibly with added grape mustand/or partially fermented grape must,1991R1601 — EN — 02.11.1996 — 004.001 — 4
(1) OJ L 84, 27. 3. 1987, p. 1. Regulation as last amended by Regulation (EC)
No 1544/95 (OJ No L 148, 30. 6. 1995, p. 31).
(2) OJ No L 84, 27. 3. 1987, p. 59. Regulation as last amended by Regulation
(EC) No 3011/95 (OJ No L 314, 28. 12. 1995, p. 14).▼M3
▼B
▼M3
▼B
▼M3
▼B
— which has been flavoured with the aid of:
— natural flavouring substances and/or natural flavouring
preparations and/or substances or preparations identical
thereto as defined in Article 1 (2) (b) (i) and (ii) and (c) of
Directive 88/388/EEC; the use of artificial substances asdefined in Article 1 (2) (b) (iii) of that Directive may beauthorized in certain cases and under certain conditions, inaccordance with the procedure laid down in Article 14,and/or
— aromatic herbs and/or spices and/or flavouring foodstuffs,
— which has possibly been sweetened,
— to which no alcohol has been added, subject to the exceptions
referred to in the product definition given in this Regulation ordecided upon in accordance with the procedure laid down inArticle 14,
— which has an actual alcoholic strength by volume of 7 % vol or
more and less than 14,5 % vol.
The wines used in the preparation of an aromatized wine-based
drink must be present in the finished product in a proportion ofnot less than 50 %. Without prejudice to Article 5, the minimumnatural alcoholic strength by volume of the products used shall be
that provided for in Article 18 (1) of Regulation (EEC) No 822/87;
(c) aromatized wine-product cocktail
shall mean a drink:— obtained from wine and/or grape must:
— which has been flavoured with the aid of:
— natural flavouring substances and/or natural flavouring
preparations and/or substances or preparations identicalthereto as defined in Article 1 (2) (b) (i), (ii) and (c) of
Directive 88/388/EEC; the use of artificial substances as
defined in Article 1 (2) (b) (iii) of that Directive may beauthorized in certain cases and under certain conditions, inaccordance with the procedure laid down in Article 14,and/or
aromatic herbs and/or spices and/or flavouring foodstuffs,
— has has possibly been sweetened and possibly been coloured,
— to which no alcohol has been added,
— which has an actual alcoholic strength by volume of less than
7 % vol.
The wine and/or grape must used in the preparation of an aroma-
tized wine-product cocktail must be present in the finished
product in a proportion of not less than 50 %. Without prejudiceto Article 5, the minimum natural alcoholic strength by volume ofthe products used shall be that provided for in Article 18 (1) ofRegulation (EEC) No 822/87.
Specific descriptions may be decided upon in accordance with the
procedure laid down in Article 13.
The use of the term ‘cocktail’ in this connection shall be without
prejudice to its use to define products which do not fall within the
scope of this Regulation.
2. Definition of the various categories of aromatized wine the
description of which may replace ‘aromatized wine’:
(a)Vermouth:
aromatized wine which has been prepared from wine as referred to
in paragraph 1 (a), the characteristic taste of which is obtained by
the use of appropriate derived substances, in particular of the Arte-
misia species, which must always be used; this drink may besweetened only by means of caramelized sugar, sucrose, grapemust, rectified concentrated grape must and concentrated grapemust.1991R1601 — EN — 02.11.1996 — 004.001 — 5
▼C2
▼B
▼B
(b)Bitter aromatized wined:
aromatized wine with a characteristic bitter flavour. The description
‘bitter aormatized wine’ shall be followed by the name of the mainbitter-flavouring substance, without prejudice to Article 8 (3).
The following expressions, or equivalent expressions in other offi-
cial languages of the Communities, may be used to supplement orreplace this description:
— ‘Quinquina wine’, where the main flavouring is natural quinine
flavouring,
— ‘Bitter vino’, where the main flavouring is natural gentian
flavouring and the drink has been coloured with authorizedyellow and/or red colouring matter; the use of the word ‘bitter’
in this connection shall be without prejudice to its use to define
products which do not fall within the scope of this Regulation,
— ‘Americano’, where the flavouring is due to the presence of
natural flavouring substances derived from wormwood andgentian and the drink has been coloured with authorized yellowand/or red colouring matter.
