Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products
Date: 2011-08-31
Institutions: European Commission
Subjects: consumer information, designation of origin, flavoured wine, labelling

EUROPEAN COMMISSION 

Brussels, 31.8.2011 
COM(2011) 530 final 

2011/0231 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the definition, description, presentation, labelling and the protection of geographical 
indications of aromatised wine products  

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

An  EU  approach  already  exists  for  aromatised  wine  products  and  is  justified  in  order  to 
facilitate  the  free  circulation  of  goods  on  the  single  market  and  to  protect  geographical 
indications  which  allow  the  identification  by  the  consumer  of  specific  products  having 
characteristics attributable to the geographical origin. A legal framework for aromatised wine 
products, which sets out product definitions and labelling rules directly affects the producers 
of such products and, to a lesser extent, the consumers via the labelling rules. 

This proposal replaces Commission proposal COM(2007)848 which the Commission decided 
to  withdraw  in  the  2011  Commission  Work  Programme,  see  COM(2010)623,  27/10/2010, 
Annex IV, which has been communicated to the other institutions. 

The  proposal  simplifies  the  existing  rules  by  introducing  limited  changes  to  improve  the 
readability and clarity of the rules. In particular, it adapts the definitions used to the technical 
evolution  and  puts  the  existing  rules  on  geographical  indications  in  line  with  the  Trade-
Related Aspects of Intellectual Property Rights agreement (TRIPs agreement). One purpose is 
also  the  alignment  with  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU).  The 
proposal does not change the scope of the existing rules for the sector, and has no significant 
impact as it corresponds to an adaptation to obligations already taken on by the Union. The 
main  European  producers  and  national  organisations  were  consulted  informally  and  did  not 
expect  significant  impacts.  A  consensus  exists  among  the  producers  of  aromatised  wine 
products  to  keep  the  same  framework  and  similar  rules;  only  minor  technical  adjustments 
seem  to  be  necessary.  Those  were  communicated  to  the  Commission  services  by  the 
representatives of the sector. For this reason, no further impact assessment was carried out. 

2. 

ALIGNMENT WITH THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION. 

Articles 290 and 291 of the Treaty on the Functioning of the European Union distinguish two 
different types of Commission acts: 

Article  290  of  the  TFUE  allows  the  legislator  to  delegate  to  the  Commission  the  power  to 
adopt non-legislative acts of general application to supplement or amend certain non-essential 
elements of a legislative act. Legal acts adopted by the Commission in this way are referred to 
in the terminology used by the Treaty as "delegated acts" (Article 290(3)). 

Article  291  of  the  TFUE  allows  Member  States  to  adopt  all  measures  of  national  law 
necessary  to  implement  legally  binding  Union  acts.  Those  acts  can  confer  implementing 
powers  on  the  Commission  where  uniform  conditions  for  implementing  them  are  needed. 
Legal acts adopted by the Commission in this way are referred to in the terminology used by 
the Treaty as "implementing acts" (Article 291(4)) 

A  main  objective  of  the  present  proposal  consists  in  aligning  Council  Regulation  (EEC) 
N° 1601/91  of  10  June  1991  laying  down  general  rules  on  the  definition,  description  and 
presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-product 
cocktails (OJ L 149, 14.6.1991, p. 1) with those provisions of the TFEU. 

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Under  the  present  proposal,  the  objectives  and  principles  and  other  essential  elements 
regarding the definition, the description, the presentation, the labelling and the protection of 
geographical indications of aromatised wine products are determined by the Legislator. 

The  Commission  should  be  able  to  adopt,  by  means  of  a  delegated  act,  the  production 
processes (Article 3(2)), the methods of analysis (Article 3(3)), the necessary amendments of 
the definitions, the requirements, the restrictions, the sales denominations and the descriptions 
(Article 9), the necessary rules for the geographical indications (Article 29) and the necessary 
rules for exchange of information (Article 33(2)). 

Furthermore,  the  Legislator  should  grant  the  Commission  the  power  to  adopt  implementing 
acts, in accordance with Article 291(2) of the Treaty, specifically with regard to the uniform 
application  of  the  rules  on  aromatised  wine  products  related  to  geographical  indications 
(Articles 15(3), 17, 25, 26, 27 and 30), to administrative and physical checks (Article 32(2)) 
and to exchange of information (Article 33) 

3. 

SUBSTANTIVE AMENDMENTS 

The other main objectives pursued are the following: 

– 

– 

– 

– 

– 

– 

– 

Enhance applicability, readability and clarity of the Union legislation on aromatised 
wine products. 

Introduce  a  well  defined  quality  policy  for  aromatised  wine  products  based  on  the 
present definitions of products. 

Update certain sales denominations, in the light of the possibility to increase the level 
of  wine  instead  of  directly  adding  alcohol,  and  so  ensuring  that  the  consumer  is 
properly informed. 

Introduce  flexibility  by  shifting  the  competence  to  amend  the  definitions  and 
descriptions of aromatised wine products from the present co-decision procedure of 
the  European  Parliament  and  Council,  to  the  Commission  by  means  of  delegated 
acts. 

Adaptation of the Union rules to new technical requirements. 

Adaptation  of  the  Union  rules  to  WTO  requirements,  including  the  TRIPs 
Agreement. 

Definition of criteria guiding recognition of new geographical indications. 

4. 

STRUCTURE OF THE DRAFT REGULATION: 

The  draft  Regulation  on  aromatised  wine  products  consists  of  4  Chapters  and  3 
Annexes: 

Chapter I  lays  down  the  basic  definition  and  classification  of  aromatised  wine 
products. 

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Chapter II deals with the description, presentation and labelling of aromatised wine 
products. 

It  refers  to  the  requirements  and  restrictions  laid  down  in  Annexes  I  and  II,  and 
delegates  to  the  Commission  the  establishment  of  further  authorised  production 
processes.  It  refers  to  international  methods  of  analyses  for  the  analyses  of 
aromatised wine products. 

It also establishes specific labelling rules for those products. 

Chapter II establishes, by referring to Annexes I and II, a coherent system based on 
traditional quality practices and new developments as regards the quality of products. 
It  aims  at  providing  clear  information  to  the  consumer  on  the  nature  of  products 
(sales denominations) and obliges the producer to provide all information necessary 
to avoid that the consumer is misled. 

Chapter III  lays  down  the  rules  on  geographical  indications  in  accordance  with  the 
international obligations of the EU. 

The  geographical  indications  presently  listed  in  Regulation  No 1601/91  are 
transferred to the register which is established pursuant to Article 22 of the present 
Regulation.  Chapter  III  foresees  that  technical  files  for  these  indications  shall  be 
published within 2 years from the entry into force of the Regulation. 

In Chapter IV, General, Transitional and Final Measures are set out. 

Annex I  includes  the  technical  definitions  and  requirements  for  the  production  of 
aromatised wine products. 

Annex II includes the sales denominations and associated description of aromatised 
wine products. 

A correlation table is established in Annex III.  

The proposal has no financial implications for the Union budget. 

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2011/0231 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the definition, description, presentation, labelling and the protection of geographical 
indications of aromatised wine products  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(2) and Article 114 thereof, 

Having regard to the proposal from the European Commission1, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee2, 

Acting in accordance with the ordinary legislative procedure3, 

Whereas: 

(1) 

(2) 

Council Regulation (EEC) N° 1601/91 of 10 June 1991 laying down general rules on 
the  definition,  description  and  presentation  of  aromatised  wines,  aromatised  wine-
based  drinks  and  aromatised  wine-product  cocktails4  and  Commission  Regulation 
(EC)  No  122/94  of  25  January  1994  laying  down  certain  detailed  rules  for  the 
application  of  Council  Regulation  (EEC)  No  1601/915  have  proved  successful  in 
regulating the aromatised wines, aromatised wine-based drinks and aromatised wine-
product cocktails, hereinafter called «aromatised wine products». However, in the light 
of technologic innovation, market developments and evolving consumer expectations 
it is necessary to update the rules applicable to the definition, description, presentation, 
labelling  and  protection  of  geographical  indications  of  certain  aromatised  wine 
products, while taking into account traditional production methods. 

Further amendments are needed as a consequence of the entry into force of the Lisbon 
Treaty,  in  order  to  align  the  powers  conferred  upon  the  Commission  pursuant 
Regulation  (EEC)  N° 1601/91  to  Articles  290  and  291  of  the  Treaty  on  the 
Functioning  of  the  European  Union  (the  Treaty).  In  view  of  the  scope  of  those 
amendments, it is appropriate to repeal Regulation (EEC) No 1601/91 and to replace it 
with  a  new  text.  Regulation  (EC)  No  122/94  introduced  rules  on  flavouring  and 

1 
2 
3 
4 
5 

OJ C […], […], p. […] 
OJ C […], […], p. […] 
OJ C […], […], p. […] 
OJ L 149, 14.6.1991, p. 1. 
OJ L 21, 26.1.1994, p.7. 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

addition  of  alcohol  applicable  to  some  aromatised  wine  products;  to  ensure  clarity, 
they should be incorporated in this new text. 

