CELEX: 51977PC0129
Language: en
Date: 1977-04-15
Title: Proposal for a COUNCIL REGULATION (EEC) amending for the third time Regulation (EEC) No 2133/74 laying down general rules for the description and presentation of wines and grape musts (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 129
Vol. 1977/0050
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 ---pagebreak---                                                                          \
  COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(77)129 final.
                                              Brussels , 15 April 1977 *
/
                               Proposal for a
                          COUNCIL REGULATION (EEC )
        amending for the. third, time Regulation (EEC ) No 2133/ 74
        laying down general rules for . the description and presen­
        tation of wines and grape ousts
                                                                           (
                 ( submitted to the Council "by the Commission)
    C0T.:(77) 129 final ,
 ---pagebreak---                              EXPLANATORY MEMORANDUM
            In -the light of experience gained in applying Regulation (EEC ) NO 2133/74.
 certains provisions should "be added so that consumers are given more information
 and the work of the supervisory todies entrusted by the Member States with the
 task of ensuring compliance with Community rules may be facilitated.
 This draft Regulation therefore proposes :
- laying down guidelines for the rules which Member States may draw up governing
   the description of table wines to which one of the terms "Landwein" , "vin de
   pays" or "vino tipico" may be applied ;
- allowing Member States to limit the use of the optional particulars in the
   description of table wines , in particular those concerning the residual sugar
   content , to take account of regional factors ;
- allowing the term " quality wines produced in specified regions", abbreviated
   if necessary to " q.w.p.s.r." to be used in conjunction with terms of a tradi­
   tional nature used by producer Member States ;
- making some corrections to the provisions governing the accompanying document ,
   commeroial documents and registers in order to improve the alignment of the
   rules governing the description of all products within the scope of the Regu­
   lation to be amended ;
- extending to all the products concerned the possibility of being described by
   means of a code and creating a legal basis on which to draw up , in due course ,
   Community rules for using that code ;
- replacing, in the case of wine imported in bulk and divided into several con­
   signments , the obligatory naming of the importer by the naming of the consi­
   gnor , and
- defining what is meant by labelling.
           The adoption of this draft Regulation will have no financial impact on
the Community budget .
 ---pagebreak---                                  Proposai for
                       COUNCIL REGULATION (EEC ) NO
                               of
           amending for "the third -time Regulation (EEC ) No 2133/ 74
           laying down general rules for the description and presen­
           tation of wines and grape musts
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation (EEC ) NO 816/70 of 28 April 1970 laying down
additional provisions for the common organization of the market in wine ( l ), as
last amended "by Regulation (EEC ) NO 2842/76 ( 2 ), and in particular Articles 30(1 )
 and 39a.( 2 ) thereof ,
Having regard to Council Regulation (EEC ) NO 817/70 of 28 April 1970 laying down
special provisions relating to quality wines produced in speoified regions ( 3 ),
as last amended "by Regulation (EEC ) No 2878/76 ( 4), and in particular Article
12(3 ) thereof ,
Having regard to the proposal from the Commission ,
Whereas Council Regulation (EEC ) No 2133/74 of 8 August 1974 (5 ) * as last amen­
ded "by Regulation (EEC ) NO II68/76 ( 6 ), lays down general rules for the descrip­
tion and presentation of wines and grape musts :
                                                                             •/•
( 1 ) OJ No L 99 , 5-5 * 1970 , P. 1
( 2 ) OJ No L 327 , 27.11.1976 , p. 2
( 3 ) OJ No L 99 , 5.5.1970 , p. 20
( 4 ) OJ No L 331 , 30.11.1976 , P. 3
( 5 ) OJ No L 227 , 17 .8 . 1974, p. 1
( 6 ) OJ No L 135 , 24.5.1976 , p. 46
 ---pagebreak---   Whereas it should "be specified that the terms "Landwein", "vin de pays " or
   "vino tipico" are restricted to wine-growing areas conferring typioal charao-
  teristics on the wine and may be used only with reference to such growing areas ; whe­
   reas , therefore , the use of the names of these areas for other wines must "be prohibited;
  Whereas , to take account of regional characteristics in the production of table
  wines , Member States should be able to make compulsory, dispense with or restrict
  the use of   optional particulars to describe any table wines and not                       ^
  wines the    description of whioh inoludes a geographical reference ; whereas this
  has proved   particularly necessary where information is given concerning types of
  table wine   characterized by their residual sugar oontent ;
  Whereas there should be no risk of oonfusion between the name or business name
  of the bottler , the consignor or any natural or legal person involved in the
  commercial distribution of a wine and the name of a speoifio region within the
  meaning of Article 2 of Regulation (EEC ) No 817/70 ? whereas in this oase pro­
  vision must be made for the abovementioned information to be given by means of
  a code ;
 Whereas , pursuant to the second subparagraph of Article 12(3 ) of Regulation (EEC )
 No 8I7/7O , the list of names of specified regions which may be used until 31 Au­
  gust 1981 should be supplemented ;
