Source: EURLEX
Language: en
Format: md

1991R1601 — EN — 02.11.1996 — 004.001 — 1

**This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents**

**►B** **COUNCIL REGULATION (EEC) No 1601/91**

**of 10 June 1991**

**laying down general rules on the definition, description and presentation of aromatized wines,**
**aromatized wine-based drinks and aromatized wine-product cocktails**

(OJ L 149, 14.6.1991, p. 1)

Amended by:

Official Journal

No page date

**►M1** Council Regulation (EEC) No 3279/92 of 9 November 1992 L 327 1 13.11.1992

**►M2** Regulation (EC) No 3378/94 of the European Parliament and of the L 366 1 31.12.1994
Council of 22 December 1994

**►M3** Regulation (EC) No 2061/96 of the European Parliament and of the L 277 1 30.10.1996
Council of 8 October 1996

Amended by:

**►A1** Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994

(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995

Corrected by:

**►C1** Corrigendum, OJ L 257, 14.9.1991, p. 48 (1601/91)

**►C2** Corrigendum, OJ L 310, 12.11.1991, p. 16 (1601/91)

1991R1601 — EN — 02.11.1996 — 004.001 — 2

- **B**

**COUNCIL REGULATION (EEC) No 1601/91**

**of 10 June 1991**

**laying down general rules on the definition, description and presen-**
**tation of aromatized wines, aromatized wine-based drinks and**
**aromatized wine-product cocktails**

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 43 and 100a thereof,

Having regard to the proposal from the Commission ( [1] ),

In cooperation with the European Parliament ( [2] ),

Having regard to the opinion of the Economic and Social
Committee ( [3] ),

Whereas there are at present no specific Community rules governing
aromatized wines, aromatized wine-based drinks and aromatized wineproduct coktails hereinafter called ‘aromatized drinks’, in particular
with regard to the difinition of such drinks and the requirements
concerning their description and presentation; whereas, given the
economic importance of these drinks, it is necessary, in order to assist
the functioning of the common market, to lay down common provisions on this subject;

Whereas these aromatized drinks constitute a major outlet for Community agriculture; whereas this outlet is largely the result of the
reputation which certain of these drinks have acquired throughout the
Community and on the world market; whereas this reputation can be
attributed to the quality of the drinks in question; whereas a certain
quality standard should therefore be maintained for the drinks in question if this outlet is to be preserved; whereas the appropriate means of
maintaining this quality standard is to define the said drinks, taking
into account the traditional practices on which their reputation is based;
whereas, moreover, the terms thus defined should be used only for
drinks of the same quality as traditional drinks so as to prevent their
being devalued;

Whereas it is appropriate that an appropriate framewerok be created for
aromatized drinks which are composed for the major part of wine or
musts, while allowing for development and innovation as regards such
drinks; whereas this objective can be achieved the more easily by
creating three categories of drinks on the basis of their wine content,
alcoholic strength and whether or not alcohol has been added to them;

Whereas it is appropriate that Community rules should reserve, for
certain territories, the use of geographical ascriptions referring thereto,
provided that the stages of production during which the finished
product acquires its characteristics and definitive properties are
completed in the geographical area in question;

Whereas the customary means of informing the consumer is to include
certain information on the label; whereas the labelling of aromatized
drinks is subject to the general rules laid down in Council Directive
79/112/EEC of 18 December 1978 on the approximation of the laws
of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer ( [4] ), as last
amended by Directive 89/395/EEC ( [5] ); whereas, in view of the nature
of the drinks in question and so that the consumer may have fuller
information, provisions additional to these general rules should be
adopted;

( [1] ) OJ No C 269, 25. 10. 1986, p. 15.
( [2] ) OJ No C 127, 14. 5. 1984, p. 185 and
OJ No C 129, 20. 5. 1991.
( [3] ) OJ No C 124, 9. 5. 1983, p. 16.
( [4] ) OJ No L 33, 8. 2. 1979, p. 1.
( [5] ) OJ No L 186, 30. 6. 1989, p. 17.