(c)Egg-based aromatized wine:
Aromatized wine to which good-quality egg yolk or contracts
thereof have been added and which has a sugar content expressedin terms of invert sugar of more than 200 grams and a minimumegg yolk content of 10 grams per litre of finished product.
The term ‘cremovo’ may accompany the term ‘egg-based aroma-
tized wine’ where such wine contains Marsala wine in aproportion of not less than 80 %.
The term ‘cremovo zabaione’ may accompany the term ‘egg-based
aromatized wine’ where such wine contains Marsala wine in aproportion of not less than 80 % and has an egg yolk content of
not less than 60 grams per litre.
(d)Väkevä viiniglögi — Starkvinsglögg:
An aromatized wine which has been prepared from wine as
referred to in paragraph 1 (a), the characteristic taste of which is
obtained by the use of cloves and/or cinnamon which must alwaysbe used together with other spices; this drink may be sweetenedaccording to Article 3 (a).
3. Definitions of the various categories of aromatized wine-based
drinks the description of which may:
— replace the description ‘aromatized wine-based drink’ in the
Member State of production,
— be used to supplement ‘aromatized wine-based drink’ in the other
Member States:
(a)Sangria:
a drink obtained from wine:— aromatized with the addition of natural citrus-fruit extracts
or essences,
— with or without the juice of such fruit,— possibly:
— with added spices,
— sweetened,— with added CO
2,
and having an acquired alcoholic strength by volume of less
than 12 % vol;1991R1601 — EN — 02.11.1996 — 004.001 — 6
▼A1
▼B
▼M1
▼B
(b)Clarea:
a drink obtained from white wine under the same conditions as
in (a).
The description ‘Clarea’ must be accompanied by the words
‘produced in …’ followed by the name of the Member Stateof production or of a more restricted region except where theproduct is produced in Spain.
The description ‘Clarea’ may replace the description ‘aroma-
tized wine-based drink’ only where the drink is manufactured
in Spain;
(c)Zurra:
a drink obtained by adding brandy or wine spirits as defined in
Regulation (EEC) No 1576/89 (
1) to the drinks defined in (a)
and (b), possibly with the addition of pieces of fruit. The actualalcoholic strength by volume must be 9 % vol or more and less
than 14 % vol;
(d)Bitter soda:
an aromatized drink obtained from bitter vino the content of
which in the finished product must not be less than 50 % byvolume, with added CO
2or carbonated water and possibly the
same colourants as bitter vino. The actual alcoholic strength byvolume must be 8 % vol or more and less than 10,5 % vol. The
use of the word ‘bitter’ in this connection shall be without
prejudice to its use to define products which do not fall withinthe scope of this Regulation;
(e)Kalte Ente:
an aromatized wine-based drink obtained by mixing wine,
semi-sparkling wine or semi-sparkling wine with added CO
2with sparkling wine or sparkling wine with added CO2, and
adding natural lemon substances or extracts thereof►
M3 ◄. The finished product must contain not
less than 25 % by volume of the sparkling wine or sparklingwine with added CO
2;
(f)Glühwein:
►M3An aromatized drink obtained exclusively from red or
white wine, flavoured mainly with cinnamon and/or cloves;
without prejudice to the quantities of water resulting fromrecourse to Article 3 (a), the addition of water is forbidden ◄.
Where it has been prepared from white wine, the sales descrip-tion ‘Glühwein’ must be supplemented by the words ‘whitewine’;
(f)aViiniglögi — Vinglögg:
►
M3An aromatized drink obtained exclusively from red or
white wine, flavoured mainly with cinnamon and/or cloves ◄.
Where it has been prepared from white wine, the sales descrip-tion ‘Viiniglögi — Vinglögg’ must be supplemented by thewords ‘white wine’;
(g)Maiwein:
an aromatized drink obtained from wine with added asperula
odorataplants or extracts thereof so as to ensure a predomi-
nant taste of asperula odorata;
(h)Maitrank:
an aromatized drink obtained from dry white wine in which
asperula odorata plants have been macerated or to which
extracts of asperula odorata have been added, with the addi-1991R1601 — EN — 02.11.1996 — 004.001 — 7
(1) OJ No L 160, 12. 6. 1989, p. 1.▼M1
▼B
▼A1
▼B
▼B
tion of oranges and/or other fruits, possibly in the form of
juice, concentrated or extracts, and with maximum 5 % sugarsweetening;
(i)Other definitions:
other definitions shall be adopted in accordance with the proce-
dure laid down in Article 13.