 Whereas Artioles 9 , 19 and 35 of Regulation (EEC ) NO 2133/74 specify the obliga­
 tory and optional information for the description of table wines , cjuality wines
 produced in specified regions and imported wines whioh must be given on the offi­
 cial documents and registers , where such information appears or is intended to
"appear on the labels ; whereas certain characteristics to which this information
 refers , namely          the residual sugar content and the particular colour , oan
 change with time ; whereas , therefore , there seems to be no justification for
 maintaining the requirement that such particulars be entered in the documents and
 registers in order to be able to appear on the labels , particularly since these
 are characteristics which can easily be checked without reoourse to documents ;
                                                                              ./
 ---pagebreak---   Whereas Artiole 12 of that same Regulation provides for the optional use on the
  labels of the term " q.w.p.s.r." or of the appropriate specific details of a trar-
  ditional kind as laid down in the Member State ooncemed 5 whereas , in order to
  provide the consumer with more information, in particular in Member States other
  than the producer State and in nonr-member countries , the term " q.w.p.s.r." should
 "be made compulsory , although the use of specific details of a traditional kind
  should also "be permissible j
 Whereas experience has shown that on commercial documents information concerning
 products other than a table wine or a q.w.p.s.r. is only necessary where accom­
 panying documents have not "been drawn up ; whereas Article 26(l ) of Regulation
 (EEC ) Wo 2133/74 should therefore "be amended accordingly ;
 Whereas , to take aocount of modern commercial accounting techniques and to faci­
 litate the task of the "bodies which the Member States have made responsible for
 ensuring compliance with the Community rules on wine , the giving of information
by means of a code should "be made possible in the case of all products which must
"be described in accordance with Regulation (EEO ) NO 2133/74 i whereas the need for
 rapid   identification of such a code will justify Community rules for its use ;
Whereas Regulation (EEC ) NO 2133/74 provides for the compulsory naming of the
 importer ; whereas , in the case of a product imported in bulk and divided into
 several consignments and distributed to various persons , provision should be made
for the compulsory naming of the consignor instead of the importer , in order to
provide the consumer with mor« information and to facilitate the task of the su­
pervisory authorities ;
Whereas Article 41 of Regulation (EEC ) NO 2133/74 defines what is meant by label­
ling ; whereas it should be stated that such definition excludes non–removable
particulars which appear on the container itself and refer to that container and
not to the product contained therein ; whereas particulars used by the bottler
for the purpose of checks to be carried out on his premises should also be exclu­
ded from the definition of labelling, since they are not addressed to the consumer ;
                                                                             ./
 ---pagebreak---  Whereas the German version of Article 43 of Regulation (EEC ) No 2133/74 should,
he amended so that it is fully in line with the other versions s
HAS ADOPTED THIS REGULATION l
                                    Article 1
            The following sentenoe is added to Article 2(3)(i ) of Regulation (EEC )
No 2133/74 t
"The rules shall provide that these terms he used in conjunction with a specifio
  geographical reference to a region of production conferring typical characte­
  ristics on the wine "*
                                    Article 2
           Article 3(2 ) of Regulation (EEC ) No 2133/ 74 is amended to read as fol­
lows :
" 2 « In the case of table wines obtained on their territory, Member States may
      make compulsory, dispense with or restrict the use of certain particulars
      referred to in Article 2(2 ) and ( 3 )"»
                                    Artide 3
1.         Article 3(4) and (5 ) of Regulation (EEC ) NO 2133/74 IS amended to read
     as follows :
     "4.   In the case of table wines distributed in their territory, the Member
           States may allow the information concerning the bottler or consignor
           laid down in Article 2(l)(c ) to be given on the label in the form of a
           code , on condition that the information referred to in Article 2(2 )( o )
           is also given*
 ---pagebreak---    5.    In the case of a table wine other than that referred to in the second,
         indent , it shall be prohibited to give the. name or "business name of the
        "bottler , of the consignor or of any natural or legal person involved in
         the commercial distribution of a table wine , or of any group of such
         persons , if it includes all or part of the name
        – of a specified region within the meaning of Article 2 of Regulation
           (EEC ) No 817/70 , or
        – of a region    of production reserved for the description of a table
           wine to which may "be applied one of the terms " Landwein","vin de pays"
           or "vino tipico" referred to in Article 2 ( 3 ) ( i )»
       However in the case of table wines distributed on their territory , Mem­
        ber States may authorize such information to be given :
        a) in the form of a code , provided that it is accompanied by the infor­
            mation which is referred to in Article 2(2)(c ) and which is not pro­
            hibited by the preceding sub-paragraph , or
       b ) where they have determined the size of the letters to be used for
            this information so as to avoid any confusion concerning the geograr-
            phical origin of the wine".
