Commission Regulation (EC) No 113/2009 of 6 February 2009 concerning the use of certain traditional terms on labels for wine imported from the United States of America
Date: 2009-02-06
Institutions: European Commission
Subjects: United States, import, labelling, marketing, wine

7.2.2009

EN

Official Journal of the European Union

L 38/25

COMMISSION REGULATION (EC) No 113/2009

of 6 February 2009

concerning the use of certain traditional terms on labels for wine imported from the United States
of America

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

regard

to Council Decision

2006/232/EC of
Having
20 December 2005 on the conclusion of
the Agreement
between the European Community and the United States of
America on trade in wine (1), and in particular Article 3 thereof,

Whereas:

(1)

(2)

Under point 2.1(f) of Part A of the Protocol on wine
labelling (2) to which reference is made in Article 8(2)
of
the Agreement between the European Community
and the United States of America on trade in wine (3),
as well as point 2 of Appendix I to that Protocol, the
Community has to permit the use of the terms ‘chateau’,
‘classic’, ‘clos’, ‘cream’, ‘crusted/crusting’, ‘fine’, ‘late bottled
vintage’, ‘noble’, ‘ruby’, ‘superior’, ‘sur lie’, ‘tawny’, ‘vintage’
and ‘vintage character’ for wines originating in the United
States if, at the time of importation, the terms have been
approved for use on US wine labels in the United States
on a COLA (Certificate of Label Approval).

In accordance with point 5 of Appendix I to the Protocol
on wine labelling, the permission remains in force until
10 March 2009 and is automatically extended for ad­
ditional successive two-year periods unless a Party to
the Agreement provides written notification to the
other Party that the period should not be extended.

(3)

(4)

(5)

By letter dated 8 September 2008,
the Commission
notified the United States that the period should not be
extended beyond 10 March 2009.

In order to allow stocks of United States wine imported
prior to 10 March 2009 which no longer conform to the
applicable labelling rules as a result of the non-extension
exhausted, a transitional
this permission to be
of
provision should be introduced.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Wine originating in the United States of America and imported
into the Community before 10 March 2009 under
the
Agreement between the European Community and the United
States of America on trade in wine, using terms permitted in
accordance with Appendix I to the Protocol on wine labelling as
referred to in Article 8(2) of that Agreement, may be held for
sale and put into circulation until stocks are exhausted.

Article 2

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Union.

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

Done at Brussels, 6 February 2009.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 87, 24.3.2006, p. 1.
(2) OJ L 87, 24.3.2006, p. 65.
(3) OJ L 87, 24.3.2006, p. 2.