1991R1601 — EN — 02.11.1996 — 004.001 — 3

- **B**

Whereas, in the mind of the consumer, the reputation of certain aromatized drinks is closely linked to a traditional origin; whereas, in order to
ensure that the consumer is appropriately informed and to take account
of these specific cases, it is appropriate to make it compulsory to indicate the origin in cases where the drink does not come from the
traditional region of production;

Whereas, in order to enable appropriate information to be given on the
composition of the drink, certain labelling rules relating to the nature of
the alcohol used should be adopted;

Whereas Council Directive 80/778/EEC of 15 July 1980 relating to the
quality of water intended for human consumption ( [1] ), as last amended
by Directive 81/858/EEC ( [2] ), and 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 waters ( [3] ),
as last amended by Directive 85/7/EEC ( [4] ), lay down the characteristics
of the water which may be used in foodstuffs; whereas reference
should be made thereto;

Whereas Council Directive 88/388/EEC of 22 June 1988 on the
approximation of the laws of the Member States relating to flavourings
for use in foodstuffs and to source materials for their production ( [5] )
puts forward definitions of various terms liable to be used in connection with flavouring; whereas the same terminology should be used in
this Regulation;

Whereas specific provisions should be adopted concerning description
and presentation for imported aromatized drinks, bearing in mind the
Community's commitmets in its relations with third countries;

Whereas, in order to defend the reputation of Community aromatized
drinks on the world market, the same rules should be extended to
exported drinks, except where there are contrary provisions, bearing in
mind traditional habits and practices;

Whereas it is preferable to act by way of a Regulation in order to
ensure the uniform and simultaneous implementation of the measures
in question;

Whereas, in order to simplify and expedite the procedure, the Commission should be instructed to adopt implementing measures of a
technical nature; whereas, for this purpose, provision should be made
for a procedure whereby the Member States and the Commission can
cooperate closely within an Implementation Committee;

Whereas transitional measures are necessary to facilitate the dangeover
to the system intoduced by this Regulation,

HAS ADOPTED THIS REGULATION:

_Article 1_

This Regulation lays down the general rules on the definition, description and presentation of aromatized wines, aromatized wine-based
drinks and aromatized wine-product cocktails.

( [1] ) OJ No L 229, 30. 8. 1980, p. 11.
( [2] ) OJ No L 319, 7. 11. 1981, p. 19.
( [3] ) OJ No L 229, 30. 8. 1980, p. 1.
( [4] ) OJ No L 2, 3. 1. 1985, p. 22.
( [5] ) OJ No L 184, 15. 7. 1988, p. 61.

1991R1601 — EN — 02.11.1996 — 004.001 — 4

- **B**

_Article 2_

1. For the purposes of this Regulation:

(a) aromatized wine shall mean:

a drink:

- **M3**

— obtained from one or more of the wine products defined in
points 5 and 12 to 18 of Annex I to Regulation (EEC) No 822/
87 ( [1] ), including the quality wines produced in specific regions
defined in Article 1 (2) of Regulation (EEC) No 823/87 ( [2] ) and
with the exception of retsina table wine, possibly with added
grape must and/or grape must in fermentation,

- **B**

— to which alcohol has been added as defined in Article 3 (d), and

— which has been flavoured with the aid of:

— natural flavouring substances and/or natural flavouring
preparations as defined in Article 1 (2) (b) (i) and (c) of
Directive 88/388/EEC. Without prejudice to the more
restrictive provisions in paragraph 2, the use of substances
and preparations identical to natural substances and preparations, as defined in Article 1 (2) (b) (ii) of that Directive,
may be authorized in certain cases and under certain conditions, in accordance with the procedure laid down in Article
14, and/or

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

— which has generally been sweetened and, subject to the exceptions provided for in paragraph 2, has possibly been coloured
with caramel,

— which has a minimum actual alcoholic strength by volume of
14,5 % vol or more 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 or more; however, for those
products which, pursuant to paragraph 5, bear the description
‘dry’ or ‘extra dry’, the minimum total alcoholic strength by
volume shall be set at 16 % vol and 15 % vol respectively.

- **M3**

The wine and/or fresh grape musts with fermentation arrested by
the addition of alcohol, used in the preparation of an aromatized
wine must be present in the finished product in a proportion of
not less than 75 %. Article 5 notwithstanding, the minimum natural
alcoholic strength by volume of the products used shall be that
provided for in Article 18 (1) of Regulation (EEC) No 822/87.

