Proposal for a EUROPEAN PARLIAMENT AND COUNCIL REGULATION (EC) amending Regulation (EEC) No 1601/91 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine- based drinks and aromatized wine-product cocktails
Date: 1995-11-23
Institutions: European Commission
Subjects: alcoholic beverage, flavoured wine, food technology, fruit product, labelling, preparation for market

COMMISSION  OF THE EUROPEAN COMMUNITIES 

Brussels,  23.11.1995 
COM(95)570  final 

95/0287  (COD) 

Proposal  for  a 

EUROPEAN  PARLIAMENT  AND COUNCIL  REGULATION  (EC) 

amending  Regulation  (EEC) No  1601/91  laying down general  rules 
on the definition,  description  and presentation  of  aromatized wines, 
aromatized  wine-based  drinks  and aromatized  wine-product  cocktails 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

The purpose of this proposal is to amend Council Regulation (EEC) No  1601/91 laying down 
general rules on the definition,  description and presentation of aromatized wines, aromatized 
wine-base  drinks  and  aromatized  wine-product  cocktails. 

The main  amendments  concern: 

the use of grape must in addition to wines and the minimum presence of wines used in 
the preparation  of  aromatized  wines  and  aromatized  wine-based drinks, 

clarification  of  the rules on the processes which may be used for  aromatized  wines, 

the definition  of Gluhwein. 

The measure has no  financial  consequences  for  the budget. 

Proposal  for a 

European  Parliament  and  Council  Regulation  (EC) No 

of 

amending  Regulation  (EEC) No  1601/91 laying  down  general  rules 
on the  definition,  description  and presentation  of  aromatized wines, 
aromatized  wine-based  drinks  and  aromatized  wine-product  cocktails 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 43 

and  100a thereof, 

Having regard to the proposal  from  the  Commission, 

Having regard  to the opinion  of the  Economic  and  Social  Committee, 

Acting  in accordance  with the procedure  laid  down in Article  189b of the Treaty*, 

Whereas to take  account of certain traditional practices in some Member  States, it is necessary 

to  lay  down  that  aromatized  wines  may  also  be  prepared  from  fresh  grape  must  with 

fermentation  arrested by the addition of neutral alcohol of vinous origin; whereas the  definition 

of aromatized  wines must  accordingly  be  amended  in this regard; 

Whereas  the provision  on  the  minimum  proportion  of  wine present  in  aromatized  wine  in the 

case of enriched wines originating in different  production zones is nearly impossible to monitor; 

whereas  it  is therefore  necessary  to adjust  this provision; 

Whereas  the  definition  of  Gliihwein  must  take  account  of  certain  developments  in  the  sector; 

whereas, on the one hand, the addition of water must be explicitly  forbidden  and, on the other 

hand,  the possibilities  for  sweetening  it with products other than  sugar must be  expanded; 

Opinion  of the  European  Parliament  of... 
Common  position  of the  Council  of  ... 
Decision  of the  European  Parliament  of  ... 

2. 

Whereas the wording of Article 5 concerning the processes for the products covered by Council 

Regulation (EEC) No  1601/91', as last amended by the Act of Accession of Austria, Finland and 
Sweden and Regulation (EC) No 3378Z942, needs to be clarified, especially where no Community 

rules exist in this regard, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EEC) No  1601/91  is hereby amended as follows: 

1. 

In Article  2(l)(a) 

i) 

the text of the first indent is replaced by the following: 

"- 

obtained  from  wines  defined  in points  12 to  18  of  Annex I  to  Regulation 
(EEC) No  822/873, as last amended by Regulation (EC) No  1544/954, with the 

exception  of  retsina  table  wine,  including  the  quality  wines  produced  in 
specific regions and defined in Article  1(2) of Regulation (EEC) No  823/875, 
as last amended by Regulation (EEC) No  3896/916, possibly with added grape 

must and/or grape must in fermentation, 

and/or 

fresh  grape must with fermentation arrested by the addition of alcohol defined 

in point 5 of Annex I to Regulation (EEC) No 822/87." 

ii) 

the text of the penultimate subparagraph is replaced by the following: 

"the wine and/or musts used in the preparation of an aromatized wine must, before 

possible enrichment with non-vine products, 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 that provided for 

in Article  18(1) of Regulation (EEC) No 822/87." 

