CELEX: 31974R2133
Language: en
Date: 1974-08-08 00:00:00
Title: Regulation (EEC) No 2133/74 of the Council of 8 August 1974 laying down general rules for the description and presentation of wines and grape musts

17. 8 . 74                            Official Journal of the European Communities                           No L 227/1
                                                               I
                                          (Acts whose publication is obligatory)
                                REGULATION (EEC) No 2133/74 OF THE COUNCIL
                                                     of 8 August 1974
               laying down general rules for the description and presentation of wines and grape musts
THE COUNCIL OF THE EUROPEAN                                       information designed mainly to indicate the special
COMMUNITIES ,                                                     properties of the product or to characterize it;
                                                                  whereas, in view of the importance and scope of the
                                                                  problem, steps should be taken to ensure that the
Having regard to the Treaty establishing the Euro­                information provided is as complete as possible;
pean Economic Community;
                                                                  Whereas the rules to be adopted concerning the
Having regard to Council Regulation (EEC) No 816/                 presentation of the products in question should at
                                                                  the same time take into account the need to ensure
70 i1) of 28 April 1970 laying down additional
provisions for the common organization of the                     that these products continue to meet high standards
market in wine, as last amended by Regulation (EEC)               of quality,
No 1532/74 (2), and in particular Articles 30 ( 1 ) and
39 ( a) (2) thereof;                                              HAS ADOPTED THIS REGULATION :
                                                                                          TITLE I
Having regard to the proposal from the Commission;
                                                                                      DESCRIPTION
Having regard to the Opinion of the European Par­
liament;
                                                                                         Article 1
Having regard to the Opinion of the Economic and
 Social Committee;                                                1 . This title lays down the general rules for the
                                                                  description ;
"Whereas Article 30 of Regulation (EEC) No 816/70                 (a) in the case of products originating within the
 lays down certain rules governing the description of                 Community :
 certain wines in particular cases and provides for
the adoption of general rules on the description and                  — of products falling within heading Nos 22.04
 presentation of certain wine products; ,                                 and 22.05 of the Common Customs Tariff
                                                                          and,
Whereas the purpose of any description and                            — of grape musts, whether concentrated or not,
presentation should be to supply potential buyers                         as defined by points 2 and 4 of Annex II to
 and public bodies responsible for organizing and                         Regulation (EEC) No 816/70, and falling
supervising the marketing of the products concerned                       within subheading ex 20.07 of the Common
with information sufficiently clear and accurate to                       Customs Tariff.
enable them to form an opinion of the products ;
whereas general rules should therefore be drawn up                (b) in the case of products originating in non-member
to ensure that this purpose is served ;                               countries and fulfilling the conditions of Articles
                                                                      9 and 10 of the Treaty:
Whereas in the case of the description, a distinction                 — of products falling within heading Nos 22.04
should be made between mandatory information                              and 22.05 of the Common Customs Tariff,
necessary to identify the product and optional
                                                                      — of grape musts, as defined by point 2 of
                                                                          Annex II to Regulation (EEC) No 816/70, and
 (x) OJ No L99, 5 . 5 . 1970, p. 1 .                                      falling within subheading ex 20.07 of the
 (2) OJ No L 166, 21 . 6. 1974, p. 1 .                                    Common Customs Tariff,
 ---pagebreak---  No L 227/2                           Official Journal of the European Communities                                 17. 8.74
     — of concentrated grape musts, as defined by                Where the musts and wines referred to in subpara­
         Article 2 of Council Regulation (EEC) No                graphs (a) and (b) above are labelled, the labels used
         948/70 (*) of 26 May 1970 defining certain              must conform to the provisions of this Regulation.
         products falling within heading Nps 20.07,
         22.04 and 22.05 of the Common Customs
                                                                                          CHAPTER I
         Tariff and originating in third countries, as
         amended by Regulation (EEC) No 1533/74 (2),                  DESCRIPTION OF PRODUCTS ORIGINATING
         and falling within subheading ex 20.07 of the                           WITHIN THE COMMUNITY
          Common Customs Tariff.
                                                                                           Section A
 However, this title does not apply to sparkling wines,                        DESCRIPTION OF TABLE WINES
 aerated sparkling wines, semi-sparkling wines,
 aerated semi-sparkling wines and liqueur wines, as
 referred to in Annex II to Regulation (EEC) No                                          A I : Labelling
 816/70 and Article 2 of Regulation (EEC) No 948/70.
                                                                                            Article 2
 2. These rules are applicable for the description of            1 . For table wines, the description on the label shall
 the products concerned:                                         include the following information :
                                                                 (a) the words 'table wine";
 (a) on the labels ;
                                                                 (b) the nominal volume of the table wine ;
 (b) in registers and on the accompanying and other
     documents prescribed by Community legislation,              (c) in the case of:
     hereinafter referred to as 'official documents',
     other than customs documents ;                                  — containers with a nominal volume of 60 litres
                                                                           or less : the name or business name of the
 (c) in commercial documents, particularly in invoices                     bottler and the local administrative area or
     and delivery notes ;                                                 part thereof in which his head offices are
                                                                           situated,
 (d) in advertising material, inasmuch as special
     provision is made for such purpose in this Regu­                — other containers : the name or business name
     lation .                                                              of the consignor and the local administrative
                                                                           area or part thereof in which his head offices
                                                                           are situated.
 3 . These rules are applicable to products held for                 "Where wine is bottled in or consigned from a
 sale and to products placed on the market.                          local administrative area or part thereof, other
                                                                     than that mentioned above or a neighbouring
 However, the Member States may exempt from the                      local administrative area, the information referred
provisions concerning information on the labels :                    to under (c), first and second indents, shall
                                                                     include an indication of the local administrative
 (a) products transported :                                          area or part thereof where the activity was
     — between two or more plants,                                   carried out;
     — between vineyards and wine-making plants                  (d) in the case of:
         belonging to the same concern and situated
         in the same local administrative area,                      (i) consignments to another Member State or
                                                                          export : the name of the Member State in
                                                                          whose territory the grapes were harvested and
 (b) quantities of grape musts and wines not exceeding                    turned into wine, provided that both these
     15 litres per batch and not intended for sale ;                      operations took place in the same Member
                                                                          State ;
 (c) quantities of musts and wines intended for the
     domestic consumption of the producer and his                    (ii) table wine :
     employees.                                                           — resulting from a coupage of products
                                                                               originating in different Member States, or
                                                                          — which was not turned into wine in the
0 OJ No L 114, 27. 5. 1970 , p. 6.                                             same Member State in which the grapes
(2) OJ No L 166, 21 . 6. 1974, p. 3 .                                          were harvested : the inscription 'EEC'.
 ---pagebreak---  17 . 8 . 74                          Official Journal of the European Communities                             No L 227/3
2. For table wines, the description on the label may                 inasmuch as this information is laid down in
be supplemented by the following information :                        Community legislation or the producer Member
                                                                     State. However, the use of such information may
(a ) a statement as to whether the wine is red, rose                 be prohibited in the descriptions of table wines
      or white ;                                                     originating in a region where it is not traditional;
(b) a brand name, in accordance with the terms of                (e) an award granted by an official body or a body
      Article 8 ;                                                    officially recognized for this purpose, for a
                                                                     specified quantity of table wine, provided that
( c) the name or business name of the natural or legal               this is accompanied by a statement of the vintage
      persons or group of persons who have been                      year, and provided that the award can be proved
      involved in the commercial distribution of the                 by an appropriate document.
      table wine in question, and the local administrat­
      ive area or part thereof in which their head                   The Member States shall notify the Commission
      offices are situated,                                          of any awards that may be granted to table wines
                                                                     in their territory and of the rules that are applied
                                                                     in this connection;
( d) a citation, awarded by an official body or a body
      officially recognized for this purpose, to one of
      the persons or group of persons referred to in             (f) a statement that the wines were bottled on the
      (c), where this is likely to enhance the reputation            premises of the vineyard where the grapes from
      of the table wine concerned, inasmuch as this                  which the wine was made were harvested and
      mention is governed by implementing procedures,                turned into wine or, in the case of a group of
      or failing this by the provisions of the Member                vineyards, on one of their premises or on
      State concerned ;                                              premises under their control ;
( e) where the table wine is not consigned to another            (g) the name of a vineyard or group of vineyards in
      Member State or exported and if the conditions                 which the table wine in question was obtained,
      laid down in paragraph 1 ( d) (ii) are not fulfilled,          where this is likely to enhance the reputation of
      the name of the Member State in whose territory                such wine, inasmuch as such information is
      the grapes were harvested and turned into wine ;               governed by implementing procedures, or failing
                                                                     this, by the producer Member State.