Aromatised wine products are important for consumers, producers and the agricultural 
sector  in  the  Union.  The  measures  applicable  to  aromatised  wine  products  should 
contribute to the attainment of a high level of consumer protection, the prevention of 
deceptive practices and the attainment of market transparency and fair competition. By 
doing  so,  the  measures  will  safeguard  the  reputation  that  Union's  aromatised  wine 
products have achieved in the internal market and on the world market by continuing 
to take into account the traditional practices used in the production of aromatised wine 
products  as  well  as  increased  demand  for  consumer  protection  and  information. 
Technological innovation should also be taken into account in respect of the products 
for which such innovation serves to improve quality, without affecting the traditional 
character of the aromatised wine products concerned.  

The  production  of  aromatised  wine  products  constitutes  a  major  outlet  for  the 
agricultural  sector  of  the  Union,  which  should  be  emphasised  by  the  regulatory 
framework. 

In  the  interest  of  consumers,  this  Regulation  should  apply  to  all  aromatised  wine 
products  marketed  in  the  Union,  whether  produced  in  the  Member  States  or  in  third 
countries. In order to maintain and improve the reputation of Union's aromatised wine 
products  on  the  world  market,  the  rules  provided  for  in  this  Regulation  should  also 
apply to such drinks produced in the Union for export. 

To  ensure  clarity  and  transparency  in  the  legislation  governing  aromatised  wine 
products, it is necessary to clearly define the products covered by that legislation, the 
criteria for the production, description, presentation and labelling of aromatised wine 
products and in particular, the sales denomination and the indication of the provenance 
By  laying  down  such  rules,  all  stages  in  the  production  chain  are  regulated  and 
consumers are protected and properly informed. 

The  definitions  of  aromatised  wine  products  should  continue  to  respect  traditional 
quality  practices  but  should  be  updated  and  improved  in  the  light  of  technological 
developments. 

Aromatised  wine  products  should  be  produced  in  accordance  with  certain  rules  and 
restrictions,  which  guarantee  that  consumer  expectations  as  regards  quality  and 
production methods are met. In order to meet the international standards in this field, 
the production methods should be established and the Commission should as a general 
rule base itself on those recommended and published by the International Organisation 
of Wine and Vine (OIV).  

(9) 

Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 
December  2008  on  food  additives6  and  Regulation  (EC)  No  1334/2008  of  the 
European  Parliament  and  of  the  Council  of  16 December  2008  on  flavourings  and 

6 

OJ L 354, 31.12.2008, p. 16 

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certain  food  ingredients  with  flavouring  properties  for  use  in  and  on  foods7  should 
apply to aromatised wine products.  

(10)  Moreover,  the  ethyl  alcohol  used  for  the  production  of  aromatised  wine  products 
should be exclusively of agricultural origin, so as to meet consumer expectations and 
conform  to  traditional  quality  practices.  This  will  also  ensure  an  outlet  for  basic 
agricultural products.  

(11)  Given  the  importance  and  complexity  of  the  aromatised  wine  products  sector,  it  is 
appropriate  to  lay  down  specific  measures  on  the  description  and  presentation  of 
aromatised  wine  products  supplementing  the  Union  legislation  on  labelling.  Those 
specific measures should also prevent that the sales denominations of aromatised wine 
products  are  misused  compared  to  products  which  do  not  meet  the  requirements  set 
out in this Regulation. 

(12) 

In conformity with the Treaty, in applying a quality policy and in order to allow a high 
level of quality of aromatised wine products with a geographical indication, Member 
States should be able to adopt stricter rules than those laid down in this Regulation on 
the  production,  description,  presentation  and  labelling  of  aromatised  wine  products 
with a geographical indication, produced in their own territory. 

the  European  Parliament  and  of 

(13)  Given  that  Regulation  No  XXXX/20YY  of  the  European  Parliament  and  of  the 
Council  of  ….  on  agricultural  product  quality  schemes  [COM(2010)733  final]8, 
the  Council 
Regulation  No XXXX/20YYof 
[COM(2010)799 final] of establishing a common organisation of agricultural markets 
and on specific provisions for certain agricultural products (Single CMO Regulation)9 
and Regulation (EC) No 110/2008 of the European Parliament and of the Council of 
15  January  2008  on  the  definition,  description,  presentation,  labelling  and  the 
protection  of  geographical  indications  of  spirit  drinks  and  repealing  Council 
Regulation  (EEC)  No 1576/8910,  do  not  apply  to  aromatised  wine  products,  specific 
rules on protection of geographical indications for aromatised wine products should be 
laid  down.  Geographical  indications  should  be  used  to  identify  aromatised  wine 
products  as  originating  in  the  territory  of  a  country,  or  a  region  or  locality  in  that 
territory,  where  a  given  quality,  reputation  or  other  characteristic  of  the  aromatised 
wine  product  is  essentially  attributable  to  its  geographical  origin  and  should  be 
registered by the Commission. 

(14)  A  procedure  for  the  registration,  compliance,  alteration  and  possible  cancellation  of 
third  country  and  Union  geographical  indications  should  be  laid  down  in  this 
Regulation. 

(15)  Member  State  authorities  should  be  responsible  for  ensuring  compliance  with  this 
Regulation,  and  arrangements  should  be  made  for  the  Commission  to  be  able  to 
monitor and verify such compliance. 

7 
8 
9 
10 

OJ L 354, 31.12.2008, p.34 
OJ L […], […], p. […] 
OJ L […], […], p. […] 
OJ L 39, 13.2.2008, p. 16 

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(16) 

In  order  to  adapt  the  requirements  of  this  Regulation  to  technical  developments 
regarding  aromatised  wine  products  and  to  ensure  the  protection  of  geographical 
indications,  the  power  to  adopt  acts  in  accordance  with  Article  290  of  the  Treaty 
should  be  delegated  to  the  Commission  in  respect  of  the  matters  specified  in  this 
Regulation. It is of particular importance that the Commission carries out appropriate 
consultations during its preparatory work, including at expert level. 

(17)  The  Commission,  when  preparing  and  drawing-up  delegated  acts,  should  ensure  a 
simultaneous,  timely  and  appropriate  transmission  of  relevant  documents  to  the 
European Parliament and Council. 

(18) 

In order to ensure uniform conditions for the implementation of this Regulation and in 
order  to  avoid  distortions  of  competition  or  discrimination  between  operators  in  the 
sector of aromatised wine products, implementing powers should be conferred on the 
Commission  in  accordance  with  Article  291(2)  of  the  Treaty.  Save  where  explicitly 
provided otherwise, the Commission should exercise those powers in accordance with 
the  provisions  of  Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  the 
Council of 16 February 2011 laying down the rules and general principles concerning 
mechanisms  for  control  by  Member  States  of  the  Commission’s  exercise  of 
implementing powers11. 

(19)  The  transition  from  the  rules  provided  for  in  Regulation  (EEC)  No 1601/91  to  those 
laid down in this Regulation could give rise to difficulties which are not dealt with in 
this Regulation. For that purpose, the Commission should be empowered to adopt the 
necessary measures. 

(20)  To facilitate a smooth transition from the rules provided for in Regulation (EEC) No 
1601/91  to  the  rules  laid  down  in  this  Regulation,  this  Regulation  should  apply  two 
years  after  its  entry  into  force.  The  marketing  of  existing  stocks  should  be  allowed 
after the application of this Regulation, until those stocks are exhausted, 

HAVE ADOPTED THIS REGULATION: 

CHAPTER I 
SCOPE, DEFINITION AND CLASSIFICATION OF 
AROMATISED WINE PRODUCTS 

Article 1 
Subject matter and scope 

1. 

This  Regulation  lays  down  rules  on  the  definition,  description,  presentation  and 
labelling  of  aromatised  wine  products  as  well  as  on  the  protection  of  geographical 
indications of aromatised wine products. 

11 

OJ L 55, 28.2.2011, p.13. 

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2. 

This Regulation shall apply to all aromatised wine products placed on the market in 
the European Union whether produced in the Member States or in third countries, as 
well as to those produced in the Union for export. 

Article 2 
Definition 

For the purpose of this Regulation the following definitions shall apply: 

(1) 

"Aromatised  wine  products":  means  products  obtained  from  products  of  the  wine 
sector  as  referred  to  in  Regulation  (EU)  No  [XXXX/20XX.  COM(2010)  799  final 
aligned sCMO], and which have been flavoured. They are classified as follows: 

(a) 

aromatised wines, 

(b) 

aromatised wine-based drinks, 

(c) 

aromatised wine-product cocktails. 