4. Definition of the categories of aromatized wine-product cocktails
the description of which may:
— replace the description ‘aromatized wine-product cocktail’ in the
State of production,
— be used to supplement ‘aromatized wine-product cocktail’ in the
other Member States;
(a)Wine-based cocktail:
an aromatized drink in which:
— the proportion of concentrated grape must does not exceed
10 % of the total volume of the finished product,
— the sugar content, expressed as invert sugar, is less than 80
grams per litre;
(b)Aromatized semi-sparkling grape-based cocktail:
a drink:
— prepared exclusively from grape must,
— the actual alcoholic strength by volume of which is less than
4 % vol,
— containing carbon dioxide obtained exclusively from
fermentation of the products used;
(c)Other definitions:
other definitions shall be adopted in accordance with the proce-
dure laid down in Article 13.
5. The descriptions referred to in paragraphs 1 (a) and (b), 2 and 3
may also include the following particulars, with the sugar content indi-
cated in each respective subparagraph being expressed as invert sugar:
(a) ‘extra-dry’: in the case of products with a sugar ►
C1content of
less than 30 grams ◄per litre;
(b) ‘dry’: in the case of products with a sugar content of less than 50
grams per litre;
(c) ‘semi-dry’: in the case of products with a sugar content of between
50 and 90 grams per litre;
(d) ‘semi-sweet’: in the case of products with a sugar content of
between 90 and 130 grams per litre;
(e) ‘sweet’: in the case of products with a sugar content of more than
130 grams per litre.
The terms ‘semi-sweet’ and ‘sweet’ may be replaced by an indication
of the sugar content, expressed in grams of invert sugar per litre.
6. Where the sales description of aromatized wine-based drinks
includes the term ‘sparkling’, the quantity of sparkling wine usedmust be not less than 95 %.
7. Detailed rules for the application of this Article shall be adopted
in accordance with the procedures laid down in Article 14.
Article 3
Subsidiarydefinitions
For the purposes of this Regulation:
(a) ‘sweetening’ shall mean:
using one or more of the following products in the preparation of
aromatized wines, aromatized wine-based drinks and aromatizedwine-product cocktails:1991R1601 — EN — 02.11.1996 — 004.001 — 8
▼B
semi-white sugar, white sugar, refined white sugar, dextrose, fruc-
tose, glucose syrup, liquid sugar, invert liquid sugar, invert sugarsyrup, rectified concentrated grape must, concentrated grape must,
fresh grape must, burned sugar, honey, carob syrup, or other natural
carbohydrate substances having a similar effect to the aboveproducts.
‘Burned sugar’ means the product obtained exclusively from the
controlled heating of sucrose without bases, mineral acids or otherchemical additives;
(b) ‘flavouring’ shall mean:
using one or more of the flavourings defined in Article 1 (2) (a) of
Directive 88/388/EEC and/or aromatic herbs and/or spices and/orflavouring foodstuffs in the preparation of aromatized wines,aromatized wine-based drinks and aromatized wine-product cock-tails.
Addition of such substances confers on the final product organo-
leptic characteristics other than those of wine;
(c) ‘colouring’ shall mean:
using one or more colorants in the preparation of aromatized wines
or aromatized wine-product cocktails;
(d) ‘adding alcohol’ shall mean:
using one or more of the following products in the preparation of
aromatized wines and, where appropriate, aromatized wine-based
drinks:
— ethyl alcohol of viticultural origin,
— wine alcohol or dried grape alcohol,
— ethyl alcohol of agricultural origin,— wine distillate or dried grape distillate,— distillate of agricultural origin,— wine spirit or grape-marc spirit,— dried grape spirit,
which comply with the characteristics laid down by Community
provisions, in particular, the characteristics of ethyl alcohol mustcomply with those set out in Annex I;
(e) ‘actual alcoholic strength by volume’ shall mean:
the number of volumes of pure alcohol at 20º C contained in 100
volumes of the product at the same temperature;
(f) ‘potential alcoholic strength by volume’ shall mean:
the number of volumes of pure alcohol at 20 ºC which would be
produced by total fermentation of the sugar contained in 100volumes of the product at the same temperature;
(g) total alcoholic strength by volume' shall mean:
the sum of the actual and potential alcoholic strengths by volume;
(h) ‘natural alcoholic strength by volume’ shall mean:
the total alcoholic strength by volume of the product before any
enrichment.
