25.10.86 Official Journal of the European Communities No C 269/15 
Amended proposal for a Council Regulation (EEC) laying down general rules on the definition, 
description and presentation of vermouths and other wines of fresh grapes flavoured with plants 
or other aromatic substances (') 
COM(86) 159 final 
(Submitted by the Commission to the Council pursuant to the second paragraph of Article 149 of 
the EEC Treaty on 25 September 1986) 
(86/C 269/06) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 43 and 
235 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas there are no specific Community rules 
governing the definition, description or presentation of 
vermouths or other wines of fresh grapes flavoured with 
plants or other aromatic substances, hereinafter referred 
to as 'aromatized wines'; whereas, given the economic 
importance of these products, it is necessary, in order to 
assist the functioning of the common market, to lay 
down common provisions on this subject; 
Whereas aromatized wines constitute a major outlet for 
Community agriculture; whereas this outlet is largely the 
result of the reputation which these products have 
acquired throughout the Community and on the world 
market; whereas this reputation can be attributed to the 
quality of traditional products; whereas a certain quality 
should therefore be maintained for the products in 
question if this outlet is to be preserved; whereas the 
appropriate means of maintaining this quality standard is 
to define the products in question taking into account 
the traditional practices on which their reputation is 
based; whereas, moreover, the terms thus defined should 
be used only for products of the same quality as 
traditional products so as to prevent their being 
devalued; 
Whereas the Community rules should stipulate that 
geographical ascriptions may only be used by the 
territories, which, exceptionally, may include certain 
countries, to which they refer provided that the stages of 
production during which the finished product acquires 
its characteristics and definitive properties are completed in the geographical area in question; whereas, by thus 
conferring exclusive rights on the producers concerned, 
the Community rules will ensure that the names in 
question continue to serve as indications of provenance 
and will prevent them from entering the public domain 
and becoming generic terms; whereas the ascriptions in 
question also perform the function of informing the 
consumer as to the origin of products characterized by 
the raw materials used, by the special processes 
employed in their manufacture; 
Whereas the customary means of informing the 
consumer is to include certain information on the label; 
whereas the labelling of aromatized wines is subject to 
the general rules laid down in Council Directive 
79/112/EEC of 18 December 1978 on the approxi­
mation of the laws of the Member States relating to the 
labelling, presentation and advertising of foodstuffs for 
sale to the ultimate consumer (2); whereas, in view of the 
nature of the products in question and so that the 
consumer may have fuller information, provisions 
additional to these general rules should be adopted, 
together with any necessary derogations; 
Whereas, although Directive 79/112/EEC requires the 
printing of certain particulars on the labelling, it is 
relatively imprecise as regards the place of manufacture; 
whereas this concept is of particular importance in the 
sector of the beverages concerned owing to the fact the 
consumer often makes an association between the 
beverage in question and the place of its manufacture; 
whereas the absence of such an indication may give the 
consumer the impression of a false origin; whereas this 
danger should be avoided by making it obligatory to 
state the place of manufacture on the labelling; 
Whereas additional requirements should, in certain cases, 
also be laid down; whereas, in particular, when ethyl 
alcohol is used it should be required that it be solely of 
agricultural origin, so as to continue to ensure a major 
outlet for basic agricultural products; 
0) OJ No C 189, 23. 7. 1982, p. 7. (2) OJNoL33, 8. 2. 1979, p. 1. 