(2) 

"Aromatised wine" means a drink: 

(a) 

obtained from one or more of the wine products defined in point 5 of Part IV of 
Annex  III  to  Regulation  (EU)  No  [XXXX/20XX..COM(2010)  799  final, 
aligned sCMO] and in points 1 and 3 to 9 of Part II of Annex XII to the same 
Regulation, except for 'Retsina' wine; 

(b) 

in which the wine products referred to in point (a) shall represent at least 75 % 
of the total volume; 

(c) 

to which grape must and/or grape must in fermentation may have been added; 

(d)  which has a minimum actual alcoholic strength by volume of 14,5 % vol. and a 
maximum  actual  alcoholic  strength  by  volume  of  less  than  22  %  vol.  and  a 
minimum total alcoholic strength by volume of 17,5 % vol. 

(3) 

"Aromatised wine-based drink" means a drink: 

(a) 

obtained from one or more of the wine products defined in points 1, 2 and 4 to 
9 of Part II of Annex XII to Regulation (EU) No [XXXX/20XX..COM(2010) 
799  final,  aligned  sCMO],  except  for  wines  produced  with  the  addition  of 
alcohol and for 'Retsina' wine; 

(b) 

in which the wine products referred to in point (a) shall represent at least 50 % 
of the total volume; 

(c) 

to which grape must may have been added; 

(d)  which  has  a  minimum  alcoholic  strength  by  volume  of  4,5  %  vol.  and  a 

maximum actual alcoholic strength by volume of less than 14,5 % vol. 

(4) 

"Aromatised wine-product cocktail" means a drink: 

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(a) 

to  11  of  Part 

obtained from one or more of the grapevine products defined in points 1, 2 and 
(EU)  No 
4 
[XXXX/20XX..COM(2010)  799  final,  aligned  sCMO],  except  for  wines 
produced with the addition of alcohol and for 'Retsina' wine; 

II  of  Annex  XII 

to  Regulation 

(b) 

in which the grapevine products referred to in point (a) shall represent at least 
50 % of the total volume; 

(d) 

to which no alcohol has been added; 

(e)  which has a minimum actual alcoholic strength by volume of 1,2 % vol. and a 

maximum actual alcoholic strength by volume of less than 10 % vol.. 

CHAPTER II 
DESCRIPTION, PRESENTATION AND LABELLING  
OF AROMATISED WINE PRODUCTS 

1. 

2. 

3. 

Article 3 
Production processes and methods of analysis for aromatised wine products 

Aromatised  wine  products  shall  be  produced  in  accordance  with  the  requirements, 
restrictions and descriptions laid down in Annexes I and II. 

In  order  to  take  account  of  consumers'  expectations  and  to  meet  the  international 
standards applicable to the field covered by this Regulation, the Commission may, by 
means of delegated acts, establish the processes for products being prepared for the 
purpose of obtaining aromatised wine products. 

In establishing  the  authorised processes as referred  to in the first subparagraph, the 
Commission  shall  base  itself  on  the  processes  recommended  and  published  by  the 
International Organisation of Wine and Vine (OIV). 

The  methods  of  analysis  for  determining  the  composition  of  the  aromatised  wine 
products  and  the  rules  whereby  it  may  be  established  whether  those  products  have 
undergone  processes  contrary  to  the  authorised  production  processes  shall  be  those 
recommended and published by the OIV. 

Where there are no methods and rules recommended and published by the OIV, the 
Commission may, by means of delegated acts, adopt the corresponding methods and 
rules . 

Pending the adoption of such methods and rules, the methods and rules allowed by 
the Member State concerned shall be used.  

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1. 

2. 

3. 

4. 

5. 

1. 

Article 4 
Sales denominations 

The  sales  denominations  for  aromatised  wine  products  as  provided  for  in  Annex  II 
shall be used in the Union. Those denominations may be used only for the marketing 
of aromatised wine products which comply with the requirements laid down in that 
Annex for the corresponding sales denomination.  

Aromatised  wine  products  which  comply  with  the  requirements  of  more  than  one 
sales denomination may use only one corresponding sales denomination. 

An  alcoholic  beverage  not  fulfilling  the  requirements  laid  down  in  this  Regulation 
shall not be described, presented or labelled by associating words or phrases such as 
"like", "type", "style", "made", "flavour" or any other term similar to any of the sales 
denominations established in this Regulation. 

Sales denominations may be supplemented or replaced by a geographical indication 
protected under this Regulation. 

The  sales  denominations  listed  in  Annex  II  shall  not  be  supplemented  by 
designations of origin or geographical indications allowed for wine products. 

Article 5 
Additional particulars to the sales denominations 

The  sales  denominations  referred  to  in  Article  4  may  also  be  supplemented  by  the 
following particulars: 

(a) 

«extra-dry»: in the case of products with a sugar content of less than 30 grams 
per litre and, for the category of aromatised wines, a minimum total alcoholic 
strength by volume of 15 % vol.; 

(b)  «dry»: in the case of products with a sugar content of less than 50 grams per 
litre  and,  for  the  category  of  aromatised  wines,  a  minimum  total  alcoholic 
strength by volume of 16 % vol.; 

(c) 

«semi-dry»: in the case of products with a sugar content of between 50 and less 
than 90 grams per litre; 

(d)  «semi-sweet»: in the case of products with a sugar content of between 90 and 

less than 130 grams per litre; 

(e) 

«sweet»: in the case of products with a sugar content of more than 130 grams 
per litre. 

The sugar content indicated in the first subparagraph is expressed as invert sugar. 

The terms «semi-sweet» and «sweet» may be replaced by an indication of the sugar 
content, expressed in grams of invert sugar per litre. 

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2. 

3. 

Where the sales denomination of aromatised wine-based drinks is supplemented by 
the particular «sparkling», the quantity of sparkling wine used must be not less than 
95 % of the volume of the wine used. 

The  sales  denominations  referred  to  in  Article  4  may  also  be  supplemented  by  a 
reference to the main flavouring used. 

Article 6 
Indication of provenance 

Where  the  provenance  of  aromatised  wine  products  is  indicated,  the  provenance  shall 
correspond to the place where the aromatised wine product is produced. The provenance shall 
be  indicated  with  the  words  'produced  in  (…)',  or  expressed  in  equivalent  terms, 
supplemented by the name of the corresponding Member State or third country. 

An indication of the place of provenance of the primary ingredient is not required. 

Article 7 
Use of language in the presentation and labelling of aromatised wine products 

Sales  denominations  and  additional  particulars  provided  for  in  this  Regulation  shall,  where 
expressed in words, appear at least in one or more of the official languages of the Union. 

However,  the  name  of  the  geographical  indication  protected  under  this  Regulation  shall 
appear  on  the  label  in  the  language  or  languages  in  which  it  is  registered,  even  where  the 
geographical indication replaces the sales denomination in accordance with the Article 4(4). 

In  case  of  protected  geographical  indication  using  a  non-latin  alphabet,  the  name  may  also 
appear in one or more official languages of the Union. 

Article 8 
Stricter rules decided by Member States 

In  applying  a  quality  policy  for  aromatised  wine  products  with  geographical  indications 
protected  under  this  Regulation  which  are  produced  on  their  own  territory  or  for  the 
establishment  of  new  geographical  indications,  Member  States  may  lay  down  rules  on 
production  and  description  which  are  stricter  than  those  referred  to  in  Article  3  and  in 
Annexes I and II in so far as they are compatible with Union law. 

Article 9 
Delegated powers 

In  order  to  take  into  account  the  specificities of  the  sector  and  to  address  the  emergence  of 
new products on the market, the Commission may, by means of delegated acts, update: 

(a) 

(b) 

EN 

the definitions, the requirements and the restrictions laid down in Annex I, 

the sales denominations and descriptions laid down in Annex II. 

12 

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CHAPTER III 
GEOGRAPHICAL INDICATIONS 

Article 10 
Definition 

For the purposes of this Chapter, "geographical indication" means an indication referring to a 
region,  a  specific  place  or  a  country,  used  to  describe  an  aromatised  wine  product  where  a 
given quality, reputation or other characteristics of that product is essentially attributable to its 
geographical origin. 

Article 11 
Content of applications for protection 

1. 

Applications  for  protection  of  names  as  geographical  indications  shall  include  a 
technical file containing: 

(a) 

the name to be protected; 

(b) 

the name and address of the applicant; 

(c) 

a product specification as referred to in paragraph 2; and 

(d) 

a  single  document  summarising  the  product  specification  referred  to  in 
paragraph 2. 

2. 