O J N oL  149,  14. 6.1991, p.  1. 
OJ No L 366, 31.12.1994, p.  1. 
O J N oL  84, 27. 3.1987, p.  1. 
O J N oL  148, 30. 6.1993, p. 31. 
O J N oL  84,27. 3.1987, p. 59. 
O J N oL  368, 31.12.1991, p. 3. 

2. 

In Article  2(3)(f)  Gluhwein,  the first sentence is replaced by the  following: 

"an aromatized  drink  obtained exclusively from  red or white wine, without added water, 

flavoured  mainly  with  cinnamon  and/or  cloves;  this  drink  may  be  sweetened  in 

accordance  with  Article  3(a);" 

3. 

Article  5 is replaced  by the  following: 

"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 Article  1. 

2. 

The  processes  for  the  non-vine  intermediate  products  and  raw  materials  that  are 

necessary for the preparation of the finished products referred  to in this Regulation 

may be established in accordance  with the procedure  laid down in Article  14. The 

Member  States shall  apply  specific  rules in  this regard  in  so far  as such rules  are 

compatible  with  Community  law." 

Article 2 

This  Regulation  shall enter  into  force  on the  third  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. 

Done at 

For the European  Parliament 

For the  Council 

H 

FINANCIAL  STATEMENT 

Date: 

BUDGET  HEADING:  16 

TITLE: 

APPROPRIATIONS: 
ECU  1 515 million 

Proposal  for  a  Regulation  of the  European  Parliament  and  of the  Council  amending  Regulation  (EEC)  No  1601/91 
laying  down  general  rules  on the definition,  description  and presentation  of aromatized  wines, aromatized  wine-based 
drinks and  aromatized  wine-products  cocktails. 

LEGAL  BASIS: 
Council  Regulation  (EEC) No  1601/91 

AIMS: 

Amendment  of the  definition  of aromatized  wines to take  account  of certain traditional  practices  in certain  Member 
States. 

5. 

FINANCIAL  IMPLICATIONS: 

5.0. 

EXPENDITURE 
-  CHARGED TO THE  EC  BUDGET 

(REFUNDS/INTERVENTION) 

- NATIONAL  AUTHORITIES 
-  OTHER 

5.1. 

REVENUE 
- OWN RESOURCES  OF THE EC 
(LEVIES/CUSTOMS  DUTIES) 

-  NATIONAL 

5.0.1. 
5.1.1. 

5.2. 

ESTIMATED  EXPENDITURE 
ESTIMATED  REVENUE 

METHOD OF  CALCULATION: 

PERIOD OF  12 
MONTHS 

(ECU  million) 

CURRENT 
FINANCIAL 
YEAR  (95) 
(ECU  million) 

FOLLOWING 
FINANCIAL 
YEAR{96) 
(ECU  million) 

1997 

1998 

1999 

2000 

6.0. 

6.1. 

6.2. 

6.3. 

CAN THE  PROJECT  BE  FINANCED FROM  APPROPRIATIONS  ENTERED  IN THE  RELEVANT 
CHAPTER  OF THE  CURRENT BUDGET? 

CAN THE  PROJECT  BE  FINANCED  BY TRANSFER  BETWEEN  CHAPTERS OF THE  CURRENT 
BUDGET? 

WILL  A SUPPLEMENTARY  BUDGET  BE  NECESSARY? 

WILL  FUTURE  BUDGET  APPROPRIATIONS  BE  NECESSARY? 

YES/NO 

YES/N© 

¥ES/NO 

¥ES/NO 

OBSERVATIONS 

ISSN 0254-1475 

COM(95) 570 final 

DOCUMENTS 

EN 

03 

Catalogue number  :  CB-CO-95-610-EN-C 

ISBN 92-77-96291-7 

Office for Official Publications of the European Communities 

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