(f) the actual and/or total alcoholic strength ;
(g) a recommendation to the consumer as to the use
      of the wine .                                                                       Article 3
                                                                 1 . Only the information referred to in Article 2 shall
3 . For table wines described in accordance with                 be allowed for the description on labels of table
Article 30 (2) and (3 ) of Regulation (EEC) No                   wines .
816/70, the description may be further supplemented
by the following information :                                   Member States may, however, lay down additional
                                                                 rules for table wines intended for export, in so far
(a) the name of a geographical unit which is smaller             as the legislation of non-member countries makes
      than the Member State, in accordance with the              this necessary.
      terms of Article 4 ;
                                                                 2. In the case of table wines obtained on their
(b) the name of one or two vine varieties, in accord­            territory, Member States may make compulsory,
      ance with the terms of Article 5 ;                         dispense with or restrict the use of certain infor­
                                                                 mation referred to in Article 2 (3 ).
(c) the vintage year in accordance with the terms of
      Article 6 ;                                                3 . Each Member State shall allow the description of
                                                                 table wines which originate in other Member States
                                                                 and are distributed in its territory, provided such
( d) details as to :                                             description conforms to Community legislation and
                                                                 is allowed in the producer Member State in accord­
     — the method of production,
                                                                 ance with this Regulation .
     — the type of product,
                                                                 However, the Member States may, for a transitional
     — a particular colour of table wine,                        period of five years from the implementation of this
 ---pagebreak--- No L 227/4                              Official Journal of the European Communities                                 17. 8 . 74
Regulation, make compulsory the indication of the                       particular colour referred to in Article 2 (3 ) ( d)
actual alcoholic strength for table wines distributed                   shall be provided solely in one of the official
in their territory.                                                     languages of the Member State of origin.
Within the aforesaid period of five years, the Council             For the description of table wines intended for export,
shall decide, on a proposal from the Commission                    provision may be made under the implementing pro­
and in accordance with the voting procedure laid                   cedures for the use of other languages .
down in Article 43 (2) of the Treaty, on common,
arrangements to apply subsequent to this period in
respect of indication of the actual alcoholic strength.                                       Article 4
4. In the case of table wines distributed in their
territory, the Member States may allow information                 1 . For the description on the labels of table wines,
concerning the bottler and the place of bottling to                the name of a 'geographical unit which is smaller
be given in the form of a code.                                    than the Member State', as referred to in Article 2
                                                                   (3 ) ( a) shall be taken to mean :
5 . In the case of table wine, an indication of all or             — a small locality or group or localities,
part of the name of a specified region, as defined                 — a local administrative area or part thereof,
by Article 2 of Council Regulation (EEC) No 817/
70 (*) of 28 April 1970 laying down special provisions             — a wine-growing sub-region or part thereof,
relating to quality wines psr, as last amended by
Regulation (EEC) No 2680/72 (2), shall be given in the             — a region other than a specified region.
form of a code.
                                                                   The geographical units referred to in the preceding
However, the Member States may prescribe other                     subparagraph shall constitute production areas within
appropriate measures for their territory in order to               the meaning of the first subparagraph of Article 30
avoid confusion with the specified region in question.             (3 ) of Regulation (EEC) No 816/70.
6. For the description on the labels of table wines,               2. In the case of table wines produced in their
the information referred to in Article 2 shall be given            territory and described in accordance with Article 30
in one or more of the official languages of the                    ( 2) and (3 ) of Regulation (EEC) No 816/70, the
Community.                                                         producing Member States may prohibit the use of
                                                                   one or more names of geographical units referred to
However,                                                           in paragraph 1 which are smaller than the Member
                                                                   State.
( a) — one of the official languages of the Member
          State of origin shall be used for the name of a          3 . The use of one of the names referred to in
          geographicial unit which is smaller than the             paragraph 1 to describe a table wine shall be subject
          Member State referred to in Article 2 (3 ) ( a),         to the condition that it cannot be identified with the
                                                                   geographical ascription, taken as a whole, of a
          and                                                      quality wine psr named after the specified region or,
                                                                   where appropriate, named in accordance with the
     — the information in respect of bottling, as                  provisions of Article 14 ( 1 ), nor with the description
          referred to in Article 2 (3 ) (f),                       of an imported wine referred to in Article 28 and
                                                                   that there is no risk of confusion with a quality wine
                                                                   produced in a specified region or with an imported
     such information may also be given in another                 wine.
     Community language in cases where this practice
     is traditional and customary in the Member State
     concerned ;
                                                                                              Article 5
(b) it may be decided that the information as to the
     method of production, the type of product or a                1 . The name of a vine variety referred to in Article
                                                                   2 (3 ) (b) may be used on a label to describe a table
                                                                   wine only if
0 OJ No L 99 , 5 . 5 . 1970 , p. 20.                               ( a) that variety is included in the list of vine varieties
(2) OJ No L 289, 27. 12 . 1972, p. 1 .                                  drawn up in accordance with Article 16 of
 ---pagebreak--- 17. 8 . 74                            Official Journal of the European Communities                             No L 227/5
     Regulation (EEC) No 816/70 for the administrat­             allowed only if all the grapes used to produce the
     ive unit which the grapes used to produce the               table wine concerned were harvested during the
     table wine in question were harvested; however,             year intended to be indicated.
     this provision shall not apply to wines referred
     to in Article 11 (4) of Council Regulation (EEC)            2. By derogation from paragraph 1 and without
     No 1388/70 (*) of 13 July 1970 on general rules             prejudice to Article 7, producer Member States may
     for the classification of vine varieties ;                  allow the indication of the vintage year if at least
                                                                 85 % of the table wine concerned is obtained from
(b) the name of the variety is that given :                      grapes of the vintage year intended to be indicated.
     — in the classification of vine varieties for the
         administrative unit referred to in (a),
                                                                                            Article 7
     — where appropriate, in a list of synonyms to
         be drawn up ; this list may provide that a              The first subparagraph of Article 30 (3 ) of Regulation
         given synonym may be used only to describe               (EEC ) No 816/70 and Articles 5 (2 ) and 6 (2) of this
         a table wine produced in the areas of pro­              Regulation may be applied simultaneously only if
         duction in which this use is traditional and            at least 85 % of the table wine resulting from the
         customary ;                                             coupage comes from the production area, the vine
                                                                 variety and the vintage year shown in the description
                                                                 of the table wine .
(c) with the exception of such products as may be
     used for sweetening, the table wine concerned is
     made entirely from grapes of the variety speci­
     fied;                                                                                  Article 8
( d) that variety determines the nature of the table             Labels used for the description of a table wine may
     wine in question ;                                          not bear brand names showing words, parts of
                                                                 words, signs or designs which :
(e) it is accompanied by the name of a geographical               ( a) are likely to create a false impression of a person,
     unit which is smaller than the Member State                       particularly the bottler, who has been involved in
     concerned, as referred to in Article 4 ( 1 );                     the commercial distribution of the product
                                                                       described ;
(f) the name of this variety does not cause confusion
     with the name of a specified region or a geo­                (b) include the name of a quality wine psr or may
     graphical unit used to describe a quality wine psr                lead to confusion with the description of a
     or an imported wine.                                              quality wine psr;
                                                                 (c) in the case of table wines described in accordance
2. By derogation from paragraph 1 , and without pre­                   with Article 30 (2) and (3 ) of Regulation (EEC)
judice to Article 7, producer Member States may                        No 816/70, contain false or misleading infor­
allow the indication of:                                               mation, particularly in respect of indications of
— the names of two vine varieties for one and the                      geographical origin, vine variety, vintage year or
     same table wine provided that it is produced                      superior quality ; or
     solely from the varieties given, or
                                                                  (d) in the case of table wines other than those
— the name of one vine variety, if the product                         referred to under (c), contain information concern­
     concerned is obtained at least 85 % from grapes                   ing the geographical origin, vine variety, vintage
     of the variety named, and provided that the                       year or any indication of superior quality.
     variety determines the nature of the product in
     question.