- **B**

The description ‘aromatized wine’ may be replaced by ‘wine-based
aperitif’. The use of the term ‘aperitif’ in this connection is without
prejudice to the use of the term to define products which do not fall
within the scope of this Regulation;

(b) aromatized wine-based drink shall mean:

a drink

- **M3**

— obtained from one or more of the wines defined in points 11 to
13 and 15 to 18 of Annex I to Regulation (EEC) No 822/87,
including the quality wines produced in specified regions
defined in Article 1 (2) of Regulation (EEC) No 823/87 and
with the exception of wines produced with the addition of
alcohol and retsina table wine, possibly with added grape must
and/or partially fermented grape must,

( [1] ) OJ L 84, 27. 3. 1987, p. 1. Regulation as last amended by Regulation (EC)
No 1544/95 (OJ No L 148, 30. 6. 1995, p. 31).
( [2] ) OJ No L 84, 27. 3. 1987, p. 59. Regulation as last amended by Regulation
(EC) No 3011/95 (OJ No L 314, 28. 12. 1995, p. 14).

1991R1601 — EN — 02.11.1996 — 004.001 — 5

- **B**

— which has been flavoured with the aid of:

— natural flavouring substances and/or natural flavouring
preparations and/or substances or preparations identical
thereto as defined in Article 1 (2) (b) (i) and (ii) and (c) of
Directive 88/388/EEC; the use of artificial substances as
defined in Article 1 (2) (b) (iii) of that Directive may be
authorized in certain cases and under certain conditions, in
accordance with the procedure laid down in Article 14,
and/or

— aromatic herbs and/or spices and/or flavouring foodstuffs,
— which has possibly been sweetened,
— to which no alcohol has been added, subject to the exceptions
referred to in the product definition given in this Regulation or
decided upon in accordance with the procedure laid down in
Article 14,

— which has an actual alcoholic strength by volume of 7 % vol or
more and less than 14,5 % vol.

The wines used in the preparation of an aromatized wine-based
drink must be present in the finished product in a proportion of
not less than 50 %. Without prejudice to Article 5, the minimum
natural alcoholic strength by volume of the products used shall be
that provided for in Article 18 (1) of Regulation (EEC) No 822/87;

(c) aromatized wine-product cocktail

shall mean a drink:

— obtained from wine and/or grape must:

— which has been flavoured with the aid of:

— natural flavouring substances and/or natural flavouring
preparations and/or substances or preparations identical
thereto as defined in Article 1 (2) (b) (i), (ii) and (c) of
Directive 88/388/EEC; the use of artificial substances as
defined in Article 1 (2) (b) (iii) of that Directive may be
authorized in certain cases and under certain conditions, in
accordance with the procedure laid down in Article 14,
and/or

aromatic herbs and/or spices and/or flavouring foodstuffs,
— has has possibly been sweetened and possibly been coloured,
— to which no alcohol has been added,

- **C2**

— which has an actual alcoholic strength by volume of less than
7 % vol.

- **B**

The wine and/or grape must used in the preparation of an aromatized wine-product cocktail must be present in the finished
product in a proportion of not less than 50 %. Without prejudice
to Article 5, the minimum natural alcoholic strength by volume of
the products used shall be that provided for in Article 18 (1) of
Regulation (EEC) No 822/87.

Specific descriptions may be decided upon in accordance with the
procedure laid down in Article 13.

The use of the term ‘cocktail’ in this connection shall be without
prejudice to its use to define products which do not fall within the
scope of this Regulation.

2. Definition of the various categories of aromatized wine the
description of which may replace ‘aromatized wine’:

(a) _Vermouth:_

aromatized wine which has been prepared from wine as referred to
in paragraph 1 (a), the characteristic taste of which is obtained by
the use of appropriate derived substances, in particular of the Artemisia species, which must always be used; this drink may be
sweetened only by means of caramelized sugar, sucrose, grape
must, rectified concentrated grape must and concentrated grape
must.

1991R1601 — EN — 02.11.1996 — 004.001 — 6

- **B**

(b) _Bitter aromatized wined:_

aromatized wine with a characteristic bitter flavour. The description
‘bitter aormatized wine’ shall be followed by the name of the main
bitter-flavouring substance, without prejudice to Article 8 (3).

