1998R0881 — EN — 24.04.1999 — 002.001 — 1
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►B COMMISSION REGULATION (EC) No 881/98
of 24 April 1998
layingdowndetailedrulesfortheprotectionoftheadditionaltraditionaltermsusedtodesignate
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
►M1Commission Regulation (EC) No 2215/98 of 15 October 1998 L 279 4 16.10.1998
►M2Commission Regulation (EC) No 806/1999 of 16 April 1999 L 102 67 17.4.1999
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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,
Havingreg ard to the Treaty establishingthe European Community,
Having regard to Council Regulation (EEC) No 823/87 of 16 March
1987 layingdown special provisions relatingto quality wines producedin specified regions (quality wines psr)(
1), as last amended by Regula-
tion (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 winespsr; whereas the Community terms and the traditional specific termsallowed by Member States’ laws referred to in Article 15(1) and (2) arelisted in that Article, thus ensuringthat they are known and protected inthe Community; whereas, however, the additional traditional termsallowed by the national laws of the producer Member States referred toin Article 15(2) of Regulation (EEC) No 823/87 have not yet been listedin full; whereas a list of those terms should be drawn up in order toensure that they are known and to reinforce their protection in theCommunity;
Whereas, in order to benefit from protection in all Member States, the
additional traditional terms should be registered at Community level sothat the wine industry and consumers can be kept informed;
Whereas some of the additional traditional terms used to designate still
and semi-sparklingwines are listed already in Community reg ulationson the designation of these wines;
Whereas, for some categories of wines, semi-sparkling and liqueur
wines in particular, the additional traditional terms allowed by nationallaws have not yet been listed in Community legislation; whereas,however, the Member States have sent the Commission a list of thetraditional terms recognised for liqueur and semi-sparkling wines, withreferences for each of them to the national provisions applicable;whereas the Annex to this Regulation should include a list of thosewhich are sufficiently closely linked with one or more quality liqueurwines produced in a specified region (quality liqueur wines psr) orsemi-sparklingwines produced in a specified reg ion (quality semi-sparklingwines psr) to warrant exclusive protection on g rounds of theirrenown 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 oneor more Member States are used under comparable conditions and fairlyand continously for certain wines designated using the geographicalname of a third country; whereas provision should be made to enablethose terms to be used under certain conditions for those wines in theCommunity;
Whereas the additional traditional terms qualifyingfor 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 tradi-tional terms listed in the Annex on the one hand to safeguard againsttheir use in the description and presentation of other wines not entitledto those terms and on the other hand to prevent the reputation of theterms from beingexploited and the public from beingmisled; whereas,for the effective protection of the terms used to designate quality liqueur
(1) OJ L 84, 27. 3. 1987, p. 59.
(2) OJ L 184, 24. 7. 1996, p. 1.
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or semi-sparklingwines psr, it is important to ban the use of brand
names containingwords identical to a traditional term shown in theAnnex to this Regulation; whereas it is necessary however to safeguardthe legitimate expectations of the owners of brand names registeredbefore the entry into force of this Regulation;
Whereas some quality liqueur and sparklingwines psr use additional
traditional terms to distinguish themselves clearly from other productson the basis of their specific characteristics; whereas in order to ensureprotection for 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'meansthe product fallingwithin 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-sparklingwinespsr allowed by the national laws of the producer Member States referredto 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 theproducer Member States which refers in particular to a method ofproduction, preparation or ageing or to a quality, colour or type of wineand which is recognised by the laws of the producer Member States forthe purposes of the designation and presentation of quality wines psroriginating 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-sparklingwine 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 beingofficially approved for use in theMember State,
— be linked with one or, as appropriate, several quality liqueur or
semi-sparklingwines psr or categ ories of quality liqueur or semi-sparklingwines psr.
Article 3
1. The additional traditional terms authorised in the producer
Member States referred to in Article 1(1), which are reserved for thequality liqueur or semi-sparklingwines psr in respect of which theyhave been recognised and which may be used only to designate thewines referred to in Article 1(2) of Regulation (EEC) No 823/87, arelisted in the Annex in this Regulation.
(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.
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However, notwithstandingthe first subparag raph, some of the additional
traditional terms listed in the Annex may be authorised, as appropriate,in the language of the third country of origin, for liqueur and semi-sparkling wines designated using a geographical name protected in thirdcountries provided those countries:
— fulfil conditions equivalent to those listed in Article 2,— have presented an application to the Commission and forwarded the
relevant laws;
The list of third countries and traditional terms that can be used in the
designation of liqueur and semi-sparkling wines in the Community isgiven in the Annex to this Regulation.
2. Member States shall communicate to the Commission:
— the traditional terms authorised in their legislation for quality liqueur
and semi-sparklingwines 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 productsregistered under that name or in so far as such use exploits thereputation of the protected term;
(b) any misuse, imitation or evocation, includingwhere the protected
term is accompanied by an expression such as ‘style', ‘type',‘method', ‘as produced in', ‘imitation' or similar;
(c) any other unwarranted, false or misleadingindication as to the
nature or essential qualities of the wine, on the inner or outerpackaging, advertising material or documents relating to the productconcerned;
(d) any other practice liable to mislead the public and in particular give
the impression that the wine qualifies for the protected traditionalterm.
2. Brand names used on labels to designate wine shall not contain
any of the traditional terms listed in the Annex unless the wine isentitled to such designation.
However, the previous subparagraph shall not apply to brand names
registered before the entry into force of this Regulation and actually inuse since registration.