                          Article 6                                        A II : Official documents and registers
1 . Mention of the vintage year, as referred to in
Article 2 (3 ) (c), on labels for table wines, may be                                       Article 9
                                                                 1 . In the case of table wines, the description given
                                                                 in the official documents shall include the following
(*) OJ No L 155 , 16. 7. 1970, p. 5 .                            information :
 ---pagebreak--- No L 227/6                            Official Journal of the European Communities                                17. 8. 74
(a) the term 'table wine';                                       — the information referred to in Article 9 ( 1 ), and
(b) a statement as to whether the wine is red, rose              — the information referred to in Article 9 (2) inas­
     or white ;                                                      much as it appears on the labels.
(c) in the case of:
                                                                 2. Where the description in the commercial docu­
     (i) consignments to another Member State or                 ments of the table wines also includes information
           export : the Member State in whose territory          referred to in Article 2, such information must con­
           the grapes were harvested and turned into             form to the provisions of Articles 4, 5, 6, 7 and 8 .
           wine, provided that both these operations
           took place in the same Member State,                  3 . In the case of table wines distributed in their
     ( ii) table wine :                                          territory, the Member States may allow the infor­
                                                                 mation referred to in Article 2 to be given in the
           — resulting from a coupage of products                commercial documents in the form of a code. The
              originating in other Member States, or             code must be such as to enable the inspection
           — which was not turned into wine in the               authority to identify rapidly the description of the
                                                                 table wine concerned .
              Member State in which the grapes used
               were harvested :
     the inscription 'EEC'.                                                              Section B
2. The description of table wines in the official                DESCRIPTION OF QUALITY WINES PRODUCED IN
documents shall also include the information referred                              SPECIFIED REGIONS
to in Article 2 (2) and (3 ) and set out below, inas­
much as it appears or is intended to appear on the                                     B I : Labelling
labels :
( a) the vintage year;                                                                   Article 12
(b) the name of a geographical unit which is smaller
     than the Member State concerned ;                           1 . In the case of quality wines psr, the description
                                                                 on the labels shall include the following information :
(c) the name of one or two vine varieties ;
(d) a statement as to the method of production, the              (a) the specified region of origin ;
     type of product or a particular colour.
                                                                 (b) one of the expressions referred to in the second
                           Article 10                                subparagraph of Article 12 (4) of Regulation
                                                                     (EEC) No 817/70;
1 . For table wines, the description in the registers
kept by producers shall include the information
referred to in :                                                 (c) the nominal volume of the quality wine psr;
— Article 9 ( 1 ) ( a) and (b),
                                                                 (d) on containers with a nominal volume of 60 litres
— Article 9 (2), in so far as it is intended to appear               or less :
     on the labels, or in the absence of a label, on the
     accompanying document.                                          — the name or business name of the bottler and
                                                                         the local administrative area or part thereof in
                                                                         which his head offices are situated,
2. For table wines, the description in the registers
kept by persons other than producers shall include                   other containers :
— the information referred to in Article 9 ( 1 ) ,                   — the name or business name of the consigner
— the number of the accompanying document and                            and the local administrative area or part
                                                                         thereof in which his head offices are situated .
     the date on which it was drawn up .
              A III : Commercial documents                               Where wine is bottled in or consigned from a
                                                                         local administrative area or part thereof
                           Article 11                                    other than that mentioned above or a neigh­
                                                                         bouring local administrative area, the infor­
1 . Where an accompanying document has not been                          mation referred to under (d), first and second
drawn up for a table wine, the description in the                        indents, shall be accompanied by an indication
commercial documents referred to in Article 1 (2 )                       of the local administrative area or part thereof
(c) shall comprise :                                                     where the activity was carried out;
 ---pagebreak--- 17. 8 . 74                             Official Journal of the European Communities                                No L 227/7
(e) in the case of consignments to another Member                        wines psr originating in a specified region where
       State or export, the name of the Member State in                  it is not traditional ;
       which the specified region is situated .
                                                                  (1) the name of a geographical unit which is smaller
2. In the case of quality wines psr, the description                     than the specified region, in accordance with the
on the labels may be supplemented by the following                       terms of Article 14;
information :
                                                                  (m) the name of a vineyard or group of vineyards on
 ( a) a statement as to whether the wine is red, white                   whose premises the quality wine psr in question
        or rose ;                                                        was made, and where this is likely to enhance
                                                                         the reputation of this wine, in so far as such in­
 (b) the vintage year in accordance with the terms of                    formation is governed by implementing procedures
        Article 16 ;                                                      or, failing this, by the legislation of the producer
                                                                          Member State;
 (c) a brand name in accordance ,with the terms of
        Article 16 ;                                               ( n) the name of one or two vine varieties, in accord­
                                                                          ance with the terms of Article 15 ;
  ( d) the name or business name of the natural or legal
        persons or group of persons who have been in­              (o) a quality control number allotted by an official
        volved in the distribution of the quality wines psr               body to the quality wine psr in question ;
        in question and the name of the local administrat­
        ive area or part thereof in which their head offices       (p) an award granted by an official body or a body
        are situated;                                                     officially recognized for such purpose to the
                                                                          quality wine psr in question and provided that
  (e) a citation awarded to one of the persons or group                   the award can be proved by an appropriate
        of persons referred to in (d) by an official body                 document ;
        or a body officially recognized for this purpose
        where this is likely to enhance the reputation of           (q) an indication that the wines were bottled on the
        the quality wine psr concerned ; provided that                    premises of the vineyard where the grapes from
        such a mention is governed by implementing pro­                   which the wine was obtained were harvested and
        cedures or, failing this, by the legislation of the               turned into wine, or in the case of a group of
        Member State concerned;                                           vineyards, on one of their premises or an a
                                                                           premises under their control ;
   (f) the name of the Member State of origin, in so far
         as paragraph 1 (e) does not require this name               (r) within a transitional period of five years as from
         to be given ;                                                    the implementation of this Regulation : an indi­
                                                                           cation that the wines were bottled in the specified
   (g) the actual and/or total alcoholic strength ;                        region, in so far as this use is traditional and
                                                                           customary in the specified region concerned ;
    (h) a recommendation to the consumer as to the use
         of the wine;                                                ( s) the number of the container.
    (i) specific details of a traditional kind, in so far as                                     Article 13
         they are used in accordance with the terms laid
         down in the legislation of the producer Member              1 . Only the information referred to in Article 12
         State and are entered on a list to be drawn up ;            shall be allowed for the description on labels of a
                                                                     quality wine psr.
    (k) details concerning:
         — the method of production,                                 Member States may, however, lay down additional
                                                                     rules for quality wines psr intended for export, in so
         — the type of product,                                      far as the legislation of non-member countries makes
         — a particular colour of the quality wine psr,              it necessary to do so.
         in so far as this information laid down in                  2. In the case of quality wines produced in specified
          Community legislation or by the producer Mem­              regions in their territory, Member States may make
          ber State. However, the use of such information            compulsory, dispense with or restrict certain infor­
         may be prohibited in the description of quality              mation referred to in Article 12 (2).
 ---pagebreak--- No L 227/ 8                          Official Journal of the European Communities                               17. 8 . 74
3 . Each Member State shall allow the description of            (b) It may be decided that the information as to the
quality wines psr which originate in other Member                    method of production, the type of product or a
States and are distributed in its territory, provided                particular colour referred to in Article 12 (2) (k)
such description conforms to Community legislation                   shall be provided solely in one of the official
and is allowed in the producer Member State in                       languages of the Member State of origin.
accordance with this Regulation.
                                                                For the description of quality wines psr intended for
However, Member States may, for a transitional                  export, provision may be made under the implement­
period of five years as from the implementation of              ing procedures for the use of other languages.
this Regulation make the indication of the actual
alcoholic strength compulsory for quality wines psr
distributed in their territory.
                                                                                         Article 14
Within the aforesaid period of five years the Council           1 . For the description on the labels of a quality
shall decide, on a proposal from the Commission                 wine psr the name of a 'geographical unit which is
and in accordance with the voting procedure laid                smaller than the specified region', as referred to in
down in Article 43 (2) of the Treaty, on common                 Article 12 ( 2 ) (m), shall be taken to mean :
arrangements to apply subsequent to this period in              — a small locality or group of localities,
respect of indication of the actual alcoholic strength.