No C 269/16 Official Journal of the European Communities 25.10.86 
Whereas Council Directive 80/778/EEC of 15 July 1980 
relating to the quality of water intended for human 
consumption (*) and Council Directive 80/777/EEC of 
15 July 1980 on the approximation of the laws of the 
Member States relating to the exploitation and 
marketing of natural mineral waters (2) lay down the 
characteristics of the water which may be used in 
foodstuffs; whereas reference should be made thereto; 
Whereas Article 46 of Council Regulation (EEC) No 
337/79 of 5 February 1979 on the common organization 
of the market in wine (3), as last amended by Regulation 
(EEC) No 3805/85 (•*), authorizes certain oenological 
practices and processes; whereas the same practices and 
processes should be authorized for the production of 
aromatized wines; 
Whereas the same Regulation, in Article 48. and Annex 
II, and Council Regulation (EEC) No 339/79 of 5 
February 1979 defining certain products falling within 
heading Nos 20.07, 22.04 and 22.05 of the Common 
Customs Tariff and originating in third countries (5) 
specify what is to be understood by certain products in 
the wine sector; whereas reference should be made to 
these definitions; 
Whereas the proposal for a Council Directive on the 
approximation of the laws of the Member States relating 
to flavourings for use in foodstuffs and to source 
materials for their production (6) contains proposals for 
definitions of various terms liable to be used in 
connection with flavouring; whereas the same 
terminology should be used in this text, although it 
should be adapted in line with the Council's findings 
concerning the proposal for a Directive in question; 
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, 
since the Treaty makes no other provision for measures 
to this effect in respect of industrial products such as 
aromatized wines, these measures should also be adopted 
on the basis of Article 235 of the Treaty; 
Whereas, to simplify and expedite the procedure, the 
Commission should be instructed to adopt implementing 
measures of a technical nature; whereas, for this 
purpose, provision should be made for a procedure 
whereby the Member States and the Commission can 
cooperate closely within an Implementation Committee; 
0) OJ No L 229, 30. 8. 1980, p. 11. 
O OJ No L 229, 30. 8. 1980, p. 1. 
O OJNoL54, 5. 3. 1979, p. 1. 
(4) OJ No L 367, 31. 12. 1985, p. 39. 
C) OJ No L 54, 5. 3. 1979, p. 57. 
(6) OJ No C 144, 13. 2. 1980, p. 9. Whereas transitional measures are necessary to facilitate 
the changeover to the system introduced by this Regu­
lation, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. For the purpose of this Regulation the following 
terms shall have the following meanings: 
(a) Sugar: 
semi-white sugar, white sugar, refined white sugar, 
dextrose, fructose, glucose syrup, liquid sugar, invert 
liquid sugar and invert sugar syrup, rectified or 
unrectified concentrated must; 
(b) Ethyl alcohol of agricultural origin: 
ethyl alcohol obtained from agricultural products 
listed in Annex II to the Treaty; 
(c) Alcoholic strength by volume or actual alcoholic 
strength by volume: 
the number of volumes of pure alcohol at 20 °C 
contained in 100 volumes of the product at the same 
temperature; 
(d) Potential alcoholic strength by volume: 
the number of volumes of pure alcohol at 20 °C 
which would be produced by total fermentation of 
the sugar contained in 100 volumes of the product at 
the same temperature; 
(e) Total alcoholic strength by volume: 
the sum of the actual and potential alcoholic 
strengths by volume. 
2. For the purposes of this Regulation the following 
terms shall have the following meanings: 
(a) Aromatized wine: 
a beverage which is produced from wine and/or 
must as referred to in Article 3, to which, except in 
certain cases, spirit of viticultural origin and/or 
alcohol of agricultural origin have been added, 
which has been flavoured and to which sugar may 
have been added. 
The term 'aromatized wine' may be replaced by the 
term 'wine-based aperitif; 
(b) Vermouth: 
aromatized wine which has been prepared solely 
from wine as referred to in Article 3 and the charac­
teristic taste of which is obtained by the use of 
appropriate substance always including wormwood 
(Artemisia vulgaris L.). It may not contain any 
colouring matter and may be sweetened only by 
means of sugar and rectified concentrated grape 
must; 
25.10.86 Official Journal of the European Communities No C 269/17 
(c) Americano: 
aromatized wine with a predominantly bitter taste to 
which yellow and red colouring matter as provided 
for in the relevant Community rules has been added; 
(d) Bitter aromatized wine: 
aromatized wine (to be stated in characters at least 
one-third of the size of those used for the words 
'bitter' or 'amer') with a characteristic bitter flavour. 
