CELEX: 31976R1168
Language: en
Date: 1976-05-17 00:00:00
Title: Council Regulation (EEC) No 1168/76 of 17 May 1976 amending Regulation (EEC) No 2133/74 laying down general rules for the description and presentation of wines and grape musts

No L 135/46                            Official Journal of the European Communities                            24 . 5 . 76
                                     COUNCIL REGULATION ( EEC) No 1168/76
                                                       of 17 May 1976
              amending Regulation ( EEC) No 2133/74 laying down general rules for the description
                                        and presentation of wines and grape musts
THE COUNCIL OF THE EUROPEAN                                      was involved in the commercial distribution of the
COMMUNITIES ,                                                    wine in question to be shown on the wine labels ;
                                                                 whereas , to the same end , permission should be
                                                                 given to add on the labels information concerning
Having regard to the Treaty establishing the Euro­               the natural or technical conditions governing the
pean Economic Community,                                         production and ageing of the wine in question ;
Having regard to Council Regulation ( EEC) No 816/
70 of 28 April 1970 laying down additional provisions            Whereas producer Member States and interested
for the common organization of the market in                     third countries should be authorized to use a specific
wine (x ), as last amended by Regulation ( EEC)                  term to accompany the name of the production
No 1160/76 (2), and in particular Articles 30 ( 1 )              area or the geographical ascription to describe table
and 39a (2) thereof,                                             wines and imported wines ; whereas the purpose of
                                                                 such a specific term, where it is given in the consu­
Having regard to Council Regulation ( EEC) No 817/               mer 's language, is to enable the consumer to recog­
70 of 28 April 1970 laying down special provisions               nize wines of a typically regional character amongst
relating to quality wines produced in specified                  the table wines on the market ; whereas it therefore
regions ( 3), as last amended by Regulation ( EEC)               seems appropriate to authorize Member States to
No 1161 /76 (4), and in particular Article 12 (3 )               allow this specific term to be given in one or more
thereof,                                                         of their official languages ;
Having regard to the proposal from the Commission ,
                                                                 Whereas the scope of some provisions should be
                                                                 broadened and certain others improved , particularly
Whereas Council Regulation ( EEC) No 2133 /74                    as regards trade with third countries ;
of 8 August 1974 laying down general rules for the
description and presentation of wines and grape
musts (3), as amended by Regulation ( EEC) No 1890/              Whereas , with a view to standardizing the descrip­
75 (6), is applicable as from 1 September 1976 ;                 tion and presentation of Community wines and
                                                                 grape musts intended for export to third countries ,
Whereas , in order to provide consumers with                     provision should be made for the possibility of
accurate information concerning the origin of                    laying down supplementary or derogating rules in
wines and grape musts resulting from a coupage                   respect of these products in so far as the legislation
of products originating in more than one Member                  of the third country concerned makes this necessary ;
State, it should be stated on the label that the pro­
ducts in question are from different Community
countries ;                                                      Whereas , in view of their different customs and
                                                                 traditional practices , Member States should be
Whereas, in order to provide consumers with                      permitted , pending implementation of Community
particular information, permission should be given               provisions on dietetic foodstuffs , to allow informa­
for information concerning the history of the wine               tion to be given as to the dietetic use of certain wines
in question, of the undertaking of the bottler or an             and grape musts ;
undertaking of a natural or legal person which
                                                                 Whereas, as regards certain information which
(4) OJ No L 99, 5 . 5. 1970, p . 1 .                             must be given in one of the official languages of
(2) See page 1 of this Official Journal.                         the Member State of origin , the use of another
(3) OJ No L 99, 5 . 5 . 1970, p . 20.                            official Community language as an alternative and
(4) See page 27 of this Official Journal.                        not only as an addition should be allowed if this
(5) OJ No L 227, 17. 8 . 1974, p. 1 .                            language is equated with the official language in
(6) OJ No L 193 , 25. 7. 1975 , p. 1 .                           the relevant part of the territory of the producer
 ---pagebreak---  24. 5 . 76                          Official Journal of the European Communities                              No L 135/47
Member State and where this practice is traditional                                 different countries of the European
and customary there ;                                                               Community" ;
Whereas , pursuant to the second subparagraph of                             (iii) table wine which was turned into
                                                                                    wine in a Member State other than that
Article 12 (3 ) of Regulation ( EEC) No 817/70, it
should be permissible until 31 August 1981 for                                      in which the grapes were harvested : the
the names of the specified regions given in a list                                  inscription " EEC";'
to be adopted to be used also to describe table
wines if this has been traditional and regular prac­           2 . The following shall be substituted for Article 9
tice ;                                                         ( 1 ) (c) of Regulation ( EEC) No 2133/74 :
Whereas the provisions relating to imported wines                    '(c) in the case of :
should be supplemented in order to allow them to                               ( i) consignments to another Member State
be designated by ascriptions equivalent to those                                    or export : the name of the Member
which may be used for Community products ;                                          State in whose territory the grapes
whereas , for administrative reasons , it seems advi­                               were harvested and turned into wine ,
sable to exempt small quantities of such wines from                                 provided that both these operations
the application of certain provisions ;                                             took place in the same Member State ;
Whereas , in order to take account of the traditional                         (ii ) table wine resulting from a coupage of
practices of third countries , it should be permissible,                            products originating in more than one
in the case of certain imported wines , to use the                                  Member State : the words " wine from
names of certain geographical units or specified                                    different countries of the European
regions in the Community ;                                                          Community " ;
Whereas , in order to make allowances for foreseeable                        (iii ) table wine which was turned into wine
developments in Community legislation concerning                                    in a Member State other than that in
the information which must be given on containers                                   which the grapes were harvested : the
authorized for the transport of beverages and                                       inscription " EEC ";'
foodstuffs , the relevant current provisions should
be adapted ;                                                   3 . The following shall be substituted for Article 22
                                                               ( 1 ) (f) and Article 24 ( 1 ) (d) of Regulation ( EEC)
Whereas the date of implementation of Regulation               No 2133 /74 :
( EEC) No 2133/74 remains 1 September 1976 ;
whereas , in accordance with the third subparagraph                  ' for wines and grape musts :
