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)
Date: 1998-04-24
Institutions: European Commission
Subjects: designation of origin, fortified wine, labelling, sparkling wine, trade mark, wine of superior quality

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Official Journal of the European Communities

25. 4. 98

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,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 823/87 of
16 March 1987 laying down special provisions relating to
quality wines produced in specified regions (quality wines
psr) (1),
amended by Regulation (EC) No
1426/96 (2), and in particular Article 15(8) thereof,

last

as

Whereas Article 15(1) and (2) of Regulation (EEC) No
823/87 provides for the protection of terms traditionally
used to designate quality wines psr; whereas the Commu-
nity terms and the traditional specific terms allowed by
Member States’ laws referred to in Article 15(1) and (2) are
listed in that Article, thus ensuring that they are known
and protected in the Community; whereas, however, the
additional traditional terms allowed by the national laws
of the producer Member States referred to in Article 15(2)
of Regulation (EEC) No 823/87 have not yet been listed
in full; whereas a list of those terms should be drawn up
in order to ensure that they are known and to reinforce
their protection in the Community;

in order

to benefit

Whereas,
from protection in all
Member States, the additional traditional terms should be
registered at Community level so that the wine industry
and consumers can be kept informed;

Whereas some of the additional traditional terms used to
designate still and semi-sparkling wines are listed already
in Community regulations on the designation of these
wines;

the additional

Whereas, for some categories of wines, semi-sparkling and
liqueur wines in particular,
traditional
terms allowed by national laws have not yet been listed in
Community legislation; whereas, however, the Member
States have sent the Commission a list of the traditional
terms recognised for liqueur and semi-sparkling wines,
with references for each of them to the national provi-
sions applicable; whereas the Annex to this Regulation
should include a list of
those which are sufficiently
closely linked with one or more quality liqueur wines

(1) OJ L 84, 27. 3. 1987, p. 59.
(2) OJ L 184, 24. 7. 1996, p. 1.

produced in a specified region (quality liqueur wines psr)
or semi-sparkling wines produced in a specified region
(quality semi-sparkling wines psr)
to warrant exclusive
protection on grounds of their renown and/or exclusive-
ness;

traditional

Whereas, however,
terms
some additional
which may be used for a category of quality liqueur or
semi-sparkling wines psr in one or more Member States
are used under comparable conditions and fairly and
continously for certain wines designated using the geo-
graphical name of a third country; whereas provision
should be made to enable those terms to be used under
certain conditions for those wines in the Community;

Whereas the additional traditional terms qualifying for
protection must satisfy certain requirements;

traditional

Whereas, in order to establish conditions of fair competi-
tion between the various wines, protection should be
given to the additional
terms listed in the
Annex on the one hand to safeguard against their use in
the description and presentation of other wines not
entitled to those terms and on the other hand to prevent
the reputation of the terms from being exploited and the
public from being misled; whereas,
the effective
protection of the terms used to designate quality liqueur
or semi-sparkling wines psr, it is important to ban the use
of brand names containing words identical to a traditional
term shown in the Annex to this Regulation; whereas it is
necessary however to safeguard the legitimate expecta-
tions of the owners of brand names registered before the
entry into force of this Regulation;

for

traditional

Whereas some quality liqueur and sparkling wines psr use
additional
to distinguish themselves
clearly from other products on the basis of their specific
characteristics; whereas in order to ensure protection for
consumers the use of these terms should be monitored;

terms

Whereas this Regulation concerns protection of the use of
the terms concerned only for wine and not for other
drinks; whereas ‘wine’ means the product falling within
CN code 2204;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Wine,

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Official Journal of the European Communities

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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-sparkling wines psr allowed by the
national laws of the producer Member States referred to 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 is permitted 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 tradi-
tional term’ means a term traditionally used to designate
quality wines psr in the producer Member States which
refers in particular to a method of production, preparation
or ageing or to a quality, colour or type of wine and
which is recognised by the laws of the producer Member
States for the purposes of the designation and presenta-
tion of quality wines psr originating in their territory.

referred to in Article 1(2) of Regulation (EEC) No 823/87,
are listed in the Annex in this Regulation.