3. The following terms shall be used in conjunction 
with those defined in paragraph 2: 
(a) Dry: in the case of aromatized wines with a sugar 
content of less than 50 grams per litre. 
(b) Sweet: in the case of aromatized wines with a sugar 
content of more than 130 grams per litre. 
(c) Egg: in the case of aromatized wine to which the 
yolk of hen's eggs or extracts thereof have been 
added and which has a sugar content of more than 
200 grams per litre. 
(d) Soda or equivalent term: in the case of aromatized 
wine treated with carbon dioxide. 
4. Detailed rules, including the methods of analysis to 
be used, shall be adopted in accordance with the 
procedure laid down in Article 13. 
Article 2 
Special provisions may cover, in particular: 
(a) the use of the word 'wine' in association with other 
words and the use of compound words including the 
word 'wine'; 
(b) the names of beverages produced by mixing products 
listed in Article 1 (2) and (3) with one another or 
with another beverage. 
These provisions shall be adopted in accordance with the 
procedure laid down in Article 13. 
Article 3 
1. (a) In the preparation of aromatized wines only the 
following may be used: 
(i) as wine: wines which may be offered or 
released for direct human consumption within 
the Community, as listed in Article 48 (2) of 
Regulation (EEC) No 337/79, and wines as 
defined in Article 2 of Regulation (EEC) No 
339/79, excluding aerated sparkling or 
aerated semi-sparkling wines; 
(ii) as musts: grape must, grape must in fermen­
tation, grape must with fermentation arrested 
by the addition of alcohol and concentrated grape must as defined in points 2, 3, 4, and 5 
of Annex II to Regulation (EEC) No 337/79; 
use may also be made of imported fresh grape 
must with fermentation arrested by the 
addition of alcohol and imported 
concentrated grape must as defined in Article 
2 of Regulation (EEC) No 339/79. 
(b) Wine and must used in the preparation of 
aromatized wines must, after a maximum 
enrichment of 2 % by volume, have a minimum 
total alcoholic strength of 10 % by volume; 
(c) Save as otherwise provided, wine or must used in 
the preparation of an aromatized wine, before 
enrichment, must be present in the finished 
product in a proportion of not less than 75 %. 
However, this proportion shall be 70 % for dry 
aromatized wines and for certain sweet aromatized 
wines to be determined. 
2. The addition to an aromatized wine of substances 
other than those expressly authorized shall disqualify 
that beverage from the use of the restricted name. 
3. Without prejudice to paragraph 1 (b), the 
oenological practices and processes authorized for wines 
and musts in Article 46 of Regulation (EEC) No 337/79 
shall also be authorized for aromatized wines. 
4. Detailed rules, including the exceptions provided 
for in paragraph 1 (c), the addition referred to in 
paragraph 2 and any adjustments which may prove 
necessary pursuant to paragraph 3, shall be adopted in 
accordance with the procedure laid down in Article 13. 
Article 4 
1. The addition of water shall be authorized in the 
preparation of aromatized wines. 
The addition of water, the quality of which must meet 
the requirements as laid down in Directives 80/777/EEC 
and 80/778/EEC concerning natural mineral water and 
the quality of water intended for human consumption, 
shall not alter the nature of an aromatized wine. 
2. The spirit used in the preparation of aromatized 
wines must be solely of viticultural origin, while the ethyl 
alcohol used in the preparation of aromatized wines 
must be solely of agricultural origin. 
The ethyl alcohol used to extend or dissolve colouring 
matters, flavourings or any other authorized additives 
must be ethyl alcohol of agricultural origin. 
No C 269/18 Official Journal of the European Communities 25.10.86 
The quality of the ethyl alcohol of agricultural origin 
must meet the specifications set out in Annex I. 