The following expressions, or equivalent expressions in other official languages of the Communities, may be used to supplement or
replace this description:

— ‘Quinquina wine’, where the main flavouring is natural quinine
flavouring,

— ‘Bitter vino’, where the main flavouring is natural gentian
flavouring and the drink 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,

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

(c) _Egg-based aromatized wine:_

Aromatized wine 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 aromatized 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
aromatized 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.

- **A1**

(d) _Väkevä viiniglögi — Starkvinsglögg:_

An aromatized wine which has been prepared from wine as
referred to in paragraph 1 (a), the characteristic taste of which is
obtained by the use of cloves and/or cinnamon which must always
be used together with other spices; this drink may be sweetened
according to Article 3 (a).

- **B**

3. Definitions of the various categories of aromatized wine-based
drinks the description of which may:

— replace the description ‘aromatized wine-based drink’ in the
Member State of production,

— be used to supplement ‘aromatized wine-based drink’ in the other
Member States:

- **M1**

(a) _Sangria:_

a drink obtained from wine:

— aromatized with the addition of natural citrus-fruit extracts

or essences,

— with or without the juice of such fruit,

— possibly:

— with added spices,

— sweetened,

— with added CO 2,

and having an acquired alcoholic strength by volume of less
than 12 % vol;

1991R1601 — EN — 02.11.1996 — 004.001 — 7

- **B**

(b) _Clarea:_

a drink obtained from white wine under the same conditions as
in (a).

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 ‘aromatized wine-based drink’ only where the drink is manufactured
in Spain;

(c) _Zurra:_

a drink obtained by adding brandy or wine spirits as defined in
Regulation (EEC) No 1576/89 ( [1] ) to the drinks defined in (a)
and (b), possibly with the addition of pieces of fruit. The actual
alcoholic strength by volume must be 9 % vol or more and less
than 14 % vol;

(d) _Bitter soda:_

an aromatized drink obtained from bitter vino the content of
which in the finished product must not be less than 50 % by
volume, with added CO 2 or carbonated water and possibly the
same colourants as bitter vino. The actual alcoholic strength by
volume must be 8 % vol or more and less than 10,5 % vol. 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;

- **M1**

(e) _Kalte Ente:_

an aromatized wine-based drink obtained by mixing wine,
semi-sparkling wine or semi-sparkling wine with added CO 2
with sparkling wine or sparkling wine with added CO 2, and
adding natural lemon substances or extracts thereof

    - **M3**    - . The finished product must contain not
less than 25 % by volume of the sparkling wine or sparkling
wine with added CO 2 ;

- **B**

(f) _Glühwein:_

    - **M3** An aromatized drink obtained exclusively from red or
white wine, flavoured mainly with cinnamon and/or cloves;
without prejudice to the quantities of water resulting from
recourse to Article 3 (a), the addition of water is forbidden ◄.
Where it has been prepared from white wine, the sales description ‘Glühwein’ must be supplemented by the words ‘white
wine’;

- **A1**

(f)a _Viiniglögi — Vinglögg:_

    - **M3** An aromatized drink obtained exclusively from red or
white wine, flavoured mainly with cinnamon and/or cloves ◄.
Where it has been prepared from white wine, the sales description ‘Viiniglögi — Vinglögg’ must be supplemented by the
words ‘white wine’;

- **B**

(g) _Maiwein:_

an aromatized drink obtained from wine with added _asperula_
_odorata_ plants or extracts thereof so as to ensure a predominant taste of _asperula odorata;_

(h) _Maitrank:_

an aromatized drink obtained from dry white wine in which
_asperula odorata_ plants have been macerated or to which
extracts of _asperula odorata_ have been added, with the addi

( [1] ) OJ No L 160, 12. 6. 1989, p. 1.

1991R1601 — EN — 02.11.1996 — 004.001 — 8

- **B**

tion of oranges and/or other fruits, possibly in the form of
juice, concentrated or extracts, and with maximum 5 % sugar
sweetening;

(i) _Other definitions:_

other definitions shall be adopted in accordance with the procedure laid down in Article 13.