However, notwithstanding the first subparagraph, 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 third
countries 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 is given in the Annex to this
Regulation.

2. Member States shall communicate to the Commis-
sion:

— the traditional terms authorised in their legislation for

quality liqueur and semi-sparkling wines psr,

— where appropriate,

the traditional

terms no longer

protected in their country of origin.

Article 2

Article 4

In order to benefit from the protection referred to in
Article 1(1), an additional traditional term used to desig-
nate a quality liqueur or semi-sparkling wine 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 being offi-
cially approved for use in the Member State,

— be linked with one or, as appropriate, several quality
liqueur or semi-sparkling wines psr or categories of
quality liqueur or semi-sparkling wines psr.

Article 3

1.
The additional traditional terms authorised in the
producer Member States referred to in Article 1(1), which
are reserved for the quality liqueur or semi-sparkling
wines psr in respect of which they have been recognised
and which may be used only to designate the wines

(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.

The additional traditional terms listed in the Annex

1.
shall be protected against:

(a) their direct or indirect commercial use in respect of
in so far as those products are
wines not covered,
comparable to the products registered under
that
name or in so far as such use exploits the reputation
of the protected term;

(b) any misuse, imitation or evocation, including where
the protected term is accompanied by an expression
such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imita-
tion’ or similar;

(c) any other unwarranted, false or misleading indication
as to the nature or essential qualities of the wine, on
the inner or outer packaging, advertising material or
documents relating to the product concerned;

(d) any other practice liable to mislead the public and in
particular give the impression that the wine qualifies
for the protected traditional term.

2.
Brand names used on labels to designate wine shall
not contain any of the traditional terms listed in the
Annex unless the wine is entitled to such designation.

However, the previous subparagraph shall not apply to
brand names registered before the entry into force of this
Regulation and actually in use since registration.

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Article 5

Member States
take the measures necessary to
monitor and provide the protection referred to in Article
4 for the additional traditional terms listed in the Annex.

shall

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 and reserved pursuant to Article
3(1).

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 1 October 1998.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 24 April 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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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
Ambrato
Extra
Fine
Lacryma Christi
Oro
Passito
Riserva

Rubino
Soleras
Stravecchio
Vergine

— Quality semi-sparkling wines psr:

Buttafuoco
Gutturnio
Pagadebit
Sangue di Giuda
Vivace

SPAIN

— Quality liqueur wines psr:

Amontillado

Criadera

Dorado
Fino

L ´agrina
Vino Maestro
Oloroso

Pajarete
P ´alido
Palo Cortado

Rancio
Raya
Solera

Soleras y criaderas

DOC Marsala
DOC Malvasia delle Lipari and DOC Vernaccia di Oristano
DOC Moscato Passito di Pantelleria
DOC Marsala
DOC Vesuvio
DOC Marsala
DOC Moscato Passito di Pantelleria
DOC Marsala DOC Gir(cid:149) di Cagliari, DOC Malvasia di Cagliari,
DOC Monica di Cagliari, DOC Moscato di Cagliari, DOC Nasco
di Cagliari
DOC Marsala
DOC Marsala
DOC Marsala
DOC Marsala

DOC Oltrep(cid:149) Pavese
DOC Colli Piacentini
DOC Pagadebit di Romagna
DOC Oltrep(cid:149) Pavese
DOC Oltrep(cid:149) Pavese, DOC Colli Bolognesi and DOC Colli
Piacentini

