CELEX: 51983PC0155(02)
Language: en
Date: 1983-03-21
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN GENERAL RULES FOR THE DESCRIPTION AND PRESENTATION OF SPARKLING WINES AND AERATED SPARKLING WINES

5. 5. 83                              Official Journal of the European Communities                                No C 120/3
                                                                  II
                                                           (Preparatory Acts)
                                                    COMMISSION
                Proposal for a Council Regulation:
                 I. amending Regulation (EEC) No 358/79 on sparkling wines produced in the
                     Community and defined in item 13 of Annex II to Regulation (EEC) No 337/79
                II. laying down general rules for the description and presentation of sparkling wines and
                     aerated sparkling wines
                                 (Submitted by the Commission to the Council on 21 March 1983)
                                                                   I
                Proposal for a Council Regulation amending Regulation (EEC) No 358/79 on sparkling
                wines produced in the Community and defined in item 13 of Annex II to Regulation
                                                          (EEC) No 337/79
THE COUNCIL OF THE EUROPEAN                                            provisions of which are now contained in Regulation
COMMUNITIES,                                                           (EEC) No . . . / . . , should be deleted,
Having regard to the Treaty establishing the
European Economic Community, and in particular                         HAS ADOPTED THIS REGULATION:
Article 43 thereof,
                                                                                                    Article 1
Having regard to the proposal from the Commission,
                                                                       Article 8 of Regulation (EEC) No 358/79 is hereby
Having regard to the opinion of the European Par-                      deleted.
liament,
                                                                                                    Article 2
Whereas, for reasons of clarity and logic, Article 8 of
                                                                       This Regulation shall enter into force on 1 September
Council Regulation (EEC) No 358/79 0 , the
                                                                        1984.
                                                                       This Regulation shall be binding in its entirety and
(') O J N o L 5 4 , 5. 3. 1979, p. 130.                                directly applicable in all Member States.
                                                                   II
                Proposal for a Council Regulation laying down general rules for the description and
                                    presentation of sparkling wines and aerated sparkling wines
THE COUNCIL OF THE EUROPEAN                                            ization of the market in wine ('), as last amended by
COMMUNITIES,                                                           Regulation (EEC) No 3082/82 (2), and in particular
                                                                       Article 54 (1) thereof,
Having regard to the Treaty                   establishing    the
European Economic Community,
Having regard to Council Regulation (EEC) No                           (') O J N o L 5 4 , 5. 3. 1979, p. 1.
337/79 of 5 February 1979 on the common organ-                         O OJ No L 326, 23. 11. 1982, p. 1.
 ---pagebreak---  No C 120/4                              Official Journal of the European Communities                            5.5.83
Having regard to the proposal from the Commission,               Whereas, in order not to interfere with customary
                                                                 practice and in order to establish conditions for fair
Whereas Article 54 of Regulation (EEC) No 337/79                 competition on the market in sparkling wines, aerated
 makes provision for the adoption of general rules for           sparkling wines and other sparkling beverages, precise
the description and presentation of products in the              rules should be laid down regarding the manner in
wine sector; whereas Council Regulation (EEC) No                 which mandatory information and some optional
 355/79 of 5 February 1979 laying down general rules             items of information are given;
 for the description and presentation of wines and
 grape musts ('), as last amended by Regulation (EEC)            Whereas the characteristic features of sparkling and
 No 3685/81 (2), does not apply to sparkling wines or            aerated sparkling wines are determined principally by
 aerated sparkling wines; whereas rules should be                natural and technical factors at all stages from the
 established for the description and presentation of the         cultivation of the vine to the wine-making process;
 latter products;                                                whereas, therefore, in order to ensure uniform
                                                                 treatment of these products, conditions should be
                                                                 defined — as for wine — under which the name of a
Whereas the purpose of description and presentation
                                                                 Member State or the adjective derived from that
 should always be to provide potential buyers and
                                                                 name may be used in combination with the name of
public bodies responsible for organizing and
                                                                 the product;
supervising the marketing of the products concerned
with sufficiently clear and accurate information to