       Article 13 of Regulation (EEC ) No 2133/74 is amended to read as follows x
a ) paragraph 4 is amended to read as follows :
"4*    In the case of q.w.p.s.r# distributed in their territory , Member States
       may allow the information concerning the bottler or consignor laid down
       in Article 12(l)(d ) to be given on the labelling in the form of a code ,
       on condition that the labelling includes the information referred to in
       Article 2(2)(c )".
b ) the following paragraph is added after paragraph 4 *
"4a«   In the case of a q.w.p.s.r . other than that referred to in the first
       indent , it shall be prohibited to give the name or business name of
       the bottler , of the consignor or of any natural or legal person invol­
       ved in the commercial distribution of the q«w»p.s.r « or of any group of
       such persons , if it includes all or part «f the name .
                                                                          •/
 ---pagebreak---  - of a specified region within the meaning of Article 2 of Regulation
    (EEC ) No 817/70 and does not originate in that region , or
 – of a region of production reserved for the description of a table
   wine to which may "be applied one of the terms " Landwein", "vin de
   pays" or "vino tipico" referred to in Artiole 2(3 )(i )•
However , in the case of q.w.p.s.r . distributed on their territory , Mem­
ber States may authorize suoh information to be given :
a) in the form of a code , provided that it is accompanied by the informa­
     tion which is referred to in Article 12(2)(d ) and which is not prohi– ■
    bited by the preceding sub–paragraph , or
b ) where they have determined the size of the letters to be used for
     this information so as to avoid any oonfusion concerning the geogra­
     phical origin of the wine ."
Article 30 ( 6 ) of Regulation (EEC ) No 2133/74 is amended to read as fol­
ia the case of products distributed on their territory , Member States
may allow the information concerning the bottler or consignor laid down
in Articles 27(i)(c ), 28(l)(c ) and 29(1 )(d ) to^be given on the labelling
in xhe form of a code , on condition that the labelling includes the
information referred to in Articles 27(2)(c ). 28(2)(h ) and 29(2 )".
                       .  _       »
                           Article 4
Article 4(3 ) of Regulation (EEC ) No 2133/74 is amended as follows :
The first subparagraph      is amended to read as follows :
The use of one of the names referred to in paragraph 1 to describe a
table wine shall be subject ot the condition that it cannot be identified
 ---pagebreak---                                                                                    7.
            - either with the name of a region of production of another table wine
               to which the Member State concerned has ascribed one of the terms
               " Landwein", "vin de pays" or "vino tipico",
            - or with the set of particulars giving the geographical designation
               of a q.w.p.s.r. named after the specified region, or , where appro­
               priate , named in aocordance with the provision of Article 14(1 ),
            - or with the description of an imported wine referred to in Article 28 ,
             and that there is no risk of confusion with a q.w.p.s.r . or with an
             imported wine .
 2.         The word " Isohia" is added to the list in the second subparagraph .
                                      Article 5
                                                   1
            Article 9(2)(d), Article 19(2)(o ) and Article 35 ( 2 ) ( e ) of Regulation
 (EEC ) No 2133/74 are eaoh amended to read as follows t
"a statement as to the method of production or the type of product , except as
  to the residual sugar content".
                                      Article 6
            Article 12 of Regulation (EEC ) NO 2133/74 IS amended as follows :
a) the text of paragraph l(b ) is amended to read as follows :
    "b ) the Community term "quality wine produced in a specified region" or
         " q.w.p.s.r."
b ) the text of paragraph 2(i ) is amended to read as follows J
    Mi ) specific details of a traditional kind as referred to in Artiole 12(2 ) of
         Regulation (EEC ) No 8I7/7O ;
     j ) additional details of a traditional kind, provided that they are used in
         the manner prescribed by the lawE of the producer Member State and are
         entered in a list to be drawn up
 ---pagebreak---                                                                              8.