Article 4
1. For the drinks referred to in this Regulation the list of authorized
food additives, the directions for their use and the products concernedshall be determined in accordance with the procedure laid down in
Directive 89/107/EEC (
1).
2. For the preparation of these drinks, the addition of water, possibly
distilled or demineralized, shall be authorized provided that the qualityof the water conforms to the national provisions adopted pursuant to1991R1601 — EN — 02.11.1996 — 004.001 — 9
(1) OJ No L 40, 11. 2. 1989, p. 27.
▼B
Directives 90/777/EEC and 80/778/EEC and that the water added does
not change the nature of the drink.
3. Ethyl alcohol used to dilute or dissolve colorants, flavourings or
any other authorized additives used in the preparation of the said
aromatized products must be of agricultural origin and be used in thedose strictly necessary to dilute or dissolve colorants, flavourings orany other authorized additive.
4. Detailed rules, including the methods to be used for analysing the
products covered by this Regulation, shall be adopted in accordancewith the procedure laid down in Article 13.
Article 5
1. The oenological processes and practices laid down in accordance
with Regulation (EEC) No 822/87 shall apply to the wines and musts
which are included in the composition of the products listed in Article1.
2. The processes for products being prepared for the purpose of
obtaining one of the finished products referred to in this Regulationshall be established in accordance with the procedure laid down in
Article 14.
Article 6
1. The use of the descriptions referred to in Article 2 and in this
Article shall be restricted to the drinks defined therein, account beingtaken of the requirements laid down in Articles 2 and 4. The descrip-tions in question must be used to describe the said drinks in theCommunity.
Drinks which do not meet the requirements laid down for the drinks
defined in Article 2 may not bear the descriptions assigned to the latter
therein.
2. (a) The geographical designations listed in Annex II may replace
the descriptions referred to in paragraph 1 or supplement them,forming composite descriptions.
(b) These geographical designations shall be reserved for drinks in
respect of which the production stage during which they
acquired their character and definitive qualities took place inthe geographical area indicated, provided that the consumer isnot misled as to the raw material used.
3. The sales descriptions referred to in paragraph 1 may not be
supplemented by geographical ascriptions allowed for wine products.
4. Member States may apply specific national rules on production,
movement within a Member State, description and presentation of the
drinks referred to in Annex II manufactured within their territories, inso far as such rules are compatible with Community law.
Article 7
1. The sales description of aromatized drinks containing wine
products and flavourings and with a minimum alcohol strength byvolume of 1,2 % vol which do not comply with this Regulation shallcontain no reference to wine-sector products.
2. Aromatized drinks which do not comply with this Regulation may
not be marketed for human consumption by associating words or
phrases such as ‘like’, ‘type’, ‘style’, ‘make’, ‘flavour’ or any othersimilar indications with any of the descriptions mentioned in this Regu-lation.
3. At the latest six months following the entry into force of this
Regulation, the Commission shall present to the Council an appropriateproposal concerning aromatized drinks which contain wine-sector1991R1601 — EN — 02.11.1996 — 004.001 — 10
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products, are obtained by adding alcohol and which are not covered by
this Regulation.
Use of the words used to describe drinks known as ‘wine cooler’ shall
be authorized for such drinks until the Council has taken a decision onthe aforementioned proposal.
Article 8
1. In addition to complying with national rules adopted in accor-
dance with Directive 79/112/EEC, the labelling, presentation and
advertising of the drinks referred to in Article 2 shall comply with
this Article.
2. The sales description of the products referred to in Article 2 shall
be one of the descriptions to be used exclusively for such productsunder Article 6.
3. The descriptions referred to in Article 2 may be supplemented by
a reference to the main flavouring used.
4. Where the alcohol used in the manufacture of the drinks covered
by this Regulations comes from one sole raw material (for example,solely wine alcohol, molasses alcohol or grain alcohol), the nature of
the alcohol may be indicated on the label.
Should the alcohol come from several raw materials, no special indica-
tion relating to the nature of the alcohol shall appear on the label.
Ethyl alcohol used in the preparation of drinks covered by this Regula-
tion to dilute or dissolve colorants, flavourings or any other authorized
additives shall not be regarded as an ingredient.