4. Definition of the categories of aromatized wine-product cocktails
the description of which may:

— replace the description ‘aromatized wine-product cocktail’ in the
State of production,
— be used to supplement ‘aromatized wine-product cocktail’ in the
other Member States;

(a) _Wine-based cocktail:_

an aromatized drink in which:

— the proportion of concentrated grape must does not exceed
10 % of the total volume of the finished product,
— the sugar content, expressed as invert sugar, is less than 80
grams per litre;

(b) _Aromatized semi-sparkling grape-based cocktail:_

a drink:

— prepared exclusively from grape must,
— the actual alcoholic strength by volume of which is less than
4 % vol,

— containing carbon dioxide obtained exclusively from
fermentation of the products used;

(c) _Other definitions:_

other definitions shall be adopted in accordance with the procedure laid down in Article 13.

5. The descriptions referred to in paragraphs 1 (a) and (b), 2 and 3
may also include the following particulars, with the sugar content indicated in each respective subparagraph being expressed as invert sugar:

(a) ‘extra-dry’: in the case of products with a sugar ► **C1** content of
less than 30 grams ◄ per litre;

(b) ‘dry’: in the case of products with a sugar content of less than 50
grams per litre;

(c) ‘semi-dry’: in the case of products with a sugar content of between
50 and 90 grams per litre;

(d) ‘semi-sweet’: in the case of products with a sugar content of
between 90 and 130 grams per litre;

(e) ‘sweet’: in the case of products with a sugar content of more than
130 grams per litre.

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

6. Where the sales description of aromatized wine-based drinks
includes the term ‘sparkling’, the quantity of sparkling wine used
must be not less than 95 %.

7. Detailed rules for the application of this Article shall be adopted
in accordance with the procedures laid down in Article 14.

_Article 3_

**Subsidiary definitions**

For the purposes of this Regulation:

(a) ‘sweetening’ shall mean:

using one or more of the following products in the preparation of
aromatized wines, aromatized wine-based drinks and aromatized
wine-product cocktails:

1991R1601 — EN — 02.11.1996 — 004.001 — 9

- **B**

semi-white sugar, white sugar, refined white sugar, dextrose, fructose, glucose syrup, liquid sugar, invert liquid sugar, invert sugar
syrup, rectified concentrated grape must, concentrated grape must,
fresh grape must, burned sugar, honey, carob syrup, or other natural
carbohydrate substances having a similar effect to the above
products.

‘Burned sugar’ means the product obtained exclusively from the
controlled heating of sucrose without bases, mineral acids or other
chemical additives;

(b) ‘flavouring’ shall mean:

using one or more of the flavourings defined in Article 1 (2) (a) of
Directive 88/388/EEC and/or aromatic herbs and/or spices and/or
flavouring foodstuffs in the preparation of aromatized wines,
aromatized wine-based drinks and aromatized wine-product cocktails.

Addition of such substances confers on the final product organoleptic characteristics other than those of wine;

(c) ‘colouring’ shall mean:

using one or more colorants in the preparation of aromatized wines
or aromatized wine-product cocktails;

(d) ‘adding alcohol’ shall mean:

using one or more of the following products in the preparation of
aromatized wines and, where appropriate, aromatized wine-based
drinks:

— ethyl alcohol of viticultural origin,

— wine alcohol or dried grape alcohol,
— ethyl alcohol of agricultural origin,
— wine distillate or dried grape distillate,
— distillate of agricultural origin,
— wine spirit or grape-marc spirit,
— dried grape spirit,

which comply with the characteristics laid down by Community
provisions, in particular, the characteristics of ethyl alcohol must
comply with those set out in Annex I;

(e) ‘actual alcoholic strength by volume’ shall mean:

the number of volumes of pure alcohol at 20º C contained in 100
volumes of the product at the same temperature;

(f) ‘potential alcoholic strength by volume’ shall mean:

the number of volumes of pure alcohol at 20 ºC which would be
produced by total fermentation of the sugar contained in 100
volumes of the product at the same temperature;

(g) total alcoholic strength by volume' shall mean:

the sum of the actual and potential alcoholic strengths by volume;

(h) ‘natural alcoholic strength by volume’ shall mean:

the total alcoholic strength by volume of the product before any
enrichment.

_Article 4_

1. For the drinks referred to in this Regulation the list of authorized
food additives, the directions for their use and the products concerned
shall be determined in accordance with the procedure laid down in
Directive 89/107/EEC ( [1] ).