                                                                — a local administrative area or part thereof,
4. In the case of products distributed in their terri­          — a wine-growing sub-region or part thereof.
tory, Member States may allow information
concerning the bottler and the place of bottling to be
indicated in the form of a code .
                                                                2. The producer Member States may allocate the
                                                                name of a geographical unit which is smaller than
5 . For the description on the labels of quality wines          the specified region in question to quality wines psr
psr the information referred to in Article 12 shall be          provided that :
given in one or more of the official languages of the
Community.                                                      —■ this geographical unit is well defined,
                                                                — all the grapes from which the wines have been
However,                                                             produced originate in this unit.
(a) one of the official languages of the Member State
    of origin shall be used for :                               3 . Where a quality wine psr is obtained from
                                                                products of grapes harvested in different geographical
    — the name of the specified region in which the             units, referred to in paragraph 1 and situated within
         quality wine psr concerned originates ,                the same specified region, the only information
                                                                allowed in addition to the name of the specified
    — one of the expressions referred to in the                 region shall be the name of the larger geographical
         second subparagraph of Article 12 (4) of               unit covering all the wine-producing areas concerned.
         Regulation (EEC) No 817/70,
    — the name of a geographical unit which is                  However, without prejudice in Article 17, producer
        smaller than the specified region, as referred          Member States may allow the use of the name of a
         to in Article 12 (2) (1 ),                             geographical unit referred to in paragraph 1 for a
                                                                quality wine psr :
    — the name of the vineyard or group of vine­
         yards, as referred to in Article 12 (2) ( m ), and     ( a) obtained from a mixture of grapes, grape musts
                                                                     or new wines still in fermentation or, within a
    — information in respect of bottling, as referred                five-year transitional period as from the imple­
         to in Article 12 (2) (q ).                                  mentation of this Regulation, from wine originat­
                                                                     ing in the geographical unit whose name is to be
                                                                     used for the description, with a product made
    Such information may also be given in another                    in the same specified region but outside this unit,
    language of the Community where this practice                    provided that the quality wine psr concerned is
    is traditional and customary in the Member State                 obtained at least 85% from grapes harvested in
    concerned.                                                       the geographical unit whose name it bears ;
 ---pagebreak---   17. 8 . 74                            Official Journal of the European Communities                             No L 227/9
 (b) having been sweetened with a product made in                   2. By derogation from paragraph 1 and without
       the same specified region.                                   prejudice to Article 17, producer Member States may
                                                                    allow an indication of
 4. The name of a specified region and the name of­                — the names of two vine varieties for one and the
 a geographical unit as referred to in paragraph i                       same quality wine psr, provided that it is obtained
 shall not be allowed for:                                               entirely from the varieties named, or
                                                                    — the name of one vine variety, if the product
 — a wine resulting from a mixture of quality wine                       concerned is obtained at least 85% from grapes
      psr with a product made outside the specified                      of the variety specified and if this variety
       region in question,                                               determines the nature of the product in question.
— a quality wine psr which has been sweetened with
      a product made outside the specified region in
      question,                                                                             Article 16
                                                                    1 . Mention of the vintage year as referred to in
 if these wines are not shown on the list to be drawn               Article 12 (2) (b) on labels for quality wines psr
up in accordance with Article 5 (3 ) of Regulation                  may be allowed only if all the grapes used to produce
 (EEC) No 817/70.                                                   the quality wine psr concerned were harvested during
                                                                    the year to be mentioned.
                                                                    2. By derogation from paragraph 1 and without
                            Article 15
                                                                    prejudice to Article 17, producer Member States may
                                                                    allow an indication of the vintage year if at least
 1 . The name of a vine variety as referred to in                   85% of the quality wine psr concerned is obtained
Article 12 (2) (n) to describe on the label a quality              from grapes harvested in the year to be shown .
wine psr may be used only if:
 ( a) that variety is included in the list drawn up by
      the Member States in accordance with Article 3                                        Article 17
       ( 1 ) of Regulation (EEC) No 817/70 for the
      description of the vine varieties which are suitable         The provisions of the second subparagraph of
      for the production of each of the quality wines              Article 14 (3 ) ( a), the second indented subparagraph
      psr produced in their territory;                             of Article 15 (2) and Article 16 (2) may be applied
                                                                   simultaneously only if at least 85% of the quality
                                                                   wine psr resulting from the mixture comes from the
 (b) the name of the variety is that given :                       geographical unit which is smaller than the specified
      — in the classification of vine varieties for the            region, from the vine variety and from the vintage
             administrative unit concerned,                        year shown in the description of the quality wine
                                                                   psr .
      — where appropriate, in a list of synonyms to
            be drawn up ; this list may provide that a
            given synonym may be used only to describe                                      Article 18
            a quality wine psr produced in the areas of
            production in which this use is traditional and       Labels used for the description of a quality wine psr
            customary;
                                                                  may not bear brand names showing words, parts of
                                                                  words, signs or designs which :
(c) with the exception of such products as may be                  ( a) are likely to create a false impression of a person,
      used for sweetening, the quality wine psr is                      in particular the bottler, who has been involved
      obtained entirely from grapes of the variety                      in the commercial distribution of the product
      specified;                                                        described ;
(d) that variety determines the nature of the quality              (b) include the name of a table wine or are likely to
      wine psr in question;                                             cause confusion with the description of a table
                                                                        wine or with another quality wine psr; or
(e) the name of that variety does not cause confusion             (c) contain false or misleading information, par­
      with the name of a specified region or geographi­                 ticularly in respect of indications of geographical
     cal unit used to describe another quality wine                     origin, vine variety, vintage year or superior
     psr or with the name of an imported wine.                          quality.
 ---pagebreak---                                                                                              \
No L 227/10                              Official Journal of the European Communities                                   17. 8 . 74
          BII : Official documents and registers                    — the information referred to in Article 19 ( 1 ),
                                                                    — the number of the accompanying document and
                          Article 19                                      the date on which it was drawn up .
1 . In the case of quality wines psr, the description
given in the official documents shall include the                                     B III : Commercial documents
following information :
                                                                                                 Article 21
( a) the term 'quality wine psr';
                                                                    1 . Where an accompanying document has not been
(b) where appropriate, one of the expressions referred              drawn up for a quality wine psr, the description in
      to in the second subparagraph of Article 12 (4) of            the commercial documents referred to in Article 1
      Regulation (EEC) No 817/70 ;                                  (2) (c) shall comprise :
( c) the specified region ;                                         — the information referred to in Article 19 ( 1 ), and
                                                                    — the information referred to in Article 19 (2) in
(d) a statement as to whether the wine is red, rose                       so far as it appears on the labels .
      or white;
                                                                    2. Where the description in the commercial
(e) in the case of consignments to another Member                   documents of the quality wine psr also includes
      State or export : the name of the Member State                information referred to in Article 12, such infor­
      to which the specified region belongs.                        mation must conform to the provisions of Articles
                                                                    14, 15 , 16, 17 and 18 .
2. The description of quality wines psr in the of­
ficial documents shall also include the information                 3 . In the case of quality wines psr distributed in
referred to in Article 12 (2) and set out below, in so              their territory, the Member States may allow the in­
far as it appears or is intended to appear on the                   formation contained in Article 12 to be given in the
labels :                                                            commercial documents in the form of a code. This
                                                                    code must be such as to enable the inspection
( a) the vintage year;                                              authority to identify rapidly the description of the
                                                                    quality wines psr concerned.