4a. As from 1 January 1993, bottled products covered by this Regu-
lation may not be held with a view to sale or placed on the market in
containers fitted with closing devices covered by lead-based capsules
or foil. However, the disposal of products in bottles fitted before thatdate with such capsules or foil shall be authorized until stocks areused up.
5. The geographical designations listed in Annex II may not be
translated.
6. The particulars provided for in this Regulation shall be given in
one or more official languages of the Community in such a way thatthe final consumer can readily understand each item, unless purchasers
are provided with the information by other means.
7. In the case of drinks originating in third countries, use of an offi-
cial language of the third country in which the product has been madeshall be authorized if the particulars provided for in this Regulation arealso given in an official language of the Community in such a way that
the final consumer can readily understand each item.
8. Without prejudice to Article 11, in the case of drinks originating
in the Community and intended for export, the particulars provided forin this Regulation may be repeated in another language; this does notapply to the designations referred to in paragraph 5.
9. In the case of the drinks referred to in Article 2, the following
may be determined in accordance with the procedure laid down inArticle 13:
(a) the special provisions governing the use of terms referring to a
certain property of the product, such as its history or the method
by which it is prepared;
(b) the rules governing the labelling of products in containers not
intended for the final consumer.1991R1601 — EN — 02.11.1996 — 004.001 — 11
▼M1
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▼B
Article 9
1. Member States shall take the measures necessary to ensure that
Community provisions relating to aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails are complied with.They shall appoint one or more agencies to monitor compliance withthese provisions.
In the case of the drinks listed in Annex II, it may be decided in accor-
dance with the procedure laid down in Article 13 that such supervisionand protection shall be effected, for the purposes of movement withinthe Community, by means of commercial documents verified by theadministration and by the keeping of appropriate registers.
2. For drinks listed in Annex II which are exported, a system of
authentication documents to eliminate fraudulent practices and counter-feits may be established in accordance with the procedure laid down inArticle 13.
If the system referred to in the first subparagraph is not introduced, the
Member States shall implement their own authentication systems,provided that these comply with Community rules.
3. The Council, acting by a qualified majority on a proposal from
the Commission, shall adopt the necessary measures for the uniform
application of Communitys provisions in the aromatized wines, aroma-tized wine-based drinks and aromatized wine-product cocktails sector,particularly with regard to controls and relations between the compe-tent bodies of the Member States.
4. Member States and the Commission shall communicate to each
order the information necessary for implementing this Regulation.Detailed rules for the communication and dissemination of such infor-mation shall be adopted in accordance with the procedure laid down inArticle 13.
Article 10
In order to be marketed for human consumption within the Community,
imported drinks defined by this Regulation and bearing a geographicalascription may, subject to reciprocal arrangements, qualify for the
supervision and protection referred to in the second subparagraph of
Article 9 (1).
The first subparagraph shall be implemented by agreements to be nego-
tiated and concluded with the third countries concerned under the
procedure laid down in Article 113 of the Treaty.
The implementing rules and the list of products referred to in the first
subparagraph shall be adopted in accordance with the procedure laiddown in Article 14.
Article 10a
1. Member States shall adopt all measures necessary to permit those
concerned to prevent, under the conditions laid down in Articles 23 and24 of the Agreement on Trade-Related Aspects of Intellectual PropertyRights, the use within the Community of a geographical designationidentifying products covered by this Regulation for products which donot originate in the place referred to by the geographical designation in
question, including in cases where the actual origin of the product is
indicated or where the geographical designations given in translationor accompanied by expressions such as ‘like’, ‘type’, ‘style’, ‘imita-tion’ or other.
For the purposes of this Article, ‘geographical designation’ shall mean
any indication identifying a product as originating in the territory of athird country which is a member of the World Trade Organization, orin a region or locality of that territory, where a quality, reputation orother specific characteristic of that product can essentially be attributedto that geographical origin.1991R1601 — EN — 02.11.1996 — 004.001 — 12
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2. Paragraph 1 shall apply notwithstanding Article 10 of this Regu-
lation and other provisions of Community legislation laying down rulesfor the description and presentation of products covered by this Regu-
lation.
3. Detailed rules for the application of this Article, where necessary,
shall be adopted in accordance with the procedure laid down in Article14.