To  be  eligible  for  a  protected  geographical  indication,  a  product  shall  comply  with 
the corresponding product specification which shall include at least: 

(a) 

the name to be protected; 

(b) 

a description of the product, in particular its principal analytical characteristics 
as well as an evaluation or indication of its organoleptic characteristics; 

(c)  where applicable, the particular production processes and specifications as well 

as the relevant restrictions on making the product; 

(d) 

the demarcation of the geographical area concerned; 

(e) 

the details bearing out the link referred to in Article 10;  

(f) 

applicable  requirements  laid  down  in  Union  or  national  legislation  or,  where 
laid down by Member States, by an organisation which manages the protected 
geographical indication, having regard to the fact that such requirements shall 
be objective, and non-discriminatory and compatible with Union law; 

(g) 

the name and address of the authorities or bodies verifying compliance with the 
provisions of the product specification and their specific tasks. 

EN 

13 

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1. 

2. 

3. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

Article 12 
Application for protection relating to a geographical area in a third country 

Where the application for protection concerns a geographical area in a third country, 
it shall contain in addition to the elements provided for in Article 11, proof that the 
name in question is protected in its country of origin. 

The application shall be sent to the Commission, either directly from the applicant or 
via the authorities of the third country concerned. 

The  application  for  protection  shall  be  filed  in  one  of  the  official  languages  of  the 
Union or accompanied by a certified translation into one of those languages. 

Article 13 
Applicants 

Any  interested  group  of  producers,  or  in  exceptional  cases  a  single  producer,  may 
apply  for  the  protection  of  a  geographical  indication.  Other  interested  parties  may 
participate in the application. 

Producers may lodge an application for protection only for aromatised wine products 
which they produce. 

In the case of a name designating a trans-border geographical area, a joint application 
may be lodged. 

Article 14 
Preliminary national procedure 

Applications for protection of a geographical indication of aromatised wine products 
in  accordance  with  Article 11,  originating  in  the  Union  shall  be  subject  to  a 
preliminary national procedure in accordance with paragraphs 2 to 7 of this Article. 

The application for protection shall be filed with the Member State in which territory 
the geographical indication originates. 

The  Member  State  shall  examine  the  application  for  protection  in  order  to  verify 
whether it meets the conditions set out in this Chapter. 

The  Member  State  shall,  by  means  of  a  national  procedure,  ensure  the  adequate 
publication of the application and providing for a period of at least two months from 
the date of publication within which any natural or legal person having a legitimate 
interest  and  resident  or  established  on  its  territory  may  object  to  the  proposed 
protection by lodging a duly substantiated statement with the Member State. 

If  the  Member  State  considers  that  the  geographical  indication  does  not  meet  the 
relevant requirements or is incompatible with Union law in general, it shall reject the 
application. 

5. 

If the Member State considers that the relevant requirements are met, it shall: 

EN 

14 

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(a) 

(b) 

publish  the  single  document  and  the  product  specification  at  least  on  the 
Internet; and 

forward  to  the  Commission  an  application  for  protection  containing  the 
following information: 

(i) 

the name and address of the applicant; 

(ii) 

the product specification referred in Article 11(2); 

(iii) 

the single document referred to in Article 11(1)(d); 

(iv)  a  declaration  by  the  Member  State  that  it  considers  that  the  application 

lodged by the applicant meets the conditions required; and 

(v) 

the reference to publication, as referred to in point (a). 

The  information  referred  to  in  point  (b)  of  the  first  subparagraph  shall  be 
forwarded in  one of the official languages of the Union or accompanied by a 
certified translation into one of those languages. 

Member  States  shall  adopt  the  laws,  regulations  or  administrative  provisions 
necessary to comply with this Article by 1st December 2012. 

Where  a  Member  State  has  no  national  legislation  concerning  the  protection  of 
geographical indications, it may, on a transitional basis only, grant protection to the 
name in accordance with the terms of this Chapter at national level with effect from 
the  day  the  application  is  lodged  with  the  Commission.  Such  transitional  national 
protection shall cease on the date on which a decision on registration or refusal under 
this Chapter is taken. 

Article 15 
Scrutiny by the Commission 

The Commission shall make the date of submission of the application for protection 
of the geographical indication public. 

The Commission shall examine whether the applications for protection referred to in 
Article 14(5) meet the conditions laid down in this Chapter. 

Where  the  Commission  considers  that  the  conditions  laid  down  in  this  Chapter  are 
met, it shall, by means of implementing acts without the assistance of the Committee 
referred  to  in  Article  36,  decide  to  publish  in  the  Official  Journal  of  the  European 
Union  the  single  document  referred  to  in  Article 11(1)(d)  and  the  reference  to  the 
publication of the product specification referred to in Article 14(5). 

Where  the  Commission  considers  that  the  conditions  laid  down  in  this  Chapter  are 
not met, it shall, by means of implementing acts, decide to reject the application. 

6. 

7. 

1. 

2. 

3. 

EN 

15 

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Article 16 
Objection procedure 

Within  two  months  from  the  date  of  publication  provided  for  in  the  first  subparagraph  of 
Article 15(3),  any  Member  State  or  third  country,  or  any  natural  or  legal  person  having  a 
legitimate interest, resident or established in a Member State other than that applying for the 
protection  or  in  a  third  country,  may  object  to  the  proposed  protection  by  lodging  a  duly 
substantiated  statement  relating  to  the  conditions  of  eligibility  as  laid  down  in  this  Chapter 
with the Commission. 

In the case of natural or legal persons resident or established in a third country, such statement 
shall be lodged, either directly or via the authorities of the third country concerned, within the 
time limit of two months referred to in the first paragraph. 

Article 17 
Decision on protection 

On  the  basis  of  the  information  available  to  the  Commission  upon  the  completion  of  the 
objection procedure referred to in article 16, the Commission shall, by means of implementing 
acts,  either  decide  to  confer  protection  on  the  geographical  indication  which  meets  the 
conditions  laid  down  in  this  Chapter  and  is  compatible  with  Union  law,  or  to  reject  the 
application where those conditions are not satisfied. 

Article18 
Homonyms 

1. 

2. 

3. 

A  name,  for  which  an  application  is  lodged,  and  which  is  wholly  or  partially 
homonymous with that of a name already registered under this Regulation, shall be 
registered  with  due  regard  for  local  and  traditional  usage  and  for  any  risk  of 
confusion. 

A  homonymous  name  which  misleads  the  consumer  into  believing  that  products 
come from another territory shall not be registered even if the name is accurate as far 
as  the  actual  territory,  region  or  place  of  origin  of  the  products  in  question  is 
concerned. 

The use of a registered homonymous name shall be subject to there being a sufficient 
distinction in practice between the homonym registered subsequently and the name 
already on the register, having regard to the need to treat the producers concerned in 
an equitable manner and the need not to mislead the consumer. 

Article 19 
Grounds for refusal of protection 

1. 

Names that have become generic shall not be protected as a geographical indication. 

For the purposes of this Chapter, a "name that has become generic" means the name 
of  an  aromatised  wine  product  which,  although  it  relates  to  the  place  or  the  region 

EN 

16 

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2. 

1. 

2. 

where  this  product  was  originally  produced  or  marketed,  has  become  the  common 
name of an aromatised wine product in the Union. 

To establish whether or not a name has become generic, account shall be taken of all 
relevant factors, in particular: 

(a) 

the existing situation in the Union, notably in areas of consumption; 

(b) 

the relevant Union or national legislation. 

A  name  shall  not  be  protected  as  a  geographical  indication  where,  in  the  light  of  a 
trademark's reputation and renown, protection is liable to mislead the consumer as to 
the true identity of the aromatised wine product. 

Article 20 
Relationship with trademarks 

Where a geographical indication is protected under this Regulation, the registration 
of a trademark corresponding to one of the situations referred to in Article 21(2) and 
relating  to  an  aromatised  wine  product  shall  be  refused  if  the  application  for 
registration  of  the  trademark  is  submitted  after  the  date  of  submission  of  the 
application for protection of the geographical indication to the Commission and the 
geographical indication is subsequently protected. 

Trademarks registered in breach of the first subparagraph shall be invalidated. 

Without prejudice to Article 18(2), a trademark the use of which corresponds to one 
of the situations referred to in Article 21(2), which has been applied for, registered or 
established by use, if that possibility is provided for by the legislation concerned, in 
the territory of the Union before the date on which the application for protection of 
the geographical indication is submitted to the Commission, may continue to be used 
and  renewed  notwithstanding  the  protection  of  a  geographical  indication,  provided 
that no grounds for the trademark's invalidity or revocation exist as specified by the 
Directive 2008/95/EC  of  the  European  Parliament  of  the  Council  12  or  by  Council 
Regulation (EC) No 207/200913. 

In such cases the use of the geographical indication shall be permitted alongside the 
relevant trademarks. 

Article 21 
Protection 

1. 

Protected  geographical  indications  may  be  used  by  any  operator  marketing  an 
aromatised  wine  product  which  has  been  produced  in  conformity  with  the 
corresponding product specification. 

12 
13 

OJ L 229, 8.11.2009, p. 25. 
OJ L 78, 24.3.2009, p. 1. 

EN 

17 

   EN 

 
                                                 
2. 

