Proposal for a Council Regulation amending Regulation (EEC) No 2392/89 laying down general rules for the description and presentation of wines and grape musts (96/C 74/12) COM(95) 744 final - 96/0007(CNS)

(Submitted by the Commission on 15 January 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), as last amended by Regulation (EC) No 1544/95 (2), and in particular Article 72 (1) thereof,

Having regard to the proposal from the Commission,

Whereas new terms to describe table wines by means of a geographical designation have been adopted in Italy and the United Kingdom; whereas those terms should be included to ensure protection in all Member States; whereas such terms should be used in accordance with the rules laid down in Article 4 (3) of Regulation (EEC) No 2392/89 (3), as last amended by Regulation (EEC) No 3897/91 (4);

Whereas, given that in the production of certain wines, the use of three grape varieties is necessary to give the wine its character and that such use is provided for in the producer Member State or the third country of origin; whereas the names of the three grape varieties should be allowed to be used in labelling the wines in question;

Whereas point (b) of the second subparagraph of Article 13 (3) of Regulation (EEC) No 2392/89 provides for the possibility for Member States to allow, until 31 August 1995, a quality wine produced in a specified region to bear the name of a geographical unit smaller than a specified region provided that at least 85 % of the grapes used are obtained in that unit; whereas the transitional period has proved too short to allow some Member States to create larger units; whereas the transitional period should therefore be extended;

Whereas when Regulation (EEC) No 2392/89 was consolidated errors appeared in a number of Articles relating to the description on official documents and registers in that the requirement to indicate the alcoholic strength by volume and the nominal volume was omitted; whereas that oversight should be rectified;

Whereas the procedure used up to now for drawing up a list of wines imported from third countries able to use a geographical name for labelling has proved too unwieldy; whereas it should be discontinued; whereas it should, nonetheless, be ensured that such imported wines meet the conditions laid down in Article 29 of Regulation (EEC) No 2392/89; whereas, in particular, it should be checked that the geographical names used do not lead to confusion with quality wines psr and table wines designated using a geographical term in the lists published in the 'C` series of the Official Journal of the European Communities or with wines from third countries designated using a geographical term included in the lists published in the bilateral or multilateral agreements concluded between the Community and third countries,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 2392/89 is hereby amended as follows:

1. In Article 2 (3):

1. point (b) is replaced by the following:

'(b) the name of one, two or three vine varieties, in accordance with the conditions laid down in Article 5`;

2. in point (i):

(a) in the third indent 'vino tipico` is replaced by 'indicazione geografica tipica`;

(b) the following indent is added:

'- "Regional wine" for table wines originating in the United Kingdom`.

2. In Article 4 (4) the last subparagraph is replaced by the following:

'However, in the case referred to in the third subparagraph of Article 15 (4) of Regulation (EEC) No 823/87, Member States may, for a maximum of three wine-years, authorize the use of the name of the specified region for table wines.`

Member States shall notify the Commission of the geographical names which they have authorized and the time limit for the use of those names.

3. In Article 5 (2) the first indent is replaced by the following:

'- the names of two or three vine varieties for one and the same table wine, where the legislation of the Member State so provides and provided that it is obtained entirely from the varieties named, with the exception of any products used for sweetening.`

4. In Article 8 (1) the following points (e) and (f) are added:

'(e) the actual alcoholic strength by volume;

(f) the nominal volume`.

5. In Article 8 (2), point (c) is replaced by the following:

'(c) the name of one, two or three vine varieties`.

6. In Article 9 (1) the first indent is replaced by the following:

'- in Article 8 (1) (a), (b), (e) and (f).`

7. In Article 11 (2), point (n) is replaced by the following:

'(n) the name of one, two or three vine varieties, in accordance with the conditions laid down in Article 14`.

8. In Article 13 (3) (b), '31 August 1995` is replaced by '31 August 1998` .

9. In Article 14 (2), the first indent is replaced by the following:

'- the names of two or three vine varieties for one and the same quality wine psr provided that the legislation of the Member State so provides and provided that it is obtained entirely from the varieties named, with the exception of the products used for possible sweetening`.

10. In Article 17 (1), the following points (f) and (g) are added:

'(f) the actual alcoholic strength by volume;

(g) the nominal volume.`

11. In Article 17 (2), point (e) is replaced by the following:

'the name of one, two or three vine varieties`.

12. In Article 18 (1), the first indent is replaced by the following:

'- Article 17 (1) (a), (b), (c), (d), (f) and (g)`.

13. In the first subparagraph of Article 25 (1), 'not included on the list referred to in Article 26 (1)` is replaced by 'not described by means of a geographical term referred to in Article 26 (1)`.

14. In Article 26 (1):

1. in the first subparagraph 'and appearing on a list to be adopted` is deleted.

2. the second subparagraph is replaced by the following:

'In the case of imported wines referred to in the first subparagraph, the conditions of production of each of those wines must be equivalent to those for a quality wine psr or for a table wine bearing a geographical ascription.`

15. In Article 26 (2), point (d) is replaced by the following:

'(d) the name of one, two or three vine varieties, in accordance with the conditions laid down in Article 30`.

16. In Article 26 (2), point (b) is deleted.

17. In Article 29 (1), 'and (2) (b)` is deleted.

18. In Article 29 (1), point (c) is replaced by the following:

'(c) which is not likely to be confused with a term used to describe a quality wine psr in the list referred to in Article 1 (3) of Regulation (EEC) No 823/87, a table wine in the list referred to in Article 11 (1) of Regulation (EEC) No 3201/90 or an imported wine in the lists of agreements concluded between third countries and the Community.`

19. Article 32 (1) is replaced by the following:

'1. In the case of imported wines referred to in Article 25, the description in the official documents shall include the following:

(a) the word "wine";

(b) a statement as to whether the wine is red, rosé or white;

(c) the name of the third country of origin, as stated in the documents referred to in Regulation (EC) No 2390/89 accompanying the wine in question when it is imported;

(d) the actual alcoholic strength by volume;

(e) the nominal volume.`

20. In Article 32 (2):

1. the first subparagraph is replaced by the following:

'In the case of wines intended for direct human consumption described by means of a geographical ascription referred to in Article 26, the description in the official documents shall include the following:

(a) the name of a geographical unit as referred to in Article 26 (1) (a);

(b) a statement as to whether the wine is red, rosé or white;

(c) the name of the third country of origin;

(d) the actual alcoholic strength;

(e) the nominal volume.`

2. in the second subparagraph:

(a) point (a) is deleted;

(b) point (c) is replaced by the following:

'(c) the name of one, two or three vine varieties`.

21. Article 33 is amended as follows:

(a) In point (a) 'which are not on the list referred to in Article 26 (1)` is replaced by 'referred to in Article 25`.

(b) In point (b) 'and on the list referred to in Article 26 (1)` is replaced by 'and referred to in Article 26 (1)`.

22. In point (d) of the second subparagraph of Article 40 (2), 'an imported wine on the list referred to in Article 26 (1)` is replaced by 'an imported wine referred to in Article 26 (1)`.

Article 2

This Regulation shall enter into force on the seventh 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.

(1) OJ No L 84, 27. 3. 1987, p. 1.

(2) OJ No L 148, 30. 6. 1995, p. 31.

(3) OJ No L 232, 9. 8. 1989, p. 13.

(4) JO No L 368, 31. 12. 1991, p. 5.