enable them to form an opinion of the products;                  Whereas the presentation of sparkling and aerated
whereas rules should therefore be drawn up to ensure             sparkling wines traditionaly includes special features,
that this purpose is served;                                     such as the form of the closure, which distinguish
                                                                 these products from other beverages; whereas rules
                                                                 should therefore be laid down regarding the
Whereas, in the case of descriptive items, a distinction         appearance of these special features;
should be made between mandatory information
needed to identify a sparkling or aerated sparkling              Whereas provision should be made for the adoption
wine and optional information designed mainly to                 of transitional arrangements to facilitate the
indicate the intrinsic qualities of a product or to              changeover from national to Community rules on
distinguish it clearly from other, competing products            description and presentation, in particular so that
on the market in sparkling and aerated sparkling                 products which comply with national rules on
wines; whereas, in order to facilitate the marketing of          description and presentation applying before the entry
the said products, it should be left to the parties              into force of this Regulation, but not with the new
concerned to choose the optional information they                Community rules, may be marketed,
wish to include, without provision of an exhaustive
list; whereas the choice of optional information
should nevertheless be restricted to details which are
not inaccurate or liable to create confusion in the
minds of those for whom the information is intended;
                                                                 HAS ADOPTED THIS REGULATION:
Whereas Council Directive 79/112/EEC of 18
December 1979 on the approximation of the laws of                                       Article 1
the Member States relating to the labelling, pres-
entation and advertising of foodstuffs for the sale to           1.    This Regulation lays down general rules for the
the ultimate consumer (3) has been amended by                    description and presentation of:
Directive . . . / . . (4); whereas the amendment includes
a requirement for labels on products containing more             (a) the sparkling wines defined in item 13 of Annex
than 1,2 % by volume of alcohol to specify the                       II to Regulation (EEC) No 337/79 originating in
ingredients and alcoholic strength; whereas, in the                  the Community;
case of products of the wine sector, provision is also
made for the ingredients and alcoholic strength to be            (b) the aerated sparkling wines originating in the
indicated in accordance with specific provisions;                    Community defined in item 14 of Annex II to
                                                                     Regulation (EEC) No 337/79;
                                                                 (c) the sparkling wines defined in Article 2 of
                                                                     Council Regulation (EEC) No 339/79 (s) ori-
(')  OJ No L 54, 5. 3. 1979, p. 99.                                  ginating in non-member countries; and
(*)  OJ No L 369, 24. 12. 1981, p. 1.
O    O J N o L 3 3 , 8.2. 1979, p. 1.
(4)  Proposal for an amending Directive published in
     OJNoC281,26. 10. 1982, p. 3.                                O OJ No L 54, 5. 3. 1979, p. 57.
 ---pagebreak--- 5.5.83                                Official Journal of the European Communities                              No C 120/5
(d) the aerated sparkling wines defined in Article 2 of           (b) the nominal volume of the product, in accordance
     Regulation (EEC) No 339/79 originating in non-                     with Council Directive 75/106/EEC ( 3 );
      member countries.
                                                                   (c) the actual alcoholic strength, by volume, in
The sparkling wines referred to in the preceding                        accordance with Article 4 (3);
subparagraph under (a) shall comprise:                             (d) the residual sugar content of the product, in
— the sparkling wines referred to in Title II of                         accordance with Article 4 (4);
     Council Regulation (EEC) No 358/79 (»),                       (e) the ingredients, in accordance with Article 4 (5).
— the quality sparkling wines referred to in Title III             2.      In the case of the products referred to in Article
     of the same Regulation, and                                   1 (1) (a) and (b), the description on the labelling shall
— the quality sparkling wines produced in specified                include, in addition to the information specified in
     regions referred to in the fourth paragraph of               paragraph 1, the name or business name of the
     Article 1 of Council Regulation (EEC) No                      producer and the names of the commune and
     338/79 (2), hereinafter called 'quality sparkling             Member State in which the producers' head office is
     wines psr\                                                    situated, in accordance with Article 4 (6).
                                                                   In the case of quality sparkling wines psr, the
2.      The rules referred to in paragraph 1 shall apply
                                                                   description on the labelling shall also include the
to the description of the products there indicated:
                                                                   name of the specified region in which the grapes used
(a) on labels;                                                     to make the product were harvested.