 (b) specific details of a traditional kind for the
      purpose of indicating quality;                                                              Section C
 (c) a statement as to the method of production, the                DESCRIPTION OF PRODUCTS OTHER THAN TABLE
      type of product or a particular colour;                                     WINES AND QUALITY WINES PSR
                                                                                                C I : Labelling
 ( d) the name of a geographical unit which is smaller
      than the specified region;                                                                  Article 22
 ( e) the name of one or two vine varieties.                         1 . Where products other than table wines and
                                                                    quality wines psr are labelled, the labels used shall
                                                                    include the following information :
                          Article 20                                 ( a) the type of product, using that definition
                                                                          contained in Community legislation which gives
1 . For quality wines psr, the description in the                         the most accurate description of the product
registers kept by producers shall include the infor­                      concerned;
mation referred to in :
— Article 19 ( 1 ) (a ), (b ), ( c) and (d ),                        ( b) for :
— Article 19 (2), in so far as it is intended to appear                   — grape must and concentrated grape must : the
       on the labels, or in the absence of a label, on the                      density,
       accompanying document.                                             — partially fermented grape must and new wine
                                                                                still  in    fermentation :   the total alcoholic
                                                                                strength,
2. For quality wine psr, the description in the
registers kept by persons other than producers, shall                     — other wine : the actual and/or total alcoholic
include :                                                                       strength ;
 ---pagebreak--- 17. 8 . 74                           Official Journal of the European Communities                            No L 227/ 11
(c) the nominal volume of the product ;                                                   Article 23
(d) for:                                                        1 . Only the information referred to in Article 22
                                                                shall be allowed for the description on labels of
      — containers with a nominal volume of 60 litres
          or less : the name or business name of the
                                                                products other than table wines and quality wines
                                                                psr However, under the implementing procedures,
          bottler and the local administrative area or
                                                                additional provisions may be made for products other
          part thereof in which his head offices are            than table wines and quality wines psr intended for
          situated,                                             export, in so far as the legislation of non-member
      — other containers : the name or business name            countries makes this necessary.
          of the consignor and the local administrative
          area or part thereof in which his head offices        2. Each Member State shall allow the description of
          are situated;                                         products other than table wines and quality wines
                                                                psr which originate in other Member States and are
(e) in the case of consignments to another Member               distributed in its territory, provided such description
      State or export:                                          conforms to Community legislation and is allowed
                                                                in the producer Member State in accordance with the
      — for wines : the name of the Member State in
                                                                provisions of this Regulation.
          whose territory the grapes were harvested and
          turned into wine, provided that both these
          operations took place in the same Member              However, the Member States may make compulsory,
          State,                                                dispense with or restrict the use of certain infor­
                                                                mation referred to in Article 22 ( 2 ) for products other
      — for grape musts : the name of the Member                than table wines and quality wines psr obtained on
          State in whose territory the grapes were              their territory.
          harvested and production carried out,
          provided that both these operations took
          place in the same Member State ;                      3 . An indication on the label of the vintage year
                                                                referred to in Article 22 (2) ( a) to describe a product
                                                                other than a table wine or a quality wine psr may
 (f) the inscription 'EEC' for wines and grape musts :          be given only if all the grapes used for making the
                                                                product in question were harvested during the year
      — which result from a coupage of products                 which is intended to be shown .
          originating in different Member States, or
      — which, in the case of grape musts, were not             4. For the description on the labels of products
          produced, and, in the case of wine, were not          other than table wines and quality wines psr the
          turned into wine in the Member State in               information referred to in Article 22 shall be given
          which the grapes used were harvested ;                in one or more of the official languages of the Com­
                                                                munity. For the description of products other than
 (g) any restriction on use imposed by Community                table wines and quality wines psr intended for
      legislation.                                              export, provision may be made under the implement­
                                                                ing procedures for other languages to be used .
2. The description of these products on labels may
be supplemented by indicating:                                            C II : Official documents and registers
 ( a) the vintage year;
                                                                                          Article 24
 (b) the name or business name of the natural or legal
      persons or group of persons who have been                  1 . In the case of products other than table wines
      involved in the commercial distribution of the             or quality wines psr the description in the official
      product in question and the local administrative           documents shall include the following information :
      area or part thereof in which their head offices
      are situated;                                              ( a ) a statement as to whether the wine is red , rose
                                                                       or white,
 (c) where the product is not consigned to another
      Member State or exported and if the conditions             (b ) the type of product
      laid down in paragraph 1 (f) are not fulfilled :
      the name of the Member State in whose territory                  — using that definition contained in Community
      the grapes were harvested and the production                        legislation which gives the most accurate
      took place.                                                          description of the product concerned,
 ---pagebreak---  No L 227/ 12                           Official Journal of the European Communities                                17. 8 . 74
      — supplemented for grape musts, partially                    — the information referred to in Article 24 (2), in so
           fermented grape musts and new wines still                    far as such information is intended to appear on
           in fermentation intended for processing into                 the labels or in the absence of a label on the
           quality wine psr by the statement 'intended                  accompanying document.
           for processing into quality wine psr'.
                                                                   2. In the registers kept by persons other than pro­
 (c) in the case of consignments to another Member                 ducers, the description of these products shall include
       State or export:
                                                                   — the information referred to in Article 24 ( 1 ),
      — for      wines :  the   Member    State   in  whose
           territory the grapes were harvested and turned          — the number of the accompanying document and
           into wine, provided that both these operations               the date on which it was drawn up .
           took place in the same Member State,
      — for grape musts : the Member State in whose                             C III : Commercial documents
           territory the grapes were harvested and the
           production carried out, provided that both                                      Article 26
           these operations took place in the same
           Member State ;                                           1 . In the case of products other than table wines or
                                                                   quality wines psr, the description in the commercial
 ( d) the inscription 'EEC' for wii>e and grape musts :            documents referred to in Article 1 (2) ( c) shall include
                                                                   at the very least the information referred to in
      — which have resulted from a coupage of                      Article 24 ( 1 ).
           products originating in different Member
           States, or
                                                                   2. If the vintage year is given as well, such infor­
      — which, in the case of grape musts, were not                mation must conform to the provisions of Article
           produced and, in the case of wine, were not             23 3 .
           turned into wine in the Member State in which
           the grapes used were harvested.                         3 . If for grape musts, partially fermented grape
                                                                   musts and new wines still in fermentation, intended
                                                                   for processing into table wine and wines suitable for
2. The description in the official documents of                    yielding table wine, the description in the commercial
products other than table wines and quality wines                  documents also includes the information referred to
psr shall also include :                                           in Article 2, such information must conform to the
                                                                   provisions of Articles 4, 5, 6, 7 and 8 .
(a) for products intended for processing into table
      wines and for wines suitable for yielding table              4. If for grape musts, partially fermented grape
      wine : the information referred to in Article 9 (2);         musts and new wines still in fermentation, intended
                                                                   for processing into quality wines psr, the description
                                                                   in the commercial documents also includes the infor­
(b ) for products intended for processing into quality
      wine psr : the information referred to in the               mation referred to in Article 12, such information
      third and, where appropriate, the second indent              must conform to the provisions of Articles 14, 15, 16,
                                                                   17 and 18 .
      of Article 19 ( 1 ) (c) and (b) and in Article 19 (2);
(c) for other products : the information referred to               5 . The information specified in the commercial
      in Article 22 (2) ( a) and (c);                              documents of the products referred to in paragraphs
                                                                   3 and 4 shall be consistent with that specified in the
                                                                   accompanying documents .
in so far as it is intended to appear on the labels of
table wines and of quality wines psr obtained from
the products referred to in (a) and (b) or on the                                        CHAPTER II
labels of the products referred to in (c).                             DESCRIPTION OF PRODUCTS ORIGINATING IN
                                                                                 NON-MEMBER COUNTRIES
                           Article 25                                                      Section A
                                                                                          LABELLING
1 . In the case of products other than table wines or
quality wines psr, the description in the registers
kept by producers shall include :                                                          Article 27
— the information referred to in Article 24 (1 ) (a)               1 . The description on the labels of imported wines
      (b),                                                         intended for direct human consumption not included
 ---pagebreak---  17. 8 . 74                            Official Journal of the European Communities                              No L 227/ 13
in the list referred to in Article 28 ( 1 ) shall include          (c) the name or business name of the natural or legal
the following information :                                              persons or group of persons who have been in­
                                                                         volved in the commercial       distribution of the
 (a) the term 'wine';                                                    imported wine and the local administrative area
                                                                         in which their head offices are situated ;
 (b ) the nominal volume of the imported wine ;
                                                                    (d) the actual and/or total alcoholic strength;
 (c) where these wines :
                                                                   (e) a recommendation to the consumer as to the use
                                                                         of the wine.