2. For the preparation of these drinks, the addition of water, possibly
distilled or demineralized, shall be authorized provided that the quality
of the water conforms to the national provisions adopted pursuant to

( [1] ) OJ No L 40, 11. 2. 1989, p. 27.

1991R1601 — EN — 02.11.1996 — 004.001 — 10

- **B**

Directives 90/777/EEC and 80/778/EEC and that the water added does
not change the nature of the drink.

3. Ethyl alcohol used to dilute or dissolve colorants, flavourings or
any other authorized additives used in the preparation of the said
aromatized products must be of agricultural origin and be used in the
dose strictly necessary to dilute or dissolve colorants, flavourings or
any other authorized additive.

4. Detailed rules, including the methods to be used for analysing the
products covered by this Regulation, shall be adopted in accordance
with the procedure laid down in Article 13.

- **M3**

_Article 5_

1. The oenological processes and practices laid down in accordance
with Regulation (EEC) No 822/87 shall apply to the wines and musts
which are included in the composition of the products listed in Article
1.

2. The processes for products being prepared for the purpose of
obtaining one of the finished products referred to in this Regulation
shall be established in accordance with the procedure laid down in
Article 14.

- **B**

_Article 6_

1. The use of the descriptions referred to in Article 2 and in this
Article shall be restricted to the drinks defined therein, account being
taken of the requirements laid down in Articles 2 and 4. The descriptions in question must be used to describe the said drinks in the
Community.

Drinks which do not meet the requirements laid down for the drinks
defined in Article 2 may not bear the descriptions assigned to the latter
therein.

2. (a) The geographical designations listed in Annex II may replace
the descriptions referred to in paragraph 1 or supplement them,
forming composite descriptions.

(b) These geographical designations shall be reserved for drinks in
respect of which the production stage during which they
acquired their character and definitive qualities took place in
the geographical area indicated, provided that the consumer is
not misled as to the raw material used.

3. The sales descriptions referred to in paragraph 1 may not be
supplemented by geographical ascriptions allowed for wine products.

4. Member States may apply specific national rules on production,
movement within a Member State, description and presentation of the
drinks referred to in Annex II manufactured within their territories, in
so far as such rules are compatible with Community law.

_Article 7_

1. The sales description of aromatized drinks containing wine
products and flavourings and with a minimum alcohol strength by
volume of 1,2 % vol which do not comply with this Regulation shall
contain no reference to wine-sector products.

2. Aromatized drinks which do not comply with this Regulation may
not be marketed for human consumption by associating words or
phrases such as ‘like’, ‘type’, ‘style’, ‘make’, ‘flavour’ or any other
similar indications with any of the descriptions mentioned in this Regulation.

3. At the latest six months following the entry into force of this
Regulation, the Commission shall present to the Council an appropriate
proposal concerning aromatized drinks which contain wine-sector

1991R1601 — EN — 02.11.1996 — 004.001 — 11

- **B**

products, are obtained by adding alcohol and which are not covered by
this Regulation.

Use of the words used to describe drinks known as ‘wine cooler’ shall

be authorized for such drinks until the Council has taken a decision on
the aforementioned proposal.

_Article 8_

1. In addition to complying with national rules adopted in accordance with Directive 79/112/EEC, the labelling, presentation and
advertising of the drinks referred to in Article 2 shall comply with
this Article.

2. The sales description of the products referred to in Article 2 shall
be one of the descriptions to be used exclusively for such products
under Article 6.

3. The descriptions referred to in Article 2 may be supplemented by
a reference to the main flavouring used.

4. Where the alcohol used in the manufacture of the drinks covered
by this Regulations comes from one sole raw material (for example,
solely wine alcohol, molasses alcohol or grain alcohol), the nature of
the alcohol may be indicated on the label.

Should the alcohol come from several raw materials, no special indication relating to the nature of the alcohol shall appear on the label.

Ethyl alcohol used in the preparation of drinks covered by this Regulation to dilute or dissolve colorants, flavourings or any other authorized
additives shall not be regarded as an ingredient.

- **M1**

4a. As from 1 January 1993, bottled products covered by this Regulation may not be held with a view to sale or placed on the market in
containers fitted with closing devices covered by lead-based capsules
or foil. However, the disposal of products in bottles fitted before that
date with such capsules or foil shall be authorized until stocks are
used up.