Article 11
Other than in the case of exceptions to be decided in accordance with
the procedure laid down in Article 13, aromatized wines, aromatizedwine-based drinks and aromatized wine-product cocktails intended forexport must comply with the provisions of this Regulation.
Article 12
1. An Implementation Committee for the drinks covered by this
Regulation, hereinafter referred to as the ‘Committee’, shall be set up,
consisting of representatives of the Member States and chaired by a
representative of the Commission.
2. Within the Committee the votes of Member States shall be
weighted in accordance with Article 148 (2) of the Treaty. Thechairman shall not vote.
Article 13
1. Where the procedure laid down in this Article is to be followed,
the chairman shall refer the matter to the Committee either on his own
initiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shall
deliver its opinion on the draft within a time limit which the Chairman
may lay down according to the urgency of the matter. The opinionshall be delivered by the majority laid down in Article 148 (2) of theTreaty in the case of decisions which the Council is required to adopton a proposal from the Commission. The votes of the representatives of
the Member States within the Committee shall be weighted in the
manner set out in that Article. The Chairman shall not vote.
3. The Commission shall adopt measures which shall apply immedi-
ately. However, if these measures are not in accordance with the
opinion of the Committee, they shall forthwith be communicated by
the Commission to the Council. In that event, the Commission maydefer application of the measures for one month from the date ofcommunication.
The Council, acting by a qualified majority, may take a different deci-
sion within one month.
Article 14
1. Where the procedure laid down in this Article is to be followed,
the chairman shall refer the matter to the Committee either on his owninitiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shalldeliver its opinion on the draft within a time limit which the chairman
may lay down according to the urgency of the matter. The opinion
shall be delivered by the majority laid down in Article 148 (2) of theTreaty in the case of decisions which the Council is required to adopton a proposal from the Commission. The votes of the representatives ofthe Member States within the Committee shall be weighted in themanner set out in that Article. The chairman shall not vote.1991R1601 — EN — 02.11.1996 — 004.001 — 13
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3. (a) The Commission shall adopt the measures envisaged if they are
in accordance with the opinion of the Committee.
(b) If the measures envisaged are not in accordance with the opinion
of the Committee, or if no opinion is delivered, the Commissionshall without delay submit to the Council a proposal relating tothe measures to be taken. The Council shall act by a qualifiedmajority.
If, on the expiry of three months as from the date of referral to the
Council, the Council has not acted, the proposed measures shall be
adopted by the Commission.
Article 15
The Committee may consider any other question referred to it by its
chairman, either on his own initiative or at the request of the represen-tative of a Member State.
Article 16
1. In order to facilitate the changeover from the present arrange-
ments to those introduced by this Regulation, transitional measuresshall be adopted in accordance with the procedure laid down in Article13.
2. Such transitional measures shall be applicable for not more than
two years from the date of implementation of this Regulation.
Article 17
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply from 17 December 1991 with the exception of Articles
12 to 15, which shall apply as from the entry into force of this Regula-tion. However, drinks produced and labelled before that date may bedisposed of until stocks run out.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1991R1601 — EN — 02.11.1996 — 004.001 — 14
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ANNEX I
Characteristicsofethylalcoholasreferred toinArticle3(d)
1. Organoleptic characteristics: No detectable taste other
than that of the raw
material
2. Minimum alcoholic strength by volume: 96,0 % vol
3. Maximum level of residues
— Total acidity expressed in g of acetic acid
per hl of alcohol at 100 % vol:1,5
— Esters expressed in g of ethyl acetate per hl
of alcohol at 100 % vol:1,3
— Aledhydes expressed in g of acetaldehyde
per hl of alcohol at 100 % vol:0,5
— Higher alcohols expressed in g of methyl-2
propanol-1 per hl of alcohol at 100 % vol:0,5
— Methanol expressed in g per hl of alcohol at
100 %— vol:50
— Dry extract expressed in g per hl of alcohol
at 100 % vol:1,5
— Volatile bases containing nitrogen expressed
in g of nitrogen per hl of alcohol at 100 %
vol:0,1
— Furfural: Not detectable1991R1601 — EN — 02.11.1996 — 004.001 — 15
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ANNEX II
Aromatizeddrinksbasedonwineproducts
geographicaldesignations
referred to in Article 6 (2)
Nürnberger Glühwein
Thüringer Glühwein
Vermouth de Chambéry
Vermouth di Torino1991R1601 — EN — 02.11.1996 — 004.001 — 16
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