Protected  geographical  indications  and  the  aromatised  wine  products  using  those 
protected  names  in  conformity  with  the  product  specification  shall  be  protected 
against: 

(a) 

any direct or indirect commercial use of a protected name: 

(i) 

by comparable products not complying with the product specification of 
the protected name; or 

(ii) 

in so far as such use exploits the reputation of a geographical indication; 

(b) 

(c) 

any  misuse,  imitation  or  evocation,  even  if  the  true  origin  of  the  product  or 
service  is  indicated  or  if  the  protected  name  is  translated,  transcripted  or 
transliterated  or  accompanied  by  an  expression  such  as  "style",  "type", 
"method", "as produced in", "imitation", "flavour", "like" or similar; 

any other false or misleading indication as to the provenance, origin, nature or 
essential qualities of the product, on the inner or outer packaging, advertising 
material or documents relating to the wine product concerned, and the packing 
of the product in a container liable to convey a false impression as to its origin; 

3. 

4. 

(d) 

any  other  practice  liable  to  mislead  the  consumer  as  to  the  true  origin  of  the 
product. 

Protected geographical indications shall not become generic in the Union within the 
meaning of Article 19(1). 

Member States shall take the appropriate administrative and judicial steps to prevent 
or  to  stop  unlawful  use  of  protected  geographical  indications  as  referred  to  in 
paragraph 2. 

Article 22 
Register 

The Commission shall establish and maintain an electronic register of protected geographical 
indications for aromatised wine products which shall be publicly accessible. 

Geographical  indications  pertaining  to  products  of  third  countries  that  are  protected  in  the 
Union pursuant to an international agreement to which the Union is a contracting party may 
be  entered  in  the  register  referred  to  in  the  first  paragraph  as  protected  geographical 
indications. 

Article 23 
Designation of competent authority 

1. 

Member States shall designate the competent authority or authorities responsible for 
checks  in  respect  of  the  obligations  established  by  this  Chapter  in  accordance  with 

EN 

18 

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2. 

3. 

1. 

2. 

3. 

4. 

the  criteria  laid  down  in  Article 4  of  Regulation  (EC)  No 882/2004  of  the 
European Parliament and of the Council14. 

Member States shall ensure that any operator complying with this Chapter is entitled 
to be covered by a system of checks. 

Member  States  shall  inform  the  Commission  of  the  competent  authority  or 
authorities referred to in paragraph 1. The Commission  shall  make their  names and 
addresses public and update them periodically. 

Article 24 
Verification of compliance with specifications 

In respect of protected geographical indications relating to a geographical area within 
the  Union,  annual  verification  of  compliance with  the  product  specification,  during 
the production and during or after conditioning of the aromatised wine product, shall 
be ensured by: 

(a) 

the competent authority or authorities referred to in Article 23; or 

(b)  one or more bodies responsible for the verification within the meaning of point 
5  of  the  second  subparagraph  of  Article 2  of  Regulation  (EC)  No 882/2004 
operating  as  a  product  certification  body  in  accordance  with  the  criteria  laid 
down in Article 5 of that Regulation. 

The costs of such verification shall be borne by the operators subject to it. 

In respect of protected geographical indications relating to a geographical area in a 
third  country,  annual  verification  of  compliance  with  the  product  specification, 
during  the  production  and  during  or  after  conditioning  of  the  aromatised  wine 
product, shall be ensured by: 

(a) 

one or more public authorities designated by the third country; or 

(b)  one or more certification bodies. 

The  certification  bodies  referred  to  in  paragraphs 1(b)  and 2(b)  shall  comply  with, 
and be accredited in accordance with, the European standard EN 45011 or ISO/IEC 
Guide 65 (General requirements for bodies operating product certification systems). 

Where  the  authority  or  authorities  referred  to  in  paragraphs 1(a)  and 2(a)  verify 
compliance  with  the  product  specification,  they  shall  offer  adequate  guarantees  of 
objectivity  and  impartiality,  and  have  at  their  disposal  the  qualified  staff  and 
resources needed to carry out their tasks. 

14 

OJ L 165, 30.4.2004, p. 1. 

EN 

19 

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1. 

2. 

Article 25 
Amendments to product specifications 

An  applicant  satisfying  the  conditions  of  Article 13  may  apply  for  approval  of  an 
amendment  to  the  product  specification  of  a  protected  geographical  indication,  in 
particular to take account of developments in scientific and technical knowledge or 
to redefine the geographical area referred to in point (d) of the second subparagraph 
of  Article 11(2).  Applications  shall  describe  and  give  reasons  for  the  amendments 
requested. 

referred 
to 

to 
in  Article 11(1)(d),  Articles 14 
the  amendment  application.  However, 

Where  the  proposed  amendment  involves  one  or  more  amendments  to  the  single 
document 
shall  apply 
the  proposed 
mutatis mutandis 
amendment  is  only  minor,  the  Commission  shall,  by  means  of  implementing  acts, 
decide whether to approve the application without following the procedure laid down 
in  Article 15(2)  and Article  16  and  in  the  case  of  approval,  the  Commission  shall 
proceed to the publication of the elements referred to in Article 15(3). 

to 17 
if 

3. 

Where the proposed amendment does not involve any change to the single document, 
the following rules shall apply: 

(a)  where  the  geographical  area  is  in  a  given  Member  State,  that  Member State 
shall express its position on the amendment and, if it is in favour, shall publish 
the  amended  product  specification  and  inform  the  Commission  of  the 
amendments approved and the reasons for them; 

(b)  where  the  geographical  area  is  in  a  third  country,  the  Commission  shall,  by 
means  of  implementing  acts,  decide  whether  to  approve  the  proposed 
amendment. 

Article 26 
Cancellation 

The Commission may, at its own initiative or at the duly substantiated request of a Member 
State, of a third country or of a natural or legal person having a legitimate interest, decide, by 
means  of  implementing  acts,  to  cancel  the  protection  of  a  geographical  indication  if 
compliance with the corresponding product specification is no longer ensured. 

Articles 14 to 17 shall apply mutatis mutandis. 

Article 27 
Existing protected geographical designations  

1. 

2. 

Geographical  designations  of  aromatised  wine  products  listed  in  Annex  II  of 
Regulation  (EEC)  No  1601/1991,  shall  automatically  be  protected  as  geographical 
indications  under  this  Regulation.  The  Commission  shall  list  them  in  the  register 
provided for in Article 22 of this Regulation. 

Member  States  shall,  in  respect  of  existing  protected  geographical  designations 
referred to in paragraph 1, transmit to the Commission: 

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20 

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(a) 

the technical files as provided for in Article 11(1); 

(b) 

the national decisions of approval. 

3. 

Existing  geographical  designations  referred  to  in  paragraph 1,  for  which  the 
information  referred  to  in  paragraph 2  is  not  submitted  by  [2  years  after  entry  into 
force], shall lose protection under this Regulation. The Commission shall, by means 
of implementing acts without the assistance of the Committee referred to in Article 
36,  take  the  corresponding  formal  step  of  removing  such  names  from  the  register 
provided for in Article 22. 

4. 

Article 26 shall not apply in respect of existing protected geographical designations 
referred to in paragraph 1 of this Article.  

Until  [3  years  after  entry  into  force]  the  Commission,  by  means  of  implementing 
acts,  may,  at  its  own  initiative,  decide  to  cancel  protection  of  existing  protected 
geographical  designations  referred  to  in  paragraph 1  if  they  do  not  comply  with 
Article 10. 

Article 28 
Fees 

Member States may charge a fee to cover their costs, including those incurred in examining 
applications  for  protection,  statements  of  objections,  applications  for  amendments  and 
requests for cancellations under this Chapter. 

Article 29 
Delegated powers 

1. 

In  order  to  take  account  of  the  specificities  of  the  production  in  the  demarcated 
geographical area, the Commission may, by means of delegated acts, adopt: 

2. 

3. 

(a) 

principles for the demarcation of the geographical area, and  

(b)  definitions,  restrictions  and  derogations  related  to  the  production  in  the 

demarcated geographical area. 

In order to ensure product quality and traceability, the Commission may, by means of 
delegated  acts,  provide  for  the  conditions  under  which  product  specifications  may 
include additional requirements as referred to in Article 11 (2)(f). 

In  order  to  ensure  the  rights  or  legitimate  interests  of  producers  or  operators,  the 
Commission may, by means of delegated acts: 

(a) 

(b) 

define  in  which  cases  a  single  producer  may  apply  for  the  protection  of  a 
geographical indication; 

adopt  restrictions  as  regards  the  type  of  applicant  that  may  apply  for  the 
protection of a geographical indication; 

EN 

21 

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(c) 

adopt specific measures related to the national procedures applicable to trans-
border applications; 

(d)  define the date of submission of an application or a request; 

(e) 

define the date from which protection shall run; 

(f) 

establish  the  conditions  under  which  an  amendment  is  to  be  considered  as 
minor as referred to in Article 25(2); 

(g)  define the date on which an amendment shall enter into force. 