(b) in registers and in the accompanying and other                 In the case of the quality sparkling wines of the
      documents prescribed by Community legislation,               aromatic type referred to in Article 18 of Regulation
      hereinafter called 'official documents', other than          (EEC) No 358/79, the description on the labelling
      customs documents;                                           shall also include the following information:
(c) in commercial documents, particularly in invoices             — either the name of the vine variety from which
      and delivery notes; and                                           they were obtained,
(d) in advertising material, in so far as special                 — or the words 'produced from aromatic varieties of
     provision is made for such purpose in this Regu-                   grape'.
      lation.
                                                                   3.      In the case of the products referred to in Article
3.      The rules referred to in paragraph 1 shall apply            1 (1) (c) and (d), the description shall include the
to the presentation of the products there indicated in             following information in addition to the information
respect of:                                                        specified in paragraph 1:
(a) containers, including the closure;                             (a) the name or business name of the importer and
(b) labelling;                                                           the names of the commune and Member State in
                                                                         which the importer's head office is situated, in
(c) packaging.                                                           accordance with Article 4 (7),
4. The rules referred to in paragraph 1 shall apply to             (b) the name or business name of the producer and
products held for sale and to products put on the                        the names of the commune and non-member
market.                                                                  country in which the producer's head office is
                                                                         situated, in accordance with Article 4 (6).
                             TITLE I                                                            Article 3
                           Description                              1.     In the case of products referred to in Article
                                                                    1 (1), the description on the labelling may be
                             Article 2                             supplemented by other particulars, provided that:
 1.     In the case of the products referred to in Article         — they are not liable to mislead the persons for
 1(1), the description on the labelling shall include the               whom the information is intended, particularly as
following information:                                                   regards the mandatory information specified in
                                                                        Article 2 and the optional information specified in
 (a) the product category, in accordance with Article                   Article 5,
      4(2);
                                                                   — where appropriate, the provisions of Article 5 are
                                                                         observed.
(') O J N o L 5 4 , 5. 3. 1979, p. 130.
 (2) OJ No L 54, 5. 3. 1979, p. 48.                                (>) O J N o L 4 2 , 15. 2. 1975, p. 1.
 ---pagebreak--- N o C 120/6                           Official Journal of the European Communities                               5.5.83
2.     It shall be for the producer or the importer to        — 'brut':
prove the accuracy of any information used to                     if the residual sugar content is less than 15 g/1,
describe a product as referred to in Article 1 (1),
when requested to do so by the authority responsible          — 'extra dry':
for the application of this Regulation.                           if the residual sugar content is between 12 and
                                                                  20 g/1,
                                                              — 'dry':
                                                                  if the residual sugar content is between 17 and
                          Article 4
                                                                  35 g/1,
 1.    The items of information specified in Article 2:
                                                              — 'semi-dry':
— shall appear together within the same visual field              if the residual sugar content is between 33 and
    on the container, and                                         55 g/1,
— shall be presented in clear, legible and indelible          — 'sweet':
    characters which are large enough to stand out                if the residual sugar content is more than 50 g/1.
    well from the background on which they are
    printed and to be distinguished clearly from other
    written or pictorial matter.                              If the residual sugar content of the product justifies
                                                              the use of two of the terms specified in the preceding
2.     The product category referred to in Article            subparagraph, the producer or importer must choose
2(1) (a) shall be indicated by one the following              to use one such term only.
expressions:
(a) in the case of a sparkling wine as referred to in         Notwithstanding Article 2 (1), it shall not be
     Title II of Regulation (EEC) No 358/79,                  compulsory to indicate the residual sugar content of
     'sparkling wine':                                        the quality sparkling wines psr produced in Italy,
                                                              referred to in the second subparagraph of Article 12
(b) in the case of a quality sparkling wine as referred       (5) of Regulation (EEC) No 338/79.
     to in Title III of Regulation (EEC) No 358/79,
     'quality sparkling wine';
(c) in the case of a quality sparkling wine psr,              5.    Only the ingredients listed below shall be
     'quality sparkling wine produced in a specified          indicated on the labelling of the products referred to
     region' or 'quality sparkling wine psr' or a             in Article 1 (1), provided they have been used in the
     specific traditional term assigned by the Member         wine-making process or added to such product:
     State in which production took place and
     contained in a list to be drawn up, or two of            — wine,
     these expressions used in combination;
                                                              — concentrated grape must,
(d) in the case of a sparkling wine originating in a
                                                              — rectified concentrated grape must,
     non-member country, 'sparkling wine';
                                                              — sucrose,
(e) in the case of an aerated sparkling wine orig-
     inating in the Community or in a non-member              — sulphur dioxide (E 220 ),
     country, 'aerated sparkling wine'.