DDOO Jerez-X(cid:130)r(cid:138)s-Sherry y Manzanilla Sanl ´ucar de Barrameda
and DO Montilla-Moriles
DDOO Jerez-X(cid:130)r(cid:138)s-Sherry y Manzanilla Sanl ´ucar de Barrameda,
DO Montilla-Moriles, M ´alaga and DO Condado de Huelva
DO Rueda
DDOO Jerez-X(cid:130)r(cid:138)s-Sherry y Manzanilla Sanl ´ucar de Barrameda,
DO Montilla-Moriles
DO M ´alaga
DO M ´alaga
DDOO Jerez-X(cid:130)r(cid:138)s-Sherry y Manzanilla Sanl ´ucar de Barrameda
and DO Montilla-Moriles
DO M ´alaga
DO Condado de Huelva and DO Rueda
DDOO Jerez-X(cid:130)r(cid:138)s-Sherry y Manzanilla Sanl ´ucar de Barrameda
and DO Montilla-Moriles
DO Priorato, DO Tarragona
DO Montilla-Moriles
DDOO Jerez-X(cid:130)r(cid:138)s-Sherry y Manzanilla Sanl ´ucar de Barrameda,
DO Montilla-Moriles, DO M ´alaga and DO Condado de Huelva
DDOO Jerez-X(cid:130)r(cid:138)s-Sherry y Manzanilla Sanl ´ucar de Barrameda,
DO Montilla-Moriles, DO M ´alaga and DO Condado de Huelva

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FRANCE

— Quality liqueur wines psr:

Ambre
Hors d’(cid:131)ge
Rancio

Tuile

GREECE

— Quality liqueur wines psr:

Ap ˜o diakejto ˜ur alpek ˜ymer
(Grand cru)

Reserve

Vieille Reserve

Grand Reserve

PORTUGAL

— Quality liqueur wines psr:

Amadurecido
Aveludado
Canteiro
Colheita

Com indica(cid:135)˜ao de idade:

5 anos de idade
10 anos de idade
15 anos de idade
20 anos de idade
30 anos de idade
+40 anos de idade
Crusted or Crusting
Escuro
Frasqueira
L ´agrima
Late bottled Vintage or LBV
Leve Seco
Roxo
Ruby
Solera
Tawny
Vintage
Vintage Character

AOC Rivesaltes
AOC Rivesaltes
AOC Grand Roussillon, AOC Rasteau, AOC Maury, AOC
Banyuls, AOC Rivesaltes
AOC Rivesaltes

O.P.E. S ˜alor (Samos)
O.P.E. Losw ˜ator K ˜glmou (Moskhatos Limnou)
O.P.E. Losw ˜ator Patq ˜ym (Moskhatos Patron)
O.P.E. Losw ˜ator Q˜iou-Patq ˜ym (Moskhatos Riou-Patron)
O.P.E. Losw ˜ator Q ˜odou (Moskhatos Rodou)
O.P.E. Losw ˜ator Jevakkgm˜iar (Moskhatos Kefallinias)
O.P.E. Lauqod ˜avmg Patq ˜ym (Mavrodafni Patron)
O.P.E. Lauqod ˜avmg Jevakkgm˜iar (Mavrodafni Kefallinias)
O.P.E. Lauqod ˜avmg Patq ˜ym (Mavrodafni Patron)
O.P.E. Lauqod ˜avmg Jevakkgm˜iar (Mavrodafni Kefallinias)
O.P.E. Lauqod ˜avmg Patq ˜ym (Mavrodafni Patron)
O.P.E. Lauqod ˜avmg Jevakkgm˜iar (Mavrodafni Kefallinias)

DO Madeira
DO Madeira
DO Madeira
DO Madeira, DO Carcavelos, DO Porto, DO Set ´ubal

DO Madeira
DO Porto, DO Madeira, DO Set ´ubal, DO Carcavelos
DO Madeira
DO Porto, DO Madeira, DO Set ´ubal, DO Carcavelos
DO Porto, DO Set ´ubal, DO Carcavelos
DO Porto, DO Set ´ubal, DO Carcavelos, DO Madeira
DO Porto
DO Madeira
DO Madeira
DO Porto
DO Porto
DO Porto
DO Set ´ubal
DO Porto
DO Madeira
DO Porto
DO Porto
DO Porto