4. 

5. 

6. 

In  order  to  ensure  an  adequate  protection,  the  Commission  may,  by  means  of 
delegated acts, adopt restrictions regarding the protected name. 

In  order  to  prevent  the  unlawful  use  of  geographical  indications,  the  Commission 
may,  by  means  of  delegated  acts,  define  the  actions  to  be  implemented  by  the 
Member States in this respect.  

In  order  to  ensure  the  efficiency  of  the  checks  provided  for  in  this  Chapter,  the 
Commission  may,  by  means  of  delegated  acts,  adopt  the  necessary  measures 
regarding the notification of operators to the competent authorities. 

Article 30 
Implementing powers 

1. 

The Commission may, by means of implementing acts, adopt all necessary measures 
related to this Chapter regarding: 

(a) 

the  information to  be provided in the product specification with regard to the 
link between the geographical area and the final product; 

(b) 

the making of decisions on protection or rejection available to the public; 

(c) 

the establishment and the maintenance of the register referred to in Article 22; 

(e) 

the submission of trans-border applications; 

(f) 

checks  and  verification  to  be  carried  out  by  the  Member  States,  including 
testing.  

2. 

The Commission may, by means of implementing acts, adopt all necessary measures 
related  to  this  Chapter  as  regards  the  procedure,  including  admissibility,  for  the 
examination of applications for protection or for the approval of an amendment of a 
geographical  indication,  as  well  as  the  procedure,  including  admissibility,  for 
requests for objection, cancellation, or conversion, and the submission of information 
related to existing protected geographical designations, in particular with respect to: 

(a)  models for documents and the transmission format; 

(b) 

time limits; 

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22 

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(c) 

the details of the facts, evidence and supporting documents to be submitted in 
support of the application or request. 

Article 31 
Implementing acts to be adopted without the assistance of the Committee referred to in Article 
36 

Where an application or a request submitted under this Chapter is deemed inadmissible, the 
Commission  shall,  by  means  of  implementing  acts  without  the  assistance  of  the  Committee 
referred to in Article 36, decide to reject it as inadmissible.  

CHAPTER IV 
GENERAL, TRANSITIONAL  
AND FINAL PROVISIONS 

1. 

2. 

1. 

2. 

Article 32 
Checks and verification of aromatised wine products 

Member States shall be responsible for the checks of aromatised wine products. They 
shall  take  the  measures  necessary  to  ensure  compliance  with  the  provisions  of  this 
Regulation  and  in  particular  they  shall  designate  the  competent  authority  or 
authorities  responsible  for  checks  in  respect  of  the  obligations  established  by  this 
Regulation in accordance with Regulation (EC) No 882/2004. 

The  Commission  in  consultation  with  the  Member  States  shall  ensure  the  uniform 
application of this Regulation and when necessary shall, by means of implementing 
acts, adopt the rules concerning administrative and physical checks to be conducted 
by  the  Member  States  with  regard  to  the  respect  of  obligations  resulting  from  the 
application of this Regulation. 

Article 33 
Exchange of information 

Member  States  and  the  Commission  shall  notify  each  other  of  any  information 
necessary  for  the  application  of  this  Regulation  and  for  complying  with  the 
international obligations concerning the aromatised wine products. That information 
may,  where  appropriate,  be  transmitted  or  made  available  to  the  competent 
authorities of third countries and may be made public. 

In order to make notifications referred to in paragraph 1 fast, efficient, accurate, and 
cost effective the Commission shall, by means of delegated acts, lay down: 

(a) 

the nature and type of the information to be notified  

(b) 

the methods of notification; 

EN 

23 

   EN 

 
(c) 

the rules related to the access rights to the information or information systems 
made available; 

(d) 

the conditions and means of publication of the information. 

3. 

The Commission shall, by means of implementing acts, adopt: 

(a) 

rules on providing the information necessary for the application of this Article; 

(b) 

(c) 

arrangements for the management of the information to be notified, as well as 
rules on content, form, timing, frequency and deadlines of the notifications; 

arrangements for transmitting or making information and documents available 
to  the  Member  States,  the  competent  authorities  in  third  countries,  or  the 
public. 

Article 34 
Commission powers 

When powers are granted to the Commission to adopt delegated acts, Article 35 shall apply. 

When  powers  are  granted  to  the  Commission  to  adopt  implementing  acts,  it  shall  act  in 
accordance  with  with  the  procedure  referred  to  in  Article  36(2),  save  as  explicitly  provided 
otherwise in this Regulation. 

Article 35 
Exercise of the delegation  

1. 

2. 

3. 

4. 

5. 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article.  

The  delegation  of  power  referred  to  in  this  Regulation  shall  be  conferred  on  the 
Commission for an indeterminate period of time. 

The delegation of power referred to in this Regulation may be revoked at any time by 
the European Parliament or by the Council. A decision of revocation shall put an end 
to the delegation of the powers specified in that decision. It shall take effect the day 
following the publication in the Official Journal of the European Union. It shall not 
affect the validity of the delegated acts already in force. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council. 

A delegated act adopted pursuant to this Regulation shall enter into force only if no 
objection  has  been  expressed  either  by  the  European  Parliament  or  the  Council 
within a period of [two months] of notification of that act or if, before the expiry of 
that  period,  the  European  Parliament  and  the  Council  have  both  informed  the 
Commission that they will not object. That period shall be extended by [two months] 
at the initiative of the European Parliament or the Council. 

EN 

24 

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Article 36 
Implementing acts - committee 

1. 

2. 

The  Commission  shall  be  assisted  by  the  Committee  on  aromatised  wine  products. 
That  committee  shall  be  a  committee  within  the  meaning  of  Regulation  (EU)  No 
182/2011. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply.  

Article 37 
Repeal 

Regulation (EEC) No 1601/91 is hereby repealed as from [date of application = 1 year after 
the entry into force].  

References  made  to  the  repealed  Regulation  shall  be  construed  as  references  to  this 
Regulation  and  be  read  in  accordance  with  the correlation  table  set  out  in  Annex  IV  to  this 
Regulation. 

Article 38 
Transitional measures 

1. 

2. 

In order to facilitate the transition from the rules provided for in Regulation (EEC) 
No 1601/91  to  those  established  by  this  Regulation,  the  Commission,  where 
appropriate, may, by means of delegated acts, adopt measures to amend or derogate 
from this Regulation, by [3 years after entry into force] . 

Aromatised wine products not meeting the requirements of this Regulation but which 
have been produced in accordance with Regulation (EEC) No 1601/91 prior to [date 
of application of this Regulation] may be marketed until stocks are exhausted. 

Article 39 
Entry into force 

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

It shall apply [1 year after entry into force, a precise date should be filled in when Regulation 
will be published]. 

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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TECHNICAL DEFINITIONS, REQUIREMENTS AND RESTRICTIONS 

ANNEX I 

(1) 

Flavouring 

The following products are authorised for the flavouring of aromatised wines: 

(a) 

natural  flavouring  substances  and/or  flavouring  preparations  as  defined  in 
Article 3(2) (c) and (d) of Regulation (EC) No 1334/2008 ; 

(b) 

flavouring substances: 

– 

– 

– 

– 

identical to vanillin, 

which smell and/or taste of almonds, 

which smell and/or taste of apricots, 

which smell and/or taste of eggs, and/or 

(c) 

aromatic herbs and/or spices and/or flavouring foodstuffs, 

The  following  products  are  authorised  for  the  flavouring  of  aromatised  wine-based 
drinks and aromatised wine-product cocktails: 

(a) 

flavouring substances and/or flavouring preparations as defined in Article 3(2) 
(b) and (d) of Regulation (EC) No 1334/2008, and/or; 

(b) 

aromatic herbs and/or spices and/or flavouring foodstuffs. 

(2) 

Sweetening 

Aromatised  wine  products  may  be  sweetened  using  one  or  more  of  the  following 
products: 

(a) 

semi-white  sugar,  white  sugar,  extra-white  sugar,  dextrose,  fructose, 
glucose syrup,  sugar  solution,  invert  sugar  solution,  invert  sugar  syrup,  as 
defined  in  Council  Directive 2001/111/EC  of  20  December  2001  relating  to 
certain sugars intended for human consumption15; 

(b) 

rectified concentrated grape must, concentrated grape must, grape must; 

(c) 

burned  sugar,  which  is  the  product  obtained  exclusively  from  the  controlled 
heating of sucrose without bases, mineral acids or other chemical additives; 

(d)  honey  as  defined  in  Council  Directive  2001/110/EC  of  20  December  2001 

relating to honey16; 

(e) 

carob syrup; 

15 
16 

OJ L 10, 12.1.2002, p. 53. 
OJ L 10, 12.1.2002, p. 47. 