                                                              — potassium metabisulphite (E 224 ),
The designation referred to in the preceding subpara-
graph under (e) shall be given in characters at least         — sorbic acid (E 200 ),
8 mm high.
                                                              — potassium sorbate (E 202 ),
                                                              — L-ascorbic acid (E 300 ),
3.     The actual alcoholic strength referred to in
Article 2 (1) (c) shall be indicated by the                   — citric acid (E 330 ),
corresponding figures, rounded to the nearest unit,
followed by the symbol ' % vol'.                              — tartaric acid (E 334 ).
                                                              The labelling of products originating in non-member
4.     The residual sugar content of the product, as
                                                              countries, as referred to in (c) and (d) of the first
referred to in Article 2 (1) (d), shall be indicated by
the term:                                                     subparagraph of Article 1 (1), shall also indicate the
                                                              ingredients within the meaning of Article 6 (4) of
— 'extra brut':                                               Directive 79/112/EEC which are not listed in the
    if the residual sugar content is between 0 and            preceding subparagraph and have been used in the
    6 g/1,                                                    wine-making process or added to such products.
 ---pagebreak--- 5.5.83                            Official Journal of the European Communities                              N o C 120/7
Indication of the ingredients on the labelling shall be:       (c) all the grapes from which the product was
                                                                   obtained came from that geographical unit;
(a) by designating their category followed by their
      specific name or EEC number in the case of               (d) in the case of quality sparkling wines psr, the
                                                                    geographical unit is situated within the specified
      ingredients in the categories listed in Annex II to
                                                                    region whose name the wine bears;
      Directive 79/ 112/EEC;
                                                               (e) in the case of quality sparkling wines, the name
(b) preceded by the phrase 'produced using the                      of that geographical unit is not laid down for
      following ingredient(s):'.                                    describing a quality sparkling wine psr.
6.      The producer of a product referred to in Article       Notwithstanding the provision contained in the
1 (1) means the natural or legal person or group of           preceding subparagraph under (c), Member States
persons by whom, or on whose behalf, production is             may authorize use of the name of a geographical unit
carried out. Production means the processing of fresh          smaller than a specified region to supplement the
grapes, grape musts and wines into a product referred          description of a quality sparkling wine psr if at least
to in Article 1(1).                                            85 % of the product was obtained from grapes
                                                               harvested in that unit.
The name or business name of the producer and the
names of the commune and Member State in which
the producers' head office is situated shall be given in
full.                                                         2.      The name of a vine variety may be used only to
                                                              supplement the description of:
Where the product has been produced on behalf of a            — a quality sparkling wine psr,
producer, the name or business name of the person
who has actually carried out production, and the              — a quality sparkling wine whose description
names of the commune and Member State or non-                      contains the name of a geographical unit,
member country where production has taken place, if
indicated, may be given in full on one line or in code.       — a sparkling wine operating in a nonrmember
                                                                   country whose description contains the name of a
                                                                   geographical unit.