      — have been bottled, in the Community, in
          containers with a nominal volume of 60
          litres or less : the name or business name of
                                                                                             Article 28
          the bottler and the local administrative area
          or part thereof in which his head offices are
          situated. However, where the bottling was                1 . The description on the labels of imported wines
          carried out in a local administrative area or           intended for direct human consumption, described
          part thereof other than that mentioned above             by reference to a geographical area and contained
          or a neighbouring local administrative area,             in a list to be drawn up, shall include the following
          the mention of the bottler's head offices shall          information :
          specify the local administrative area or part
          thereof where the bottling was carried out,              ( a ) the name of a geographical unit situated in the
                                                                         non-member country concerned, in accordance
      — have been bottled, outside the Community, in                     with the terms of Article 31 ;
          containers with a nominal volume of 60
          litres or less : the name or business name of             (b ) the nominal volume of the imported wine ;
          the importer and the local administrative
          area or part thereof in which his head offices           (c) where these wines :
          are situated,
                                                                         — have been bottled, in the Community, in
                                                                             containers with a nominal volume of 60 litres
      — are distributed in other containers : the name
                                                                             or less : the name or business name of the
          or business name of the importer and the                           bottler and the local administrative area or
          local administrative area or part thereof in
          which his head offices are situated,                               part thereof in which his head offices are
                                                                             situated. However, where the bottling was
                                                                             carried out in a local administrative area or
(d) the non-member country of origin, as stated in                           part thereof other than that mentioned above
      the documents referred to in Council Regulation                        or a neighbouring local administrative area,
                                                                             the mention of the bottler's head offices shall
      (EEC) No 1599/71 (*) of 20 July 1971 laying
      down additional conditions with which imported                         specify the local administrative area or part
      wines for direct human consumption have to                             thereof where the bottling was carried out,
      comply, as last amended by Regulation (EEC)
                                                                         — have been bottled, outside the Community,
      No 1727/73 (2), and which accompany the wine                           in containers with a nominal volume of
      in question when it is imported.                                       60 litres or less : the name or business name
                                                                             of the importer and the local administrative
                                                                             area or part thereof in which his head offices
2. The description on the labels of wines referred to                        are situated,
in paragraph 1 may be supplemented by the following
information :                                                            — are distributed in other containers : the name
                                                                             or business name of the importer and the
                                                                             local administrative area or part thereof in
(a) a statement as to whether the wine is red, rose or                       which his head offices are situated;
      white ;
                                                                   ( d) the non-member country of origin, as stated in
(b) a brand name in accordance with the terms of                         the documents referred to in Regulation (EEC)
      Article 34 ;                                                       No 1599/71 and which accompany the wine in
                                                                         question when it is imported .
(x) OJ No L 168 , 27. 7. 1971 , p. 3 .                            The list referred to in the first subparagraph may
(2) OJ No L 176, 30. 6. 1973 , p. 1 .                             include only imported wines for which, in each case,
 ---pagebreak--- No L 227/ 14                         Official Journal of the European Communities                                17. 8 . 74
the conditions of production are recognized as being            (m) a quality control number allotted to the wine in
equivalent to those for a quality wine psr or for                     question by an official body;
a table wine bearing an indication of geographical
origin.                                                         (n) an award granted to the wine in question by an
                                                                      official body or a body officially recognized for
2. The description on the label of the wines referred                 such purpose provided that the award can be
to in paragraph 1 may be supplemented by the fol­                     proved by an appropriate document;
lowing information :
                                                                (o ) an indication that the wines were bottled on the
( a) a statement as to whether the wine is red, rose                  premises of the vineyard where the grapes from
      or white ;                                                      which the wine was obtained were harvested and
                                                                      turned into wine or in the case of a group of
( b ) the name of a geographical unit other than that                 vineyards, on one of their premises or on a prem­
      included in the list referred to in paragraph 1 in              ises under their control .
      accordance with the terms of Article 31 ;
(c) details concerning superior quality, in accordance
      with the national provisions of the non-member                                       Article 29
      country of origin of the wine, and in so far as
      such details are recognized by the Community;             1 . Where imported products other than the wines
                                                                referred to in Articles 27 and 28 are labelled, the
( d) the name of one or of two vine varieties, in               labels used shall include the following information :
       accordance with the terms of Article 32 ;
                                                                (a ) the type of product, using that definition con­
( e) the vintage year, in accordance with the terms                   tained in Community legislation which gives the
      of Article 33 ;                                                 most accurate description of the product in
                                                                      question ;
 (f) the actual and/or total alcoholic strength ;
                                                                ( b) in the case of :
(g) a brand name, in accordance with the terms of                     — grape must and concentrated grape must : the
      Article 34;                                                         density,
                                                                      — wine :       the actual   and/or   total alcoholic
(h) the name or business name of the natural or legal                     strength ;
      persons or group of persons who have been
      involved in the commercial distribution of the
      imported wine, and the local administrative area           ( c) the nominal volume of the imported product;
      or part thereof in which their head offices are
      situated ;                                                (d) the name or business name of the importer, and
                                                                      the local administrative area or part thereof in
(i) a recommendation to the consumer as to the use                    which his head offices are situated ;
      of the wine ;
                                                                (e) where :
( k) details concerning:
                                                                      — the wines or grape musts in question were
      — the method of production,                                         produced in the non-member country in which
      — the type of product,                                              all the grapes used were harvested : the non­
                                                                          member country concerned,
      — a particular colour of the product,
                                                                      — the conditions of the first indent are not ful­
      in so far as such information is traditional and                    filled : the words 'imported product'.
      customary and defined by provisions laid down
      by the non-member country of origin ;
                                                                2 . The description used in labelling the products
(1) the name of a vineyard or group of vineyards on             referred to in paragraph 1 may be supplemented by
      whose premises the wine in question was made              indicating the name or business name of the natural
      and where this is likely to enhance the reputation        or legal person or group of persons who have been
      of such wine, in so far as the information is             involved in the commercial distribution of the pro­
      governed by provisions laid down by the non­              duct in question and the local administrative area or
      member country of origin ;                                part thereof in which their head offices are situated.
 ---pagebreak---  17. 8 . 74                                Official Journal'of the European Communities                            No L 227/ 15
                         Article 30                                   28 and 29 shall be given in one or more of the
                                                                      official languages of the Community.
 1 . Only the information referred to in Articles 27 to
29 shall be allowed for the description on labels of
                                                                      However,
products originating in non-member countries.
                                                                      — the name of a geographical unit within the non­
                                                                          member country concerned, as referred to in
2. The information referred to in paragraph 1 may                         Article 28 ( 1 ) ( a) and (2) ( b),
be supplemented by other optional information to
be determined in accordance with the procedure laid                   — references to superior quality, as referred to in
down in Article 7 of Regulation No 24 (*) on the                          Article 28 (2) (c),
progressive establishment of a common organization
of the market in wine in the light of experience and                  — details concerning the method of production, the
of the corresponding provisions adopted for products                      type of product or a particular colour, as referred
originating in the Community.                                             to in Article 28 (2) ( k),
                                                                      — the name of a vineyard or of a group of vineyards
3 . In accordance with the same procedure, use of                         as referred to in Article 28 (2 ) (1 ),
the information referred to in Article 27 (2), Article                — information in respect of bottling as referred to in
28 (2) and Article 29 ( 2) may be made compulsory,                        Article 28 (2) ( o ),
dispensed with or restricted.
                                                                      shall be given in one of the official languages of the
4. Member States may for a transitional period of                     non-member country of origin . Such information
five years as from the implementation of this Regu­                   may also be given in an official language of the Com­
lation make it compulsory for the actual alcoholic                    munity.
strength to be indicated in the case of the imported
wines referred to in Articles 27 and 28 and which are
distributed in their territory.                                       8 . (a) The name or business name of the natural or
                                                                                legal persons or group of persons together
                                                                                with that of the bottler and the importer, who
Within the aforesaid period of five years, the Council                          have been involved in the commercial distri­
shall decide, on a proposal from the Commission and                             bution of the imported product, and the name
in accordance with the voting procedure laid down                               of the local administrative area or part thereof
in Article 43 (2) of the Treaty, on common arrange­                             in which their head offices are situated, as
ments to apply subsequent to this period in respect                             referred to in
of indication of the actual alcoholic strength .