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(f) 

any  other  natural  carbohydrate  substances  having  a  similar  effect  to  those 
products. 

(3) 

Addition of alcohol 

One  or  more  of  the  following  products  may  be  used  in  the  preparation  of  some 
aromatised wines and, some aromatised wine-based drinks:  

(a) 

ethyl alcohol of viticultural origin, 

(b)  wine alcohol or dried grape alcohol, 

(c) 

ethyl alcohol of agricultural origin, 

(d)  wine distillate or dried grape distillate, 

(e) 

distillate of agricultural origin, 

(f)  wine spirit or grape-marc spirit, 

(g)  dried grape spirit, 

The  products  listed  in  the  first  subparagraph  must  comply  with  the  characteristics 
laid down by in Union legislation. In particular, ethyl alcohol of agricultural origin 
must possess the following characteristics: 

(a) 

organoleptic  characteristics:  no  detectable  taste  other  than  that  of  the  raw 
material; 

(b)  minimum alcoholic strength by volume: 96 %; 

(c)  maximum level of residues: 

(i) 

total  acidity,  expressed  in  grams  of  acetic  acid  per  hectolitre  of 
100 % vol. alcohol: 1,5, 

(ii) 

esters  expressed  in  grams  of  ethyl  acetate  per  hectolitre  of  100 % vol. 
alcohol: 1,3, 

(iii)  aldehydes  expressed  in  grams  of  acetaldehyde  per  hectolitre  of 

100 % vol. alcohol: 0,5, 

(iv)  higher  alcohols  expressed  in  grams  of  methyl2  propanol1  per hectolitre 

of 100 % vol. alcohol: 0,5, 

(v)  methanol expressed in grams per hectolitre of 100 % vol. alcohol: 30, 

(vi)  dry extract expressed in grams per hectolitre of 100 % vol. alcohol: 1,5, 

(vii)  volatile  bases  containing  nitrogen  expressed  in  grams  of  nitrogen  per 

hectolitre of 100 % vol. alcohol: 0,1, 

(viii)  furfural: not detectable. 

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The  ethyl  alcohol  used  to  dilute  or  dissolve  colorants,  flavourings  or  any  other 
authorised  additives  used  in  the  preparation  of  aromatised  wine  products  shall  be 
used in the dose strictly necessary and is not considered as addition of alcohol for the 
purpose of production of an aromatised wine product.  

(4) 

Additives and colouring 

The  rules  on  food  additives,  including  colours,  laid  down  in  Regulation  (EC)  No 
1333/2008 shall apply to aromatised wine products. 

(5) 

Addition of water 

For  the  preparation  of  aromatised  wine  products,  the  addition  of  water  shall  be 
authorised provided that it is used in the dose strictly necessary to prepare flavouring 
essence, to dissolve colorants and sweeteners and/or to adjust the final composition 
of the product. 

the  water  added  has 

The  quality  of 
in  conformity  with  Council 
Directive 80/777/EEC  of  15 July 1980  on  the  approximation  of  the  laws  of  the 
Member States relating to the exploitation and marketing of natural mineral waters17 
and  Council  Directive  98/83/EC  of  3 November 1998  on  the  quality  of  water 
intended  for  human  consumption18,  and  it  should  not  change  the  nature  of  the 
product. 

to  be 

This water may be distilled, demineralised, permuted or softened. 

(6) 

For the preparation of aromatised wine products, addition of carbon dioxide shall be 
authorised. 

(7) 

Alcoholic strength by volume 

"Alcoholic  strength  by  volume"  means  the  ratio  of  the  volume  of  pure  alcohol 
present in the product in question at 20°C to the total volume of that product at the 
same temperature. 

"Actual alcoholic strength by volume" means the number of volumes of pure alcohol 
at 20° C contained in 100 volumes of the product at the same temperature. 

"Potential  alcoholic  strength  by  volume"  means  the  number  of  volumes  of  pure 
alcohol  at  20 °C  which  would  be  produced  by  total  fermentation  of  the  sugar 
contained in 100 volumes of the product at the same temperature; 

"Total  alcoholic  strength  by  volume"  means  the  sum  of  the  actual  and  potential 
alcoholic strengths by volume. 

17 
18 

OJ L 229, 30.8.1980, p. 1. 
OJ L 330, 5.12.1998, p. 32. 

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ANNEX II 

SALES DENOMINATIONS AND DESCRIPTIONS OF AROMATISED WINE 
PRODUCTS 

A. 

SALES  DENOMINATIONS  AND  DESCRIPTIONS  OF  AROMATISED 
WINES  

(1) 

Aromatised wine: 

Aromatized wine to which no alcohol has been added. 

(2) 

Aromatised fortified wine: 

Aromatised wine to which alcohol has been added. 

(3) 

Wine-based aperitif: 

Aromatised wine to which alcohol may have been added. 

The  use  of  the  term  "aperitif"  in  this  connection  is  without  prejudice  to  its  use  to 
define products which do not fall within the scope of this Regulation. 

(4) 

Vermouth: 

Aromatised wine: 

–  to which alcohol has been added, 
–  whose characteristic taste has been obtained by the use of appropriate substances 

of Artemisia species and, 

–  which  may  have  been  sweetened  only  by  means  of  caramelized  sugar,  sucrose, 

grape must, rectified concentrated grape must and concentrated grape must. 

(5) 

Bitter aromatised wines: 

Aromatised wine to which alcohol is added and with a characteristic bitter flavour. 

The description «bitter aromatised wine» shall be followed by the name of the main 
bitter-flavouring substance. The following expressions, or equivalent expressions in 
other  official  languages  of  the  Union,  may  be  used  to  supplement  or  replace  this 
description: 

- 

- 

«Quinquina wine», whose main flavouring is natural quinine flavouring, 

«Bitter vino», whose main flavouring is natural gentian flavouring and which 
has been coloured with authorized yellow and/or red colouring matter; the use 
of the word «bitter» in this connection shall be without prejudice to its use to 
define products which do not fall within the scope of this regulation, 

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- 

«Americano», where the flavouring is due to the presence of natural flavouring 
substances derived from wormwood and gentian and which has been coloured 
with authorized yellow and/or red colouring matter. 

(6) 

Egg-based aromatised wine: 

Aromatised wine: 

–  to which alcohol has been added 
–  to which good-quality egg yolk or contracts thereof have been added and, 
–  which  has  a  sugar  content  expressed  in  terms  of  invert  sugar  of  more  than  200 
grams and a minimum egg yolk content of 10 grams per litre of finished product. 

The term «cremovo» may accompany the term «egg-based aromatised wine» where 
such wine contains Marsala wine in a proportion of not less than 80 %. 

The  term  «cremovo  zabaione»  may  accompany  the  term  «egg-based  aromatised 
wine» where such wine contains Marsala wine in a proportion of not less than 80 % 
and has an egg yolk content of not less than 60 grams per litre. 

(7) 

Väkevä viiniglögi Starkvinsglögg 

An aromatised wine: 

–  to which alcohol has been added and, 
–  whose  characteristic  taste  has  been  obtained  by  the  use  of  cloves  and/or 

cinnamon. 

B. 

SALES DENOMINATIONS AND DESCRIPTIONS OF AROMATISED WINE 
BASED DRINKS  

(1) 

Aromatized wine-based drink 

Aromatized wine-based drink to which no alcohol has been added. 

(2) 

Aromatised fortified wine-based drink 

Aromatised wine-based drink 

–  to which alcohol has been added 
–  which has been sweetened, 
–  which is obtained from white wine, 
–  to which dried grape distillate has been added and, 
–  which has been flavoured exclusively by cardamom extract; 

–  or 

–  to which alcohol has been added, 
–  which has been sweetened, 
–  which is obtained from red wine and, 
–  to which flavouring preparations obtained exclusively from spices, ginseng, nuts, 

citrus fruit essences and aromatic herbs, have been added. 

(3) 

Sangria: 

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Aromatised wine-based drink 

–  which is obtained from wine, 
–  which is aromatised with the addition of natural citrus-fruit extracts or essences, 

with or without the juice of such fruit, 
–  to which spices may have been added, 
–  to which CO2 may have been added, 
–  to which no alcohol has been added 
–  which has not been coloured, 
–  which have an actual alcoholic strength by volume of not less than 4,5% vol., and 

less than 12 % vol. and, 

–  which may contain solid particles of citrus-fruit pulp or peel and its colour must 

come exclusively from the raw materials used. 

The  description  ‘Sangria’  must  be  accompanied  by  the  words  ‘produced  in  …’ 
followed  by  the  name  of  the  Member  State  of  production  or  of  a  more  restricted 
region except where the product is produced in Spain or Portugal. 

The description ‘Sangria’ may replace the description ‘aromatised wine-based drink’ 
only where the drink is manufactured in Spain or Portugal. 