7.      The name or business name of the importer and
the names of the commune and Member State in                  Use of the name of a vine variety shall be allowed
which the importers' head office is situated shall be         only if:
indicated on one line in characters of the same type,
size and colour.                                               (a) at least 85 % of the product was obtained from
                                                                   grapes belonging to the variety in question, with
                                                                   the exception of the products contained in the
                                                                    'liqueur de tirage' or the 'liqueur d'expedition';
                          Article 5
                                                               (b) the cultivation of the variety and its use for the
 1.     The name of a geographical unit other than a                products which were obtained from it conform to
 specified region, and smaller than a Member State or               Community provisions or to the provisions of the
 a non-member country, may be used only to                          non-member country in which the grapes used
 supplement the description of:                                     were harvested;
                                                               (c) the name used appears:
 — a quality sparkling wine psr,
                                                                   — in the classification of vine varieties adopted
 — a quality sparkling wine, or                                         pursuant to Article 31 (4) of Regulation
                                                                         (EEC) No 337/79 or, in the case of products
 — a sparkling wine originating in a non-member                         originating in non-member countries, on a list
      country.                                                           of vine varieties officially adopted or
                                                                         recognized in the non-member country in
                                                                        which the grapes were harvested, or
 Use of such name shall be allowed only if:
                                                                    — where applicable, on a list of synonyms to be
 (a) it conforms to the rules of the Member State or                     drawn up;
       non-member country in which the sparkling wine          (d) the variety has a preponderant effect on the
       was produced;                                                 nature of the product in question;
 (b) the geographical      unit in question     is exactly     (e) the name of the variety cannot be confused with
       defined;                                                      the name of a specified region or geographical
 ---pagebreak--- N o C 120/8                           Official Journal of the European Communities                              5.5.83
     unit used to describe another wine produced in           — a quality sparkling wine psr,
     the Community or imported.
                                                              — a quality sparkling wine, or
However, in the case of quality sparkling wines psr           — a sparkling wine originating in a non-member
produced in their territory, Member States may                    country whose description contains the name of a
prescribe that the vine variety may be indicated only             geographical unit.
if the product was obtained entirely form grapes of
the variety in question.
                                                              Use of these expressions shall be allowed only if the
                                                              product:
3.     The term 'reserve', whether or not combined
with other terms, may be used only to describe:               (a) was made sparkling by alcoholic fermentation in
                                                                  the bottle;
— a quality sparkling wine psr,
                                                              (b) has spent at least nine months without inter-
— a quality sparkling wine, or                                     ruption in the bottle in contact with the lees; and
                                                              (c) was separated from the lees by disgorging.
— a sparkling wine originating in a non-member
    country whose description contains the name of a
    geographical unit.                                        6.    The vintage year may be used only in the
                                                              description of:
Use of this term shall not be allowed:                        — a quality sparkling wine psr,
— in the case of the quality sparkling wines psr              — a quality sparkling wine, or
    produced in Italy, referred to in the second
                                                              — a sparkling wine originating in a non-member
    paragraph of Article 12 (5) of Regulation (EEC)
                                                                  country whose description contains the name of a
    No 338/79, unless the product spent at least six
                                                                  geographical unit.
    months without interruption in contact with the
    lees,                                                     Reference to the vintage year shall be allowed only if
                                                              at least 85 % of the product was obtained from
— in the case of the other products referred to in the        grapes harvested in the year in question, with the
    preceding subparagraph, unless the product spent          exception of the products contained in the 'liqueur de
    at least nine months without interruption in              tirage' or the 'liqueur d'expedition'.
    contact with the lees.
                                                              However, Member States may prescribe that the
4.     The expression 'bottle-fermented' may be used          vintage year may be given for quality sparkling wines
only to describe:                                             psr produced in their territory only if the product was
                                                              obtained entirely from grapes harvested in the year in
— a quality sparkling wine psr,                               question, with the exception of the products
                                                              contained in the 'liqueur de tirage' or the 'liqueur
— a quality sparkling wine, or                                d'expedition'.
— a sparkling wine originating in a non-member
    country whose description contains the name of a          7.    Reference to superior quality or to a method
    geographical unit.                                        of production, other than those referred to in
                                                              paragraphs 3, 4 and 5, shall be allowed only in the
                                                              case of:
Use of this expression shall be allowed only if the
product:                                                      — a quality sparkling wine psr,
                                                              — a quality sparkling wine, or
(a) was made sparkling by alcoholic fermentation in
     the bottle;                                              — a sparkling wine originating in a non-member
                                                                  country.