Article 5
Member States shall take the measures necessary to monitor and
provide the protection referred to in Article 4 for the additional tradi-tional 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 andreserved pursuant to Article 3(1).
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M1
Article 6a
Wines designated and presented in accordance with the rules in force at
the time they were placed in circulation but whose designation andpresentation are no longer in accordance with those rules following anamendment of the latter may be held for sale, placed in circulation orexported 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
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those rules followingan amendment of the latter may be used for oneyear from the date of application of that amendment.
▼
B
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 ►M21 October 1999 ◄.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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ANNEX
List of additional traditional terms referred to in Article 3(1)
Additional traditional terms
ITALY
—Quality liqueur wines psr:
Ambra DOC MarsalaAmbrato DOC Malvasia delle Lipari and
DOC Vernaccia di Oristano
Extra DOC Moscato Passito di PantelleriaFine DOC MarsalaLacryma Christi DOC VesuvioOro DOC MarsalaPassito DOC Moscato Passito di PantelleriaRiserva DOC Marsala DOC Girò di
Cagliari, DOC Malvasia di Cagliari,DOC Monica di Cagliari, DOCMoscato di Cagliari, DOC Nascodi Cagliari
Rubino DOC MarsalaSoleras DOC MarsalaStravecchio DOC MarsalaVergine DOC Marsala
—Quality semi-sparkling wines psr:
Buttafuoco DOC Oltrepò PaveseGutturnio DOC Colli PiacentiniPagadebit DOC Pagadebit di RomagnaSangue di Giuda DOC Oltrepò PaveseVivace DOC Oltrepò Pavese, DOC Colli
Bolognesi and DOC Colli Piacen-tini
SPAIN
—Quality liqueur wines psr:
Amontillado DDOO Jerez-Xérès-Sherry y
Manzanilla Sanlúcar de Barramedaand DO Montilla-Moriles
Criadera DDOO Jerez-Xérès-Sherry y
Manzanilla Sanlúcar de Barrameda,DO Montilla-Moriles, Málaga andDO Condado de Huelva
Dorado DO RuedaFino DDOO Jerez-Xérès-Sherry y
Manzanilla Sanlúcar de Barrameda,DO Montilla-Moriles
Lágrina DO MálagaVino Maestro DO MálagaOloroso DDOO Jerez-Xérès-Sherry y
Manzanilla Sanlúcar de Barramedaand DO Montilla-Moriles
Pajarete DO MálagaPálido DO Condado de Huelva and DO
Rueda
Palo Cortado DDOO Jerez-Xérès-Sherry y
Manzanilla Sanlúcar de Barramedaand DO Montilla-Moriles
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Rancio DO Priorato, DO Tarragona
Raya DO Montilla-MorilesSolera DDOO Jerez-Xérès-Sherry y
Manzanilla Sanlúcar de Barrameda,DO Montilla-Moriles, DO Málagaand DO Condado de Huelva
Soleras y criaderas DDOO Jerez-Xérès-Sherry y
Manzanilla Sanlúcar de Barrameda,DO Montilla-Moriles, DO Málagaand DO Condado de Huelva
FRANCE
—Quality liqueur wines psr:
Ambre AOC RivesaltesHors d’âge AOC RivesaltesRancio AOC Grand Roussillon, AOC
Rasteau, AOC Maury, AOCBanyuls, AOC Rivesaltes
Tuile AOC Rivesaltes
GREECE
—Quality liqueur wines psr:
Από διαλεκτούς αµπελώνες
(Grand cru)Ο.Π.Ε.Σάµος(Samos)
Ο.Π.Ε.Μοσχάτος Λήµνου
(Moskhatos Limnou)
Ο.Π.Ε.Μοσχάτος Πατρών
(Moskhatos Patron)
Ο.Π.Ε.Μοσχάτος Ρίου -Πατρών
(Moskhatos Riou-Patron)
Ο.Π.Ε.Μοσχάτος Ρόδου
(Moskhatos Rodou)
Ο.Π.Ε.Μοσχάτος Κεφαλληνίας
(Moskhatos Kefallinias)
Reserve Ο.Π.Ε.Μαυροδάφνη Πατρών
(Mavrodafni Patron)
Ο.Π.Ε.Μαυροδάφνη Κεφαλλη -
νίας(Mavrodafni Kefallinias)
Vieille Reserve Ο.Π.Ε.Μαυροδάφνη Πατρών
(Mavrodafni Patron)
Ο.Π.Ε.Μαυροδάφνη Κεφαλλη -
νίας(Mavrodafni Kefallinias)
Grand Reserve Ο.Π.Ε.Μαυροδάφνη Πατρών
(Mavrodafni Patron)
Ο.Π.Ε.Μαυροδάφνη Κεφαλλη -
νίας(Mavrodafni Kefallinias)
PORTUGAL
—Quality liqueur wines psr:
Amadurecido DO MadeiraAveludado DO MadeiraCanteiro 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
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15 anos de idade DO Madeira
20 anos de idade DO Porto, DO Madeira, DO
Setúbal, DO Carcavelos
30 anos de idade DO Porto, DO Setúbal, DO Carca-
velos
+40 anos de idade DO Porto, DO Setúbal, DO Carca-
velos, DO Madeira
Crusted or CrustingDO PortoEscuro DO MadeiraFrasqueira DO MadeiraLágrima DO PortoLate bottled Vintage or LBV DO PortoLeve Seco DO PortoRoxo DO SetúbalRuby DO PortoSolera DO MadeiraTawny DO PortoVintage DO PortoVintage Character DO Porto