3. Only natural aromatic substances, substances 
identical with natural aromatic substances and natural 
aromatic preparations may be used as flavourings in the 
preparation of aromatized wines. 
Flavourings shall not be considered as colouring matter 
even where they contribute to the colour of the beverage. 
4. Detailed rules, including the methods of analysis to 
be used, shall be adopted in accordance with the 
procedure laid down in Article 13. 
Article 5 
1. To be released for human consumption in the 
Community under one of the names listed in Article 1, 
the aromatized wines in question must, except in certain 
cases, have a minimum actual alcoholic strength of 15 % 
vol. 
The minimum strength shall be fixed at 17 % vol. where 
the aromatized wine is described as 'dry' and at 18 % 
vol. where it is described as 'bitter'. In the case of 
products treated with carbon dioxide, the alcoholic 
strength shall be between 8 % and 12 % vol. 
2. The total alcoholic strength by volume of 
aromatized wines must be not less than 17,5 °/o vol., 
except in certain cases. 
3. The exceptions referred to in paragraphs 1 and 2, 
including exceptions in respect of Maiwein, Kalte Ente 
and Gluhwein, shall be adopted in accordance with the 
procedure laid down in Article 13. 
Article 6 
1. Without prejudice to provisions adopted pursuant 
to Article 2, the use of the terms referred to in Article 
1 (2) shall be restricted to the aromatized wines defined 
therein, account being taken of the requirements laid 
down in Articles 3, 4 and 5. The terms in question must 
be used to describe the said wines in the Community. 
Aromatized wines which do not meet the requirements 
laid down for the products defined in Article 1 (2) of this 
Regulation may not bear the names assigned therein to 
those products. 
2. The geographical ascriptions which are listed in 
Annex II and which may be used in addition to or 
instead of the names referred to in paragraph 1, may be 
used only by the territories to which they refer, provided 
that the production stage during which the product 
acquired its character and its definitive qualities took 
place in the geographical area concerned. Specific 
national rules on production, when they exist, shall 
continue to be applied insofar as they are compatible 
with Community law. Additions to the abovementioned list may be made by 
the Council acting by a qualified majority on a proposal 
from the Commission if, to protect producers against 
unfair competition and to prevent consumers from being 
misled or deceived, there is a need for other geo­
graphical ascriptions to indicate the local origin of the 
raw materials used and/or the particular manufacturing 
process in the geographical area in question. 
The geographical ascriptions in question may be used 
only for those aromatized wines. 
The areas of production referred to in paragraphs 1 and 
2 shall be demarcated in accordance with the procedure 
laid down in Article 13. 
Article 7 
1. In addition to complying with the national 
legislation adopted in accordance with Directive 79/112/ 
EEC, the labelling, presentation and advertising of the 
aromatized wines defined in Article 1 and intended for 
the final consumer shall comply with the provisions of 
paragraph 2 below. 
2. (a) The name under which the products referred to in 
Article 1 are sold shall be the name to be used 
exclusively for such products under Article 6. 
(b) The alcoholic strength shall be expressed as a 
percentage of the volume and rounded off to the 
nearest half percent. 
3. The name under which the product is sold, the 
nominal volume and the alcoholic strength must be 
shown within the same field of vision. 
4. The rules governing the labelling of products not 
intended for the final consumer, including any dero­
gations from the labelling rules to take account in 
particular of warehousing and transport, shall be 
adopted in accordance with the procedure laid down in 
Article 13. 
5. Indication of the place of manufacture shall be 
obligatory for all vermouths and other wines of fresh 
grapes flavoured with plants or other aromatic sub­
stances, The detailed rules of application and more par­
ticularly those relating to determination of the place of 
manufacture shall be determined in accordance with the 
procedure laid down in Article 13. 
Article 8 
Expressions containing words such as 'like', 'type', or 
'style' may not be used to describe an aromatized wine. 