(b) spent at least six months without interruption in
     the bottle in contact with the lees; and                 Such references shall be subject
(c) was separated from the lees by filtering using the        (a) in the case of quality sparkling wines and quality
     decantation method or by disgorging.                          sparkling wines psr:
                                                                   — to conditions to be laid down in implementing
5.     The expression 'Champagne method' or 'bottle-                   provisions, which may provide for chemical
fermented by the Champagne method' shall be used                       analysis and organoleptic examination of each
only to describe:                                                      batch,
 ---pagebreak--- 5.5.83                           Official Journal of the European Communities                              No C 120/9
    — or, in the absence of such implementing                — the particulars specified in Article 5 (2), (3), (4)
        provisions, to conditions laid down by the               and (6) to be used to describe a sparkling wine
        Member State in which the product was                    originating in a non-member country whose
        produced;                                                description does not contain the name of a geo-
                                                                 graphical unit, if the provisions of that non-
(b) in the case of sparkling wines originating in non-           member country are substantially equivalent to
    member countries, to the condition that such                 those contained in the abovementioned provisions.
    references are employed on the internal market of
    the non-member country in which production               4.     The information specified in Articles 2 and 3
    took place in accordance with the national rules         shall be given in one or more of the official languages
    of that country and are employed on the                  of the Community. In the case of products put on the
    Community market in accordance with the rules            market in their territory, Member States may allow
    which may be laid down as necessary in the               this information to be given also in a language other
    implementing provisions.                                 than an official language of the Community where
                                                             the use of such language is traditional and customary
                                                             in the Member State concerned or in a part of its
Expressions referring to superior quality may be
                                                             territory.
limited to those contained in a list to be laid down in
the implementing provisions.
                                                             However:
8.    The expression 'blanc de blancs' or equivalent         (a) in the case of quality sparkling wines psr and
expressions may be used only for products obtained                quality sparkling wines, the official language of
from grapes belonging to vine varieties listed as white           the Member State in whose territory production
grape varieties in the classification drawn up pursuant           took place shall be used:
to Article 31 (4) of Regulation (EEC) No 337/79.
                                                                  — for the name of the specified region, as
                                                                      referred to in the second subparagraph of
9.    A Member State or non-member country may                        Article 2 (2),
not be indicated by the use of its name, or of the
adjective derived from its name, in combination with              — for the name of another geographical unit, as
the name of the product unless the product is made                    referred to in Article 5(1),
exclusively from grapes harvested and processed into              — for an expression indicating superior quality,
wine on the territory of the Member State or non-                     as referred to in Article 5 (7);
member country in which it has been produced.
                                                             (b) in the case of products originating in non-
                                                                  member countries,
                        Article 6
                                                                  — the use of an official language of the non-
                                                                      member country in which production took
1.    Each Member State shall accept the description                  place shall be allowed, provided that the
of products as referred to in Article 1 (1) which                     information specified in Article 2 (1) is also
originate in other Member States and are put on the                   given in an official language of the
market in its territory, provided that such description               Community,
conforms to Community rules and is allowed
pursuant to this Regulation in the Member State in                — the translation of some of the information
which the product was produced.                                       specified in Article 3 into an official language
                                                                      of the Community may be governed by
                                                                      implementing provisions.
2.    The term 'quality sparkling wine' may be
replaced by the term 'Sekt'. The term 'quality
sparkling wine produced in a specified region' or                                      Article 7
'quality sparkling wine psr' may be replaced by the
term 'Sekt bestimmter Anbaugebiete' or 'Sekt bA'.             1.    In the case of the products referred to in Article
                                                              1 (1), the description in the registers kept by
3.    The implementing provisions may allow:                 producers, in official documents and, where an
                                                             accompanying document is not made out, in
— the term 'sparkling wine', where used to describe          commercial documents, shall include:
    a sparkling wine originating in a non-member             — the mandatory information specified in Article 2
    country; to be replaced by the word 'Sekt' if the             (1) (a) and (d) and, as appropriate, (2) or (3);
    provisions of the non-member country where the
    product was produced are equivalent to those             — the information specified in Article 5, in so far as
    contained in Title III of Regulation (EEC) No                 it appears or is intended to appear on the
    358/79;                                                       labelling.
 ---pagebreak--- N o C 120/10                         Official Journal of the European Communities                               5.5.83
The description in registers kept by persons other           However, exceptions to (b) and (c) of the preceding
than producers shall include the information referred        subparagraph may be made in the implementing
to in the preceding subparagraph. In such cases, the         provisions in respect of the sale of quality sparkling
information referred to in the second indent may be          wines and quality sparkling wines psr between wine-
replaced in the registers by the number of the               makers in areas adjoining the place where the product
accompanying document and the date on which it               was made, provided that the designated authority can
was made out.                                                identify the wine rapidly by reference to registers or
                                                             equivalent documents.