(4) 

Clarea: 

Aromatised  wine-based  drink,  which  is  obtained  from  white  wine  under  the  same 
conditions as for Sangria. 

The  description  «Clarea»  must  be  accompanied  by  the  words  «produced  in  …» 
followed  by  the  name  of  the  Member  State  of  production  or  of  a  more  restricted 
region except where the product is produced in Spain. 

The  description  «Clarea»  may  replace  the  description  «aromatised  wine-based 
drink» only where the drink is manufactured in Spain. 

(5) 

Zurra: 

Aromatised wine-based drink obtained by adding brandy or wine spirit as defined in 
Regulation (EC) No 110/2008 to Sangria and Clarea, possibly with the addition of 
pieces  of  fruit.  The  actual  alcoholic  strength  by  volume  must  be  not  less  than  9  % 
vol. and less than 14 % vol. 

(6) 

Bitter soda: 

Aromatised wine-based drink 

–  which is obtained from "bitter vino" the content of which in the finished product 

must not be less than 50 % by volume, 

–  to which CO2 or carbonated water has been added and, 
–  which has an actual alcoholic strength by volume of not less than 8 % vol., and 

less than 10,5 % vol.. 

–  The use of the word «bitter» in this context shall be without prejudice to its use to 

define products which do not fall within the scope of this Regulation; 

(7) 

Kalte Ente: 

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Aromatised wine-based drink 

–  which  is  obtained  by  mixing  wine,  semi-sparkling  wine  or  semi-sparkling  wine 

with added CO2 with sparkling wine or sparkling wine with added CO2, 

–  to which natural lemon substances or extracts thereof has been added, 
–  to which no alcohol has been added, 
–  which has an actual alcoholic strength by volume of not less than 7 % vol.. 

–  The finished product must contain not less than 25 % by volume of the sparkling 

wine or sparkling wine with added CO2. 

(8) 

Glühwein: 

Aromatised wine-based drink 

–  which is obtained exclusively from red or white wine, 
–  which is flavoured mainly with cinnamon and/or cloves, 
–  to which no alcohol has been added 
–  which has an actual alcoholic strength by volume of not less than 7 % vol.. 

Without prejudice to the quantities of water resulting from recourse to Annex I (5), 
the addition of water is forbidden. 

Where  it  has  been  prepared  from  white  wine,  the  sales  denomination  «Glühwein» 
must be supplemented by the words «white wine»; 

(9) 

ViiniglögiVinglögg 

Aromatised wine-based drink 

–  which is obtained exclusively from red or white wine, 
–  which is flavoured mainly with cinnamon and/or cloves, 
–  to which no alcohol has been added, 
–  which has an actual alcoholic strength by volume of not less than 7 % vol.. 

Where 
«ViiniglögiVinglögg» must be supplemented by the words «white wine». 

it  has  been  prepared 

from  white  wine, 

the  sales  denomination 

(10)  Maiwein: 

Aromatised wine-based drink 
–  which  is  obtained  from  wine  in  which  Asperula  odorata  L.  plants  or  extracts 
thereof has been added  so  as  to  ensure a predominant taste of  Asperula odorata 
L., 

–  to which no alcohol has been added, 
–  which has an actual alcoholic strength by volume of not less than 7 % vol.. 

(11)  Maitrank: 

Aromatised wine-based drink 

–  which is obtained from white wine in which Asperula odorata L. plants have been 
macerated or to which extracts of Asperula odorata L. have been added with the 
addition of oranges and/or other fruits, possibly in the form of juice, concentrated 
or extracts, and with maximum 5 % sugar sweetening, 

–  to which no alcohol has been added, 

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–  which has an actual alcoholic strength by volume of not less than 7 % vol.. 

(12) 

Pelin: 

Aromatised wine-based drink 

–  which is obtained from red or white wine, grape must concentrate, grape juice (or 

beet sugar) and specific mixture of herbs, 

–  to which no alcohol has been added, 
–  which has an actual alcoholic strength by volume of not less than 8.5 % vol. and, 
–  which has a sugar content expressed as invert sugar of 45-50 grams per litre, and a 

total acidity of not less than 3 grams per litre expressed as tartaric acid. 

C. 

SALES  DENOMINATIONS  AND  DESCRIPTIONS  OF  AROMATISED 
WINE-PRODUCT COCKTAILS 

(1) 

Aromatised wine-product cocktail 

Product complying with the definition set out in Article 2(4). 

The  use  of  the  term  «cocktail»  in  this  connection  is  without  prejudice  to  its  use  to 
define products which do not fall within the scope of this Regulation. 

(2) 

Wine-based cocktail: 

Aromatised wine-product cocktail 

–  in which the proportion of concentrated grape must does not exceed 10 % of the 

total volume of the finished product, 

–  which has an actual alcoholic strength by volume less than 7 % vol. and, 
–  in  which  the  sugar  content,  expressed  as  invert  sugar,  is  less  than  80  grams  per 

litre. 

(3) 

Aromatised semi-sparkling grape-based cocktail: 

Aromatised wine-product cocktail 

–  which is obtained exclusively from grape must, 
–  which has an actual alcoholic strength by volume less than 4 % vol. and, 
–  which  contains  carbon  dioxide  obtained  exclusively  from  fermentation  of  the 

products used. 

(4) 

Wine cocktail: 

Aromatised wine-product cocktail, which is mixed with sparkling wine. 

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ANNEX III 

CORRELATION TABLE 

Regulation (EEC) No 1601/91 

This Regulation 

Article 1 

Article 1 

Article 2(1) to (4) 

Article 2 and Annexe II  

Article 2(5) 

Article 2(6) 

Article 2(7) 

Article 3 

Article 4 

Article 4(4) 

Article 5 

Article 6(1) 

Article 6(2)a) 

Article 6(2)b) 

Article 6(3) 

Article 6(4) 

Article 7(1) and (3) 

Article 7(2) 

Article 8(1) 

Article 8(2) 

Article 8(3) 

_ 

Article 5(1) 

Article 5(2) 

Articles 9 and 35 

Article 3(1) and Annex I 

Article 3(1) and Annex I 

Article 3(3) 

Article 3(2)  

Article 4(1) and (2) 

Article 4(4) 

Article 21 

Article 4(5) 

Article 8 

_ 

Article 4(3) 

_ 

Article 4(1) and (2) 

Article 5(3) 

Article 6 

Article 8(4), first and second paragraphs 

_ 

Article 8(4) third paragraph 

Annex I (3), third paragraph 

Article 8(4a) 

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Article 8(5) to (8) 

Article 8(9) 

Article 9 

Article 10 

Article 10a 

Article 11 

Article 7 

_ 

Article 32 

Article 12 

Articles 10 to 31 

_ 

Articles 12 to 15 

Articles 33 to 35 

_ 

Article 16 

Article 17 

Annex I 

Annex II 

Article 36 

Article 37 

Article 38 

Annex I (3) second paragraph 

/ 

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1. 

2. 

3. 

4. 

5. 

5.0 

Fiche Fin /11/465131 
RVDE/cc 
6.10.2011.1 
DATE: 14/04/2011  
APPROPRIATIONS: 
1143.7 mio € 

FINANCIAL STATEMENT 

BUDGET HEADING: 
05 02 09 
TITLE: Proposal for a Regulation of the European Parliament and of the Council of XXX on the 
definition, description, presentation, labelling and the protection of geographical indications of 
aromatised wine products. 

LEGAL BASIS: 
Art . 43(2) and art 114 of the Treaty 
AIMS: 
To establish a juridical framework for the definition and presentation of aromatised wine products. 
FINANCIAL IMPLICATIONS 

12 MONTH 
PERIOD 

CURRENT 
FINANCIAL 
YEAR 
2011 
 (EUR million) 
- 

FOLLOWING 
FINANCIAL 
YEAR 
2012 
(EUR million) 
- 

CHARGED TO THE EC BUDGET 

EXPENDITURE 
- 
(REFUNDS/INTERVENTIONS) 
- 
- 

NATIONAL AUTHORITIES 
OTHER 

(EUR million) 
- 

5.1  REVENUE 

- 

- 

- 

OWN RESOURCES OF THE EC  

- 
(LEVIES/CUSTOMS DUTIES) 
NATIONAL 
- 

5.0.1  ESTIMATED EXPENDITURE 
5.1.1  ESTIMATED REVENUE 
5.2  METHOD OF CALCULATION: 

- 

2013 
- 
- 

2014 
- 
- 

2015 
- 
- 

2016 
- 
- 

6.0  CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE 

YES NO 

RELEVANT CHAPTER OF THE CURRENT BUDGET? 

6.1  CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF 

YES NO 

THE CURRENT BUDGET? 

6.2  WILL A SUPPLEMENTARY BUDGET BE NECESSARY? 
6.3  WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? 

YES NO 
YES NO 

OBSERVATIONS : The present regulation has no budgetary implications. 

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