- **B**

5. The geographical designations listed in Annex II may not be
translated.

6. The particulars provided for in this Regulation shall be given in
one or more official languages of the Community in such a way that
the final consumer can readily understand each item, unless purchasers
are provided with the information by other means.

7. In the case of drinks originating in third countries, use of an official language of the third country in which the product has been made
shall be authorized if the particulars provided for in this Regulation are
also given in an official language of the Community in such a way that
the final consumer can readily understand each item.

8. Without prejudice to Article 11, in the case of drinks originating
in the Community and intended for export, the particulars provided for
in this Regulation may be repeated in another language; this does not
apply to the designations referred to in paragraph 5.

9. In the case of the drinks referred to in Article 2, the following
may be determined in accordance with the procedure laid down in
Article 13:

(a) the special provisions governing the use of terms referring to a
certain property of the product, such as its history or the method
by which it is prepared;

(b) the rules governing the labelling of products in containers not
intended for the final consumer.

1991R1601 — EN — 02.11.1996 — 004.001 — 12

- **B**

_Article 9_

1. Member States shall take the measures necessary to ensure that
Community provisions relating to aromatized wines, aromatized winebased drinks and aromatized wine-product cocktails are complied with.
They shall appoint one or more agencies to monitor compliance with
these provisions.

In the case of the drinks listed in Annex II, it may be decided in accordance with the procedure laid down in Article 13 that such supervision
and protection shall be effected, for the purposes of movement within
the Community, by means of commercial documents verified by the
administration and by the keeping of appropriate registers.

2. For drinks listed in Annex II which are exported, a system of
authentication documents to eliminate fraudulent practices and counterfeits may be established in accordance with the procedure laid down in
Article 13.

If the system referred to in the first subparagraph is not introduced, the
Member States shall implement their own authentication systems,
provided that these comply with Community rules.

3. The Council, acting by a qualified majority on a proposal from
the Commission, shall adopt the necessary measures for the uniform
application of Communitys provisions in the aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails sector,
particularly with regard to controls and relations between the competent bodies of the Member States.

4. Member States and the Commission shall communicate to each
order the information necessary for implementing this Regulation.
Detailed rules for the communication and dissemination of such information shall be adopted in accordance with the procedure laid down in
Article 13.

_Article 10_

In order to be marketed for human consumption within the Community,
imported drinks defined by this Regulation and bearing a geographical
ascription may, subject to reciprocal arrangements, qualify for the
supervision and protection referred to in the second subparagraph of
Article 9 (1).

The first subparagraph shall be implemented by agreements to be negotiated and concluded with the third countries concerned under the
procedure laid down in Article 113 of the Treaty.

The implementing rules and the list of products referred to in the first
subparagraph shall be adopted in accordance with the procedure laid
down in Article 14.

- **M2**

_Article 10a_

1. Member States shall adopt all measures necessary to permit those
concerned to prevent, under the conditions laid down in Articles 23 and
24 of the Agreement on Trade-Related Aspects of Intellectual Property
Rights, the use within the Community of a geographical designation
identifying products covered by this Regulation for products which do
not originate in the place referred to by the geographical designation in
question, including in cases where the actual origin of the product is
indicated or where the geographical designations given in translation
or accompanied by expressions such as ‘like’, ‘type’, ‘style’, ‘imitation’ or other.

For the purposes of this Article, ‘geographical designation’ shall mean
any indication identifying a product as originating in the territory of a
third country which is a member of the World Trade Organization, or
in a region or locality of that territory, where a quality, reputation or
other specific characteristic of that product can essentially be attributed
to that geographical origin.

1991R1601 — EN — 02.11.1996 — 004.001 — 13

- **M2**

2. Paragraph 1 shall apply notwithstanding Article 10 of this Regulation and other provisions of Community legislation laying down rules
for the description and presentation of products covered by this Regulation.

3. Detailed rules for the application of this Article, where necessary,
shall be adopted in accordance with the procedure laid down in Article
14.

- **B**

_Article 11_

Other than in the case of exceptions to be decided in accordance with
the procedure laid down in Article 13, aromatized wines, aromatized
wine-based drinks and aromatized wine-product cocktails intended for
export must comply with the provisions of this Regulation.

_Article 12_

1. An Implementation Committee for the drinks covered by this
Regulation, hereinafter referred to as the ‘Committee’, shall be set up,
consisting of representatives of the Member States and chaired by a
representative of the Commission.