                                                                                — Article 27 d ) ( c),
5 . Special conditions may be laid down as regards                              — Article 27 (2) (c),
inspection to ensure compliance with provisions
governing the description on labels of imported pro­                            — Article 28 (D (c),
ducts, with particular reference to the geographical
origin, references to superior quality, the vine variety                        — Article 28 (2)    (h),
and the bottler.
                                                                                — Article 29 d )    (d),
6. In the case of products distributed in their terri­                          — Article 29 (2);
tory, Member States may allow the information in
respect of the bottler the place of bottling or, where
appropriate, the importer, to be indicated in the form                    ( b ) references to superior quality, as referred to
of a code approved by the competent national auth­                              in Article 28 (2) ( c);
orities .
                                                                          ( c) the name of a vineyard or group of vineyards,
                                                                          as referred to in Article 28 (2) (1) ;
7. For the description on the label of imported
products the information referred to in Articles 27,
                                                                          may only be used where this does not cause con­
                                                                          fusion with the name of a region used to describe
                                                                          a quality wine psr or with the name of another
(*) OJ No 30 , 20 . 4 1962 , p . 989 /62 .                                imported wine.
 ---pagebreak---  No L 227/ 16                          Official Journal of the European Communities                                17. 8 . 74
                           Article 31                              ( a) the name of that variety and, where appropriate,
                                                                        any synonym are included in a list to be drawn
                                                                        up for each non-member country; however, such
1 . "Where, pursuant to Article 28 ( 1 ) (a) and (2) (b),               a list may not include names of varieties whose
an imported wine is described on the label by means                     cultivation is prohibited by any provisions of the
of a geographical description, use may be made only                     non-member country concerned or which are
of the name of a geographical unit :                                    likely to cause confusion with :
                                                                        — the name of a specified region or of a geo­
 ( a) which denotes a wine-producing area that is                            graphical unit used to describe a quality wine
      clearly defined:                                                       psr, a table wine or another imported wine,
                                                                        — the name of another genetically different
      — which is smaller than the territory of the third                     variety grown within the Community ;
          country in question, and which produces the
          grapes from which the product was made,
                                                                  (b) the product concerned is made entirely from
                                                                        grapes of the variety which it is intended to
      — which describes a wine-growing area in which                    indicate.
          grapes are harvested yielding wines conform­
          ing to standard quality criteria ;
                                                                  2. Derogations from paragraph 1 ( b) may be allowed,
                                                                        provided that they :
 (b) which is used on the domestic market of the non­
      member country of origin to describe the wines
      and is intended for such purposes in provisions             — conform to the provisions of the non-member
      laid down by that country ;                                       country of origin, and
                                                                  — do not exceed the derogations allowed under
 ( c) which is not likely to be confused with infor­                    Article 5 ( 2) and Article 15 (2) for table wines
      mation used to describe a quality wine psr or                     and quality wines psr.
      a table wine or another imported wine.
2. The name of a geographical unit or given region                                           Article 33
situated within the Community used to describe a
table wine or a quality wine psr may not be used
to describe an imported wine, whether in the                      1 . The indication of the vintage year referred to in
language of the producing country in which this                   Article 28 (2) (e) shall be allowed on the labels of
unit or region is situated, or in any other language.             imported wines only if :
                                                                  ( a) all the grapes used for the production of the wine
3 . Derogations from paragraph 1 (a) may be allowed                     concerned were harvested during the year which
for the use of the name of a geographical unit to                       it is intended to indicate;
describe a wine which has been mixed, provided
that they :                                                       (b) it is accompanied by the name of a geographical
                                                                        unit ; and
— conform to the provisions of the non-member
      country of origin, and                                      (c) it is allowed by the provisions of the non-member
                                                                        country concerned .
— do not exceed the derogations allowed under
      Article 14 (3 ) for quality wines psr.
                                                                 2 . Derogations from paragraph 1 ( a) may be allowed
                                                                  in certain cases, provided that they :
                           Article 32                            — conform to the provisions of the non-member
                                                                        country of origin , and
1 . The indication of the name of a vine variety                 — do not exceed the derogations allowed under
referred to in Article 23 (2) (d) to describe an impor­                 Article 6 (2) and Article 16 (2) for table wines
ted wine on the label may be used only if:                              and quality wines psr.
 ---pagebreak--- 17. 8 . 74                               Official Journal of the European Communities                                No L 227/ 17
                             Article 34                             The description in the official documents of the
                                                                    wines referred to in the previous subparagraph shall
Labels used for the description of an imported wine                 also include the information referred to in Article 28
may not bear brand names showing words, parts of                    (2) and set out below, in so far as it appears or is
words, signs or designs which :                                     intended to appear on the label :
( a) are likely to create a false impression of a person,           ( a) the name of a geographical unit referred to in
      in particular the bottler, who has been involved                    Article 28 (2) (b);
     in the commercial distribution of the product
      described;                                                    (b ) an indication of superior quality ;
(b ) include the name of a table wine or of a quality               ( c) the name of one or of two vine varieties ;
      wine psr, may lead to confusion with the
      description of a table wine, of a quality wine                ( d) the vintage year;
      psr or an imported wine shown in the list
      referred to in Article 28 ( 1 ), or are used to
      distinguish one of these wines ;                              (e) a statement as to the method of production, the
                                                                           type of product or a particular colour.
(c) contain false or misleading information, particu­
      larly in respect of indications of geographical               3 . The description in the official documents for
      origin, vine variety, vintage year or superior                imported products other than wines referred to in
      quality.                                                      Articles 27 and 28 shall include the following
                                                                    information :
                              Section B                             ( a) the type of product, using that definition
                                                                          contained in Community legislation which gives
        OFFICIAL DOCUMENTS AND REGISTERS
                                                                          the most accurate description of the product
                                                                          concerned;
                              Article 35
                                                                    ( b ) where :
1 . The description in the official documents for                         — the wines or grape musts in question were
imported wines intended for direct human consump­                              produced in the non-member country in which
tion which are not shown in the list referred to in                            all the grapes used were harvested : the non­
Article 28 ( 1 ), shall include the following informa­                         member country concerned,
tion :
                                                                          — the conditions of the first indent are not
( a) the term 'wine';                                                          fulfilled : the words 'imported product'.
( b) a statement as to whether the wine is red, rose
      or white;                                                                                 Article 36
( c) the non-member country of origin, as stated in
      the documents referred to in Regulation (EEC)                 The description in the registers shall include :
      No 1599/71 which accompany the wine in ques­
      tion when imported.                                           ( a ) in the case of imported wines intended for direct
                                                                          human consumption which are not contained in
2. The description in the official documents for                           the list referred to in Article 28 ( 1 ):
wines intended for direct human consumption,
described by means of a geographical ascription and                       — the information referred to in Article 35(1 ),
contained in the list referred to in Article 28 ( 1 ),                    — the number of the accompanying document
shall include the following information :                                      and the date on which it was drawn up ;
(a) the name of a geographical unit, as referred to
      in Article 28 ( 1 ) ( a);                                     (b ) in the case of imported wines intended for direct
                                                                          human consumption, described by means of a
                                                                          geographical ascription and contained in the list
(b) a statement as to whether the wine is red, rose                       referred to in Article 28 ( 1 ):
      or white;
                                                                          — the information referred to in the first sub­
( c) the non-member country of origin.                                         paragraph of Article 35 (2),
 ---pagebreak--- No L 227/ 18                         Official Journal of the European Communities                                  17. 8 . 74
     — the number of the accompanying document                                              TITLE II
         and the date on which it was drawn up ;
                                                                                      PRESENTATION
(c) in the case of imported products other than wines
     referred to in Articles 27 and 28 :                                                   Article 39
     — the information referred to in Article 35 (3 ),          1 . This title lays down the general rules governing
     — the number of the accompanying document                  containers, labelling and packaging:
         and the date on which it was drawn up.
                                                                ( a) in the case of products originating within the
                                                                       Community :
                         Article 37
                                                                       — of products falling within heading Nos 22.04
The description of wines originating in non-member                        and 22.05 of the Common Customs Tariff,
countries and intended for direct human consump­                           and
tion, as given in the documents drawn up by the
competent authorities and laboratories of the non­                     — of grape musts, whether concentrated or not,
member country concerned and presented on import,                          as defined by points 2 and 4 of the Annex
pursuant to Regulation ( EEC) No 816/70, in                                to Regulation (EEC) No 816/70, and falling
particular Article 28 thereof, shall include all the                       within the tariff subheading ex 20.07 ;
information necessary to enable the competent
authorities of Member States or the natural or legal            ( b ) in the case of products originating within non­
persons or group of persons acting on their behalf                     member countries and fulfilling the conditions
to draw up an accompanying document in accord­                         of Articles 9 and 10 of the Treaty :
ance with the provisions of Article 35.