2.    The information referred to in paragraph 1 may
be given in code. The code must be such as to enable         2.     For the purposes of this Regulation, labelling
the designated authority referred to in Article 64 (1)       shall mean all descriptions and other references,
of Regulation (EEC) No 337/79 to identify rapidly            symbols, illustrations and marks which serve to
the description of the sparkling wine concerned.             distinguish the product and which appear on the same
                                                             container, including the closure, tags attached to the
3.    The information referred to in paragraph 1 shall       container and the sheathing covering the neck of
be given in accordance with Articles 3, 4 and 5.             bottles.
                                                             Descriptive details, symbols and other marks shall not
                                                             form part of the labelling if they:
                        TITLE II
                      Presentation                           — are prescribed by the tax laws of the Member
                                                                  States,
                        Article 8                            — refer to the manufacturer or volume of the
The containers used for the production and storage                container and are inscribed directly and indelibly
of the products referred to in Article 1 (1) shall be             thereon,
marked in indelible writing, in such a way as to
                                                             — are used for monitoring bottling operations and
enable the designated authority to identify their
                                                                  are specified in detailed rules to be laid down,
contents rapidly by reference to registers or
equivalent documents.                                        — are used to identify the product by means of a
                                                                  code number or machine-readable symbol,
However, in the case of containers with a nominal
volume not exceeding 60 litres which are filled with         — refer to the price of the product concerned.
the same product and stored together in the same
batch, the batch as a whole may be marked instead of         3.     In so far as labelling is not governed by this
the individual containers, provided that the batch is        Regulation, it may be governed by implementing
clearly separated from other batches.                        provisions, in particular as regards:
                                                             (a) the positioning of labels on containers;
                        Article 9
                                                             (b) the minimum size of labels;
1.    The products referred to in Article 1 (1) may be
held for sale and put on the market only in glass            (c) the arrangement on labels of the various items
bottles which:                                                     comprising the description;
(a) conform with Directive 75/106/EEC;                        (d) the size of the characters on labels;
(b) are closed with:                                          (e) the use of symbols, illustrations and brand names.
    — a mushroom-shaped stopper made of cork or
        other material permitted to come into contact
        with foodstuffs, held in place by a fastening,                                Article 10
        surmounted by a cap and sheathed in foil
        completely covering the stopper and all or            1.    For the purposes of this Regulation, packaging
        part of the neck of the bottle,                       means protective wrappings such as paper, straw
                                                              envelopes of all kinds, cartons and cases, used in the
    — any other suitable closure in the case of
                                                              transport of one or more containers.
        bottles with a nominal content not exceeding
        0,20 litres;
                                                              2.    The packaging may not bear information
(c) bear labelling conforming to the provisions of this       relating to the packed product which does not comply
     Regulation.                                              with Articles 3, 4 and 5.
 ---pagebreak--- 5.5.83                           Official Journal of the European Communities                           No C 120/11
                        TITLE III                             The composite names referred to in the preceding
                                                              subparagraph shall be indicated on the labelling in
                    General provisions                        characters of the same type and colour and of a
                                                              height which enables them to stand out clearly from
                                                              other information.
                        Article 11
1.     The description of the products referred to in                                 Article 13
Article 1 (1) may not:
                                                              1.     Products as referred to in Article 1 (1), whose
(a) be liable to mislead the persons for whom they            description or presentation does not conform to the
    are intended, in particular:                              provisions of this Regulation or the detailed rules
                                                              adopted for its implementation, may not be held for
       (i) as regards the characteristics of the product
                                                              sale or put on the market in the Community or
           such as its nature, identity, quality,
                                                              exported.
           composition, quantity, storage life, origin or
           provenance and the method used in making           Derogations from the provisions of this Regulation
           it,                                                may be provided for in the implementing provisions
      (ii) by attributing to the product effects       or     in respect of the description of products as referred to
           properties which it does not possess,              in Article 1 (1) intended for export, where the
                                                              legislation of the importing non-member country so
     (iii) by suggesting that the product possesses           requires.
           special characteristics which are in fact
           possessed by all similar products;                 2.     The authority referred to in Article 64 (1) of
                                                              Regulation (EEC) No 337/79, of the Member State
(b) attribute to the product properties for preventing,       where the product is, shall decide on the use to be
    treating or curing human ailments or make                 made of products whose description or presentation
     allusion to such properties.                             does not conform to the provisions referred to in
                                                              paragraph 1 and shall, where appropriate, take the
2.     Paragraph 1 shall also apply:                          necessary steps to sanction the             infringement
(a) to the presentation of the products referred to in        committed according to its gravity.