2. Within the Committee the votes of Member States shall be
weighted in accordance with Article 148 (2) of the Treaty. The
chairman shall not vote.

_Article 13_

1. Where the procedure laid down in this Article is to be followed,
the chairman shall refer the matter to the Committee either on his own
initiative or at the request of the representative of a Member State.

- **A1**

2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shall
deliver its opinion on the draft within a time limit which the Chairman
may lay down according to the urgency of the matter. The opinion
shall be delivered by the majority laid down in Article 148 (2) of the
Treaty in the case of decisions which the Council is required to adopt
on a proposal from the Commission. The votes of the representatives of
the Member States within the Committee shall be weighted in the
manner set out in that Article. The Chairman shall not vote.

- **B**

3. The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the
opinion of the Committee, they shall forthwith be communicated by
the Commission to the Council. In that event, the Commission may
defer application of the measures for one month from the date of
communication.

The Council, acting by a qualified majority, may take a different decision within one month.

_Article 14_

1. Where the procedure laid down in this Article is to be followed,
the chairman shall refer the matter to the Committee either on his own
initiative or at the request of the representative of a Member State.

2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shall
deliver its opinion on the draft within a time limit which the chairman
may lay down according to the urgency of the matter. The opinion
shall be delivered by the majority laid down in Article 148 (2) of the
Treaty in the case of decisions which the Council is required to adopt
on a proposal from the Commission. The votes of the representatives of
the Member States within the Committee shall be weighted in the
manner set out in that Article. The chairman shall not vote.

1991R1601 — EN — 02.11.1996 — 004.001 — 14

- **B**

3. (a) The Commission shall adopt the measures envisaged if they are
in accordance with the opinion of the Committee.

(b) If the measures envisaged are not in accordance with the opinion
of the Committee, or if no opinion is delivered, the Commission
shall without delay submit to the Council a proposal relating to
the measures to be taken. The Council shall act by a qualified
majority.

If, on the expiry of three months as from the date of referral to the
Council, the Council has not acted, the proposed measures shall be
adopted by the Commission.

_Article 15_

The Committee may consider any other question referred to it by its
chairman, either on his own initiative or at the request of the representative of a Member State.

_Article 16_

1. In order to facilitate the changeover from the present arrangements to those introduced by this Regulation, transitional measures
shall be adopted in accordance with the procedure laid down in Article
13.

2. Such transitional measures shall be applicable for not more than
two years from the date of implementation of this Regulation.

_Article 17_

This Regulation shall enter into force on the third day following its
publication in the _Official Journal of the European Communities_ .

It shall apply from 17 December 1991 with the exception of Articles
12 to 15, which shall apply as from the entry into force of this Regulation. However, drinks produced and labelled before that date may be
disposed of until stocks run out.

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

- **B**

1991R1601 — EN — 02.11.1996 — 004.001 — 15

_ANNEX I_

**Characteristics of ethyl alcohol as referred to in Article 3 (d)**

1. Organoleptic characteristics: No detectable taste other
than that of the raw

material

2. Minimum alcoholic strength by volume: 96,0 % vol

3. Maximum level of residues

— Total acidity expressed in g of acetic acid 1,5
per hl of alcohol at 100 % vol:

— Esters expressed in g of ethyl acetate per hl 1,3
of alcohol at 100 % vol:

— Aledhydes expressed in g of acetaldehyde 0,5
per hl of alcohol at 100 % vol:

— Higher alcohols expressed in g of methyl-2 0,5
propanol-1 per hl of alcohol at 100 % vol:

— Methanol expressed in g per hl of alcohol at 50
100 %— vol:

— Dry extract expressed in g per hl of alcohol 1,5
at 100 % vol:

— Volatile bases containing nitrogen expressed
in g of nitrogen per hl of alcohol at 100 %
vol:

0,1

— Furfural: Not detectable

1991R1601 — EN — 02.11.1996 — 004.001 — 16

- **B**

_ANNEX II_

**Aromatized drinks based on wine products**

**geographical designations**

_referred to in Article 6 (2)_

Nürnberger Glühwein

- **M3**

Thüringer Glühwein

- **B**

Vermouth de Chambéry

Vermouth di Torino