Article 9 
1. Each Member State shall be responsible for the 
supervision and protection of aromatized wines marketed 
in accordance with this Regulation. 
25.10. 86 Official Journal of the European Communities No C 269/19 
2. In order to eliminate fraud and imitation the 
Commission shall, using the procedure laid down in 
Article 13, draw up arrangements for the use of auth­
enticating documents when the aromatized wines listed 
in Annex II are exported from the Community. 
3. Other detailed rules shall be adopted in 
accordance with the procedure laid down in Article 13. 
Article 10 
1. Subject to reciprocal arrangements, imported 
aromatized wines intended for human consumption and 
bearing a geographical ascription may qualify for the 
supervision and protection referred to in Article 9 for the 
purposes of being marketed within the Community. 
2. The provisions of paragraph 1 shall be implemented 
by agreements to be negotiated and concluded with the 
third countries concerned under the procedure laid down 
in Article 113 of the Treaty. 
3. Detailed rules shall be adopted in accordance with 
the procedure laid down in Article 13. 
Article 11 
1. This Regulation shall not apply to aromatized 
wines intended for export from the Community, except 
for those listed in Annex II. 
2. However, additional rules or derogations may be 
adopted in respect of aromatized wines listed in Annex II 
and intended for export, to the extent that this is made 
necessary by the legislation of third countries. 
3. Detailed rules shall be adopted in accordance with 
the procedure laid down in Article 13. 
Article 12 
1. An Implementation Committee for Aromatized 
Wines, 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. The Chairman 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 a representative of a Member State. 
2. The representative of the Commission shall submit 
a draft of the measures to be adopted. The Committee 
shall deliver its opinion on such rules within a period to 
be set by the Chairman according to the urgency of the 
questions under consideration. An opinion shall be 
adopted by a majority of fifty-four votes. 
3. The Commission shall adopt measures which shall 
apply immediately. 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 may defer 
application of the measures for one month. 
The Council, acting by a qualified majority, may take a 
different decision within one month. 
Article 14 
The Committee may consider any other question 
referred to it by its Chairman, either on his own 
initiative or at the request of the representative of a 
Member State. 
Article 15 
In order to facilitate the changeover from the present 
arrangements to those introduced by this Regulation, 
transitional measures shall be adopted in accordance 
with the procedure laid down in Article 13. 
Such transitional measures shall be applicable for not 
more than two years from the date on which this Regu­
lation enters into force. 
Article 16 
This Regulation shall enter into force on the third day 
following that of its publication in the Official Journal of 
the European Communities. 
It shall apply with effect from 1 July 1986. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
No C 269/20 Official Journal of the European Communities 25.10.86 
ANNEX I 
Characteristics of Ethyl Alcohol of Agricultural Origin used in the preparation of Aromatized 'Wines 
1. Organoleptic characteristics 
2. Minimum alcoholic strength by volume 
3. Maximum level of residues 
— Total acidity 
expressed in g of acetic acid per hi of alcohol at 100 % vol. 
— Esters 
expressed in g of ethyl acetate per hi of alcohol at 100 % vol. 
— Aldehydes 
expressed in g of acetaldehyde per hi of alcohol at 100 % vol. 
— Higher alcohols 
expressed in g of methyl-2 propanol-1 per hi of alcohol at 
100 % vol. 
— Methanol 
expressed in g per hi of alcohol at 100 % vol. 
— Dry extract 
expressed in g per hi of alcohol at 100 °/o vol. 
— Volatile bases containing nitrogen 
expressed in g of nitrogen per hi of alcohol at 100 % vol. 
— Furfural No detectable taste other 
than that of the raw 
material 
96 % vol. 
1,5 % 
1,3 % 
0,5 % 
0,5 % 
50 
1,5 % 
0,1 
not detectable. 
ANNEX II 
AROMATIZED WINES 
Geographical Ascriptions 
referred to in Article 6 (2) 
Vermouth de Chambery, 
Turin vermouth.