    Article 1 (1), in particular as regards their shape
                                                              Such decisions and measures to be taken by the
     and design including the shape and design of the
                                                              authority referred to in the preceding subparagraph
     packaging used, the way in which they are sold
                                                              may include:
     and the setting in which they are displayed;
                                                              — authorization to hold the product in question for
(b) to the advertising of the said products.
                                                                  sale, to put it on the market in the Community or
                                                                  to export it, provided that its description or pres-
                                                                  entation is changed to conform to the provisions
                        Article 12                                referred to in paragraph 1,
 1.    The designations in Article 4 (2) and the term         — directions to deliver the product in question for
'Sekt' shall be used only for the products referred to            distillation, vinegar-making or other industrial
in Article 1 (1).                                                 uses,
2.     Without prejudice to provisions on the harmon-         — directions to return the product to the consignor,
ization of laws, paragraph 1 shall not affect the right
of Member States to allow as the description of a             — directions to destroy the product in question.
beverage:
— in the form of a composite name, the use of the
    expression 'sparkling wine' accompanied by the                                     Article 14
    name of a fruit falling within Chapter 8 of the
    Common Customs Tariff, where such beverage                Transitional arrangements shall be adopted in the
    was obtained by alcoholic fermentation of that             implementing provisions concerning:
    fruit,
                                                              — the putting on the market of products whose
— other composite names including the expression                   description and presentation do not conform to
    'sparkling wine', where such beverage was                      the provisions of this Regulation,
    obtained by alcoholic fermentation of a product
    referred to in the second subparagraph of Article          — the use of stocks of labels or other labelling
    48 (5) and the fourth subparagraph of Article 50               accessories printed or manufactured before the
    (3) of Regulation (EEC) No 337/79.                             date of entry into force of this Regulation.
 ---pagebreak---  N o C 120/12                         Official Journal of the European Communities                                    5.5.83
                        Article 15                                   This Regulation shall be binding in its entirety and
This Regulation shall enter into force on 1 September                 directly applicable in all Member States.
 1984.
             Amendment to the proposal for a Council Directive on crude oil-saving through the use
                                      of substitute fuel components in petrol (')
             (Submitted by the Commission to the Council pursuant to Article 149 (2) of the EEC Treaty
                                                         on 21 April 1983)
           TEXT PROPOSED BY THE COMMISSION
             OF THE EUROPEAN COMMUNITIES                                     TEXT AMENDED BY THE EUROPEAN PARLIAMENT
                                       Preamble and recitals unchanged
                         Article 1                                                            Article 1
Member States shall take all such steps as may be                    Member States shall take all such steps as may be
necessary to ensure that there are no legal or                       necessary to ensure that there are no legal or
administrative obstacles on their respective territories             administrative obstacles on their respective territories
to the production, sale, distribution and use of petrol              to the production, sale, distribution and use of petrol
blends containing organic oxygenates as substitute                   blends containing organic oxygenates as substitute
fuel components which are in conformity with the                     fuel components which are in conformity with the
technical Annex. Such blended fuels must be usable                   technical Annex. Such blended fuels must be usable
safely and with similar performance to current petrol                safely and with similar performance to current petrol
by vehicles propelled by spark-ignition internal                     by vehicles propelled by spark-ignition internal
combustion engines currently in use or being offered                 combustion engines currently in use or being offered
for sale without requiring any modification to such                  for sale without requiring any modification to such
vehicles.                                                            vehicles.
                                                                     Member States shall ensure consumer protection such
                                                                     that significant variations in the calorific value of
                                                                     blended fuels relative to unblended fuels are reflected
                                                                     in the price charged at the pump to the general public.
                                            A r t i c l e s 2 to 8 u n c h a n g e d
                                                    Annex unchanged
(*) OJ No C 229, 2. 9. 1982, p. 4.