                                    Article 7
            Article 26 of Regulation (EEC ) NO 2133/74 IS amended as follows :
 1 . Paragraph 1 is amended to read as follows :
      "1.  Where no accompanying document has been drawn up for a product other
           than a table wine or a q.w.p.s.r., the description in the commercial
           documents referred to in Article l(2)(c ) shall include at the very
           least the information referred to in Article 24(1 )"•
2 . The following paragraph is added after paragraph 5 J
     "6.   In the case of products other than table wines or q.w.p.s.r. distributed
           in their territory , the Member States may permit the information referred
           to in Article 22 to be entered on commercial documents by weans of a
           code . This code must be such that the body responsible for inspections
           can rapidly identify the description of the product concerned".
                                    Article 8
1*         The third indentsof Article 27(l)(o ) and of Article 28(l)(c ) of Regu­
     lation (EEC ) NO 2133/74 ARE amended to read as follows :
                 «
                 m
     " –   are put up in other containers :
           • the name or business name of the importer and of the local adminis­
             trative area or part thereof where his head offices are situated , or
           • if the importer and consignor are not the same , the name or business
             name of the consignor and the local administrative area or part the­
             reof where his head offioes are situated."
                                                                             ./•
 ---pagebreak---                                                                                9
2.           Article 29(l)(d) of Regulation (EEC ) NO 2133/74 is amended to read as
     follows t
      " the name or business name of the importer and the local administrative area
        or part thereof in which his head offices are situated , or , where the impor­
        ted product is put up in containers with a nominal volume of more than 60
        litres and where the importer and consignor are not the same , the name or
       ■business name of the consignor and the local administrative area or part
     thereof where his head offices are situated."
                                      Article 9
             The following subparagraph is added to Artiole 38 of Regulation ( EEC )
No 2133/74 :
"4. In the case of imported wines distributed on their territory, Member States
       may allow the information referred to in Articles 27 , 28 and 29 to be given
       in the commercial documents by means of a code . The code must be such that
       the body responsible for inspections can rapidly identify the description of
       the table wine concerned".
                                      Article 10
             Article 4l(l ) of Regulation (EEC ) NO 2133/74 IS amended to read as fol­
lows :
" 1 . For the purpose of Titles I and II of this Regulation, labelling shall be
       understood to mean all descriptions and other references , signs , designs or
       brand names which distinguish the product and which appear on the same con­
       tainer, including its sealing device or other coverings , and on the tag
       attached thereto .
       Particulars , signs and other references are not part of the labelling if they
   – axe laid down by the tax provisions of Member States , or
   – refer to the manufacturer or to the nominal volume of the container and are
        inscribed directly and indelibly on the container , or
   – axe used by the bottler for his own internal checks and axe indicated in a
        manner to be laid down .
                                                                               •/.
 ---pagebreak---                                                                                 10 .
                                      Article 11
             The German version of Article 43 of Regulation (EEC ) NO 2133/74 IS
 amended to read as follows :
 " 1 . Bezeichnung und Aufmachung von in Artikel 1 Absatz 3 genannten Erzeugnissen ,
       einschliesslich jeder Art von Werbung, dUrfen nicht geeignet sein Verwechs­
       lungen Uber die Art , den Ursprung und die Zusajnmensetzung des Erzeugnisses
       hinsichtlich der in den Artikeln 2 , 12 , 27 , 28 und 29 genannten Angaben
       hervorzurufen .
  2 . Bezeichnung und Aufnachving in der Werbung darf nicht zu einer Irreführung
       Uber das Erzeugnis geeignet sein, insbesondere
       – Uber die Art des Erzeugnisses , die Farbe , den Ursprung , die Qualitäten
         stufe , die Rebsorte , den Jahrgang und den Inhalt der Behältnisse ;
       – Uber die Identität oder die Eigenschaft der natürlichen oder juristischen
         Personen oder Personenvereinigungen, die an der Herstellung oder der Vex*-
         marktung des Erzeugnisses beteiligt sind oder waren."
                                      Article 12
            The following article is added after Article 43 of Regulation (EEC )
 No 2133/74 :
 "Article 43a
  If necessary , rules may be adopted to govern the use of :
  – the codes referred to in Article 3(4) » Article 13(4 ) and Article 30(6 ) ;
  – the codes referred to in Article ll(3 )» Artiole 2l ( 3 ) » Article 26(6 ) and
 . Article 38(4 ) J
  – the control numbers referred to in Article 12(2 )."
                                      Article 13
            This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
            This Regulation shall be binding in its entirety and directly applica­
ble in all Member States .
Done at Brussels ,                                                For the Council
                                                                   the President