                                                                       — of products falling within heading Nos 22.04
                                                                           and 22.05 of the Common Customs Tariff,
                         Section C                                     — of the grape musts as defined by point 2 of
                                                                           Annex II to Regulation (EEC) No 816/70, and
              COMMERCIAL DOCUMENTS                                         falling within subheading ex 20.07 of the
                                                                           Common Customs Tariff, and
                         Article 38
                                                                       — of the concentrated grape musts as defined by
                                                                           Article 2 of Regulation (EEC) No 948/70, and
1 . In the case of imported wines referred to in                           falling within heading No ex 20.07 of the
Article 27, if no accompanying document is drawn                           Common Customs Tariff.
up, the description in the commercial documents
referred to in Article 1 (2) ( c) shall include the infor­
mation given in Article 35 ( 1 ).                               However, this title does not apply to sparkling wines,
                                                                aerated sparkling wines, semi-sparkling wines,
Where the description of the aforementioned wines               aerated semi-sparkling wines and liqueur wines, as
in the commercial documents also includes a brand               referred to in Annex II to Regulation ( EEC) No 816/
name, as referred to in Article 27 (2) (b), this must           70 and Article 2 of Regulation (EEC) No 948/70 .
conform to the provisions of Article 34.
                                                                2. The rules referred to in the preceding paragraph
2 . In the case of imported wines referred to in                shall apply to products held for sale and to products
Article 28 , if no accompanying document is drawn               placed on the market.
up, the description in the commercial document
referred to in Article 1 (2) (c) shall include the
information given in Article 35 (2).                                                       Article 40
Where the description of the aforementioned wines
in commercial documents also includes information               1 . Products to which this title applies may be stored
of the kind referred to in Article 28 (2), this must            or transported only in containers which :
conform to the provisions of Articles 31 , 32, 33 and
34 .                                                             ( a ) are clean inside ;
3 . In the case of imported products other than wines           ( b ) have no adverse effect on the smell, taste or
referred to in Articles 27 and 28, the description                     composition of the product in question ;
in the commercial documents referred to in Article 1
(2) (c) shall include at the very least the information         (c ) are made of or lined with materials permitted to
referred to in Article 35 (3 ).                                        come into contact with foodstuffs ;
 ---pagebreak---   17. 8 . 74                          Official Journal of the European Communities                              No L 227/ 19
 (d) are used solely for the storage or transport of             Such conditions, which may differ from one product
      foodstuffs .                                               to another, shall relate in particular to :
 2. Use of the containers may be subject to certain               ( a ) the positioning of the label on the container ;
 conditions to be laid down for the purpose of
 ensuring in particular that:                                     ( b) the minimum size of the labels ;
 ( a) the organoleptic properties and the composition            ( c) the arrangement on the labels of the various items
      of the products are preserved ;                                   of the description ;
 (b ) the quality and the origin of the products may              (d ) the size of the lettering printed on the label ;
      be distiguished.
                                                                  (e) the use of signs, designs or brand names ;
3 . The containers used for the storage of the
products referred to in this title shall be marked in            (f) the language in which the labels are worded, in
 indelible writing, in such a way as to enable the                      so far as this is not laid down by this Regulation .
 inspection authority to identify rapidly their contents
by reference to the registers or documents which
 correspond thereto .
                                                                                             Article 42
However, in the case of containers with a nominal
volume of 60 litres or less, which are filled with the           1 . For the purposes of Titles I and II of this Regu­
 same product and stored together in the same batch,             lation, packaging shall be understood to mean pro­
the batch as a whole may be marked instead of the                tective wrappings such as paper, straw coverings of
individual containers, provided that the batch is                all kinds, cardboard boxes and crates , used to trans­
 clearly separated from other batches.                           port one or more containers .
4. Provision may be made that containers used for                2. Leaving aside instructions necessary for consign­
transport, in particular tankers for use on road, rail           ment or markings appearing on packaging carried
or waterway, should bear in a clearly visible place              out by retailers in the presence of the purchaser,
and in indelible writing :                                      packing may not bear information relating to the
                                                                packed product which does not conform to Articles
                                                                 2, 12, 22, 27, 28 and 29 .
(a) the words 'approved for the             transport of
      beverages', and
 ( b) special cleaning instructions.                                                         TITLE III
                                                                                    GENERAL PROVISIONS
                          Article 41
                                                                                             Article 43
1 . For the purposes of Titles I and II of this Regula­
tion, labelling shall be understood to mean all the
descriptions or other references, signs, designs or              1 . The description and the presentation of the
brand names which distinguish the product and                   products referred to in Article 1 (3 ), including any
appear on the same container, including its sealing             form of consumer sales publicity, must not be liable
device or other coverings, with the exception of                to confusion as to the nature, origin and composition
whatever is laid down by the tax provisions of                  of the product; this applies to the information refer­
Member States.                                                  red to in Articles 2, 12, 27, 28 and 29.
2. "Without prejudice to Article 1 (3 ) labelling shall         2. The description and presentation in advertising
be compulsory only for containers with a nominal                material must be such as not to create a false impres­
volume of 60 litres or less, and as from the time               sion of the product in question, particularly as
the product is distributed.                                     regards :
                                                                — the type of product, the colour, origin, quality,
3 . Labelling shall be carried out in accordance with                  vine variety, vintage year and contents of the
conditions yet to be laid down.                                         containers,
 ---pagebreak---   No L 227/20                         Official Journal of the European Communities                              17. 8 . 74
  — the identity or status of the natural or legal               2. The authorities appointed by the Member States
       persons or group of persons who are involved              shall be responsible for ensuring observance of the
       or have been involved in the production or com­           provisions of this Regulation.
       mercial distribution of the product in question.
                                                                                          Article 46
                          Article 44
, 1 . The appellation :                                          1 . For a period of three years from the implemen­
                                                                 tation of this Regulation, Member States may, by
  ( a) 'wine' shall be restricted to products conforming         derogation from this Regulation, authorize the use
       to the definition given in point 7 of Annex II to         of supplementary information permitted on that date
       Regulation (EEC) 816/70 ;                                 for products in their territory.
  (b) 'table wine' shall be restricted to products con­          2. Other temporary provisions shall be laid down
       forming to the definition given in point 10 of            for :
       that Annex.
                                                                 — the placing on the market of products whose
                                                                       description and presentation do not conform to
  2. Without prejudice to the provisions for the har­                  the provisions of this Regulation,
  monization of laws, the possibility for the Member
  States to allow :
                                                                 — the use of stocks of labels and other labelling
  — the use of the word 'wine' accompanied by the                      accessories printed before the date of entry into
       name of a fruit and in the form of a composite                  force of this Regulation.
       name to describe products obtained by the
       fermentation of fruits other than grapes,
                                                                 3 . Until such time as the implementing procedures
                                                                 necessary for the use of the information referred to
  — other composite names including the word 'wine',             in Articles 2, 12, 22, 28 and 29 become operative,
                                                                 Member States may continue to apply or adopt
  is not, however, affected by the provisions of the             national legislation in respect of the information in
  preceding paragraph.                                           question for products distributed in their territory.
  In the event of use of the composite names referred
  to in the previous subparagraph, any confusion with            4. The implementing provisions of this Article shall
  the products referred to in paragraph 1 must be                be adopted in accordance with the procedure laid
  avoided.                                                       down in Article 7 of Regulation No 24.
                          Article 45
                                                                                          Article 47
  1 . The products referred to in Article 1 ( 1 ) first
  subparagraph and Article 39 ( 1 ) first subparagraph,          This Regulation shall enter into force on the third
  the description or presentation of which does not              day following that of its publication in the Official
  conform to the provisions of this Regulation or may            Journal of the European Communities.
  not be held for sale, placed on the market or
  exported.                                                      It shall be implemented as from 1 September 1975 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 8 August 1974.
                                                                                        For the Council
                                                                                          The President
                                                                                         B. DESTREMAU