WRITTEN QUESTION E-0835/04 by Antonio Di Pietro (ELDR) to the Commission. Amendment of rules on wine labelling.
Date: 2004-03-15
Institutions: European Parliament, Provisional data
Subjects: Italy, TRIPS, common commercial policy, designation of origin, international competition, labelling, product designation, viticulture, wine of superior quality

8.4.2004

EN

Official Journal of the European Union

C 88 E/233

(2004/C 88 E/0236)

WRITTEN QUESTION E-0835/04

by Antonio Di Pietro (ELDR) to the Commission

(15 March 2004)

Subject: Amendment of rules on wine labelling

The Commission recently amended Regulation 753/02 (1), which governs the labelling of wines, allowing
third countries to use ‘traditional designations’ of European Union Member States, provided that they
comply with certain conditions.

The new regulation has brought together in a single list two categories of traditional designations which
could be used on labels to describe quality wines. Category A included 50 Italian terms, such as Classico,
Cacc’e mitte, Fine, Passito and so on, which enjoyed limited protection and could also be used under
certain conditions by foreign producers. Category B included 17 Italian designations and indications, such
as Amarone, Brunello, Gutturnio, Recioto and Sforzato, which were strictly reserved for Italian wines.

The outcome of this amendment is that in future these terms will no longer be the exclusive preserve of
producers from a particular area, but may be used by non-European countries, provided the wine
concerned complied with the rules in force in that country. For example, Australian or Chilean wines
could be allowed to put fabricated names on their labels using terms associated with the most well-known
Italian wines, leading to possible confusion among consumers.

Furthermore, while Italian and Community wines must comply with the very strict rules governing
European quality wines psr in order to use these terms, the amended regulation recognises the possibility
for a non-European wine to use terms on its labels that could be authorised and controlled by producers’
groups themselves, with the clear risk that there would be no one to verify their veracity or justification.

Does the Commission not think that, during the transitional period up to 15 March, it should as a matter
of urgency consider how best to avoid potential fraud that will damage Union consumers and guarantee a
transparent and high-quality wine market?

Does the Commission not think that, rather than guarding against possible objections by non-European
countries during WTO negotiations, it would be better to protect Europe’s wine sector, bearing in mind
that the above regulation was adopted in the Wine Management Committee despite the fact that wine-
producing countries such as Italy, France, Greece and Luxembourg voted against it?

(1) OJ L 118, 4.5.2002, p. 1.

Answer given by Mr Fischler on behalf of the Commission

(19 April 2004)

On the reasons for our adoption of new labelling rules, following notification of Regulation (EC) No 753/
2002 (1) to the World Trade Organisation (WTO) a number of wine-producing third countries voiced
severe criticisms. Two consultations were held at Geneva to provide the clarifications requested by them.

These countries considered our policy on certain traditional terms (List B) to be an example of the Union’s
attempts to extend the scope of the intellectual property rights covered by the Agreement on Trade-Related
Aspects of Intellectual Property Rights by providing for exclusive protection for traditional terms, as is
already the case with geographical
indications. The Union’s policy on protection of geographical
indications might well have been endangered and the risk increased of a WTO panel against the EU’s
entire wine labelling policy.

In the light of these countries’ observations we therefore decided to minimise any threat that could weaken
the present legislation by amending the Regulation so that traditional terms would be protected in a non-
discriminatory way for both wines produced in the Community and imported wines.

C 88 E/234

Official Journal of the European Union

EN

8.4.2004

The requirements now in force for third country use of traditional terms are equivalent to those in force
beforehand for use of the traditional terms of List A in Annex III to Regulation (EC) No 753/2002.

Among these requirements (see Article 1(10) of Regulation (EC) No 316/2004 (2) amending Article 37(1)(e)
of Regulation (EC) No 753/2002) are:

(a)

(b)

(c)

the third country must present a substantiated request to the Commission and provide the justificatory
data for recognition of the traditional term;

the language of the traditional term must be the official language of the third country and the term in
that language must have been used for at least ten years;

if the language of the traditional term is not the official language its use must be provided for in the
country’s legislation;
language must have been used
continuously for at least 25 years;

in such cases the traditional

term in that

(d)

that the term be specific and distinctive and that there is no risk of consumers being misled.

In the case of the Italian traditional terms a number of requirements must therefore be met if they are to
be used in the Community by third countries. Thus for a traditional term such as Brunello or Amarone to
be used, in the first place Italian must be the official language of the third country and the term must have
been used for at least ten years, or Italian must be a second language recognised in the third country’s
legislation and the term must have been used for at least 25 years. Secondly, the term must be specific and
distinctive and not such as to mislead the consumer where the wine is sold in the Community. There must
also be some tradition behind use of the term in the third country.

It should also be borne in mind that the Member States participate in the decision via the Management
Committee for Wine, because any request by a third country must be submitted to the Committee for an
opinion.

(1) Commission Regulation (EC) No 753/2002 of 29 April 2002 laying down certain rules for applying Council
Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine
sector products, OJ L 118, 4.5.2002.

(2) Commission Regulation (EC) No 316/2004 of 20 February 2004 amending Regulation (EC) No 753/2002 laying
down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation,
presentation and protection of certain wine sector products, OJ L 55, 24.2.2004.

(2004/C 88 E/0237)

WRITTEN QUESTION E-0845/04

by Giorgio Celli (Verts/ALE) to the Commission

(19 March 2004)

Subject: Construction of a ‘health and wellness centre’ in the wetland of Es Salobrar (cid:1) Es Trenc, Mallorca,

Balearics

On 22 December 2003 the government of the Balearics approved, by virtue of the law on tax and
administrative measures accompanying the budget, an additional provision allowing the town council of
Campos (Mallorca) to build a ‘health and wellness centre’
in the wetland of Es Salobrar (cid:1) Es Trenc.
The land concerned covers an area of 70 000 square meters. The term ‘health and wellness centre’ actually
refers to the extension of the building land belonging to a former lido in order to build a luxury hotel. The
developer is the German company ‘Dieter Steymachec’.

This will have a serious impact on the environment and the landscape. The wetland is of great
landscapes on the island of Mallorca
environmental value and is one of the most exceptional natural
containing seventeen different types of habitat on an unspoilt stretch of coastline. It is an important
passage area for migratory birds, in particular shore birds, as well as a breeding area for birds such as
black-winged stilts, avocets, Kentish plovers, Marmora’s warblers and stone curlews. The wetland was
declared a special bird protection area (No 198709) and site of Community interest (No 200007) in
accordance with Directive 92/43/EEC (1) on habitats and Directive 79/409/EEC (2) on wild birds.