of Article 30 ( 1 ) of Regulation ( EEC) No 816/70 ,
                                                                     — which result from a coupage of products
this will not prevent Member States from adopting
these provisions beforehand ,
                                                                           originating in more than one Member State :
                                                                           the words " made from products of different
                                                                           countries of the European Community ";
                                                                     — which , in the case of grape musts , were not
                                                                           produced , and, in the case of wine, were
HAS ADOPTED THIS REGULATION :                                              not turned into wine, in the Member State
                                                                           in which the grapes were harvested : the
                                                                           inscription " EEC ";'
                           Article 1
                                                                                              Article 2
1 . The following shall be substituted for Article 2
( 1 ) ( d) of Regulation ( EEC) No 2133/74 :                   1 . The following text shall be added to Article 2 ( 2)
                                                               of Regulation ( EEC) No 2133 /74 :
      '(d) in the case of :
                                                                     ' ( h) details as to :
              (i) consignments to another Member State
                  or export : the name of the Member                         — the type of product,
                  State in whose territory the grapes                        — the particular colour of the table wine ,
                  were harvested and turned into wine,
                  provided that both these operations                        in so far as these details are governed by
                  took place in the same Member State ;                      implementing procedures or, failing this ,
                                                                             by the provisions of the Member States
             (ii) table wine resulting from a coupage of                     concerned . However, the use of this infor­
                  products originating in more than one                      mation may be confined to the table wines
                  Member State ; the words " wine from                       referred to in paragraph 3 . '
 ---pagebreak---  No L 135/48                          Official Journal of the European Communities                                 24 . 5 . 76
2. The following shall be substituted for Article 2                 ' information concerning :
(3) (d) of Regulation ( EEC) No 2133/74 :
                                                                    — the history of the wine in question , of the
     '(d) details regarding the method of production                      undertaking of the bottler or an undertaking
            of the table wine in a list to be adopted .                   of a natural or legal person which was
                                                                          involved in the commercial distribution of the
            This list may include only those inscriptions
            which are governed , as to the conditions                     wine,
            for their use , by the provisions of the pro­
            ducer Member State ;'                                    — the natural or technical conditions governing
                                                                          the production of the wine , or
                                                                     — the ageing of the wine,
                           Article 3
                                                                     provided that this information is used in accord­
                                                                     ance with the conditions laid down by imple­
1 . The following shall be substituted for Article 2                 menting procedures . '
(3 ) (f) and Article 28 (2) (o) of Regulation ( EEC)
No 2133 /74 :
                                                                                           Article 5
      'a statement that the wines were bottled :
                                                                1 . Article 2 (3) of Regulation ( EEC) No 2133 /74
      — either in the vineyard where the grapes used
           for the wines were harvested and turned into         shall be supplemented by the following :
           wine ,
                                                                     ' (i) the words :
      — or by a group of vineyards,
                                                                           — " Landwein " for table wines originating in
      — or in an undertaking which is situated in the                          Germany and in the province of Bolzano
           wine-growing area indicated , with which                            in Italy,
           the vineyards where the grapes used were
           harvested are connected as members of a                         —■ " vin de pays " for table wines originating
           group of vineyards , and which made wine                            in France or in Luxembourg ,
           from these grapes ;'
                                                                           — " vino tipico " for table wines originating
                                                                               in Italy, including the province of
2 . The following shall be substituted for Article 12                          Bolzano ,
 (2) (q) of Regulation ( EEC) No 2133/74 :
                                                                               provided that the producer            Member
                                                                               States concerned have laid down rules
      ' (q) a statement that the wines were bottled
                                                                               for the use of these inscriptions .
             — either in the vineyard where the grapes                          For table wines marketed in their terri­
                 used for the wines were harvested and
                                                                               tory and described in accordance with
                 turned into wine,
                                                                               the preceding paragraph , Member States
             — or in a group of vineyards ,                                    may authorize the replacement of the
                                                                               words " Landwein ", " vin de pays " and
             — or in an undertaking which is situated                          " vino tipico " by the corresponding words
                 in the specified region indicated or in                       in one or more of their official languages .
                 the immediate vicinity of that region ,                       Until 31 December 1977 at the latest, the
                 with which the vineyards where the                            words " vino tipico " may be used even
                 grapes used were harvested are connected                      if the rules for their use have not yet
                 as members of a group of vineyards ,                          been laid down , provided that the table
                 and   which    made    wine    from   these                   wine thus described possesses charac­
                 grapes ;'                                                     teristics typical of the region of pro­
                                                                               duction . '
                            Article 4
                                                                 2 . Article 9 (2) of Regulation ( EEC) No 2133 /74
                                                                 shall be supplemented by the following :
 The following shall be included in Regulation ( EEC)
 No 2133 /74 as item ( h) of Article 2 (3 ), item (t) of              '(e) as appropriate , the words . " Landwein ",
 Article 12 (2), item (f) of Article 27 (2), and item (p)                   " vin de pays", " vino tipico " or corresponding
 of Article 28 (2) :                                                        w.ords in an official Community language .'
 ---pagebreak--- 24. 5 . 76                          Official Journal of the European Communities                         No L 135/49
3 . The following shall be substituted for Article 28             — for products other than table wines and quality
(2) (c) of Regulation ( EEC) No 2133 /74 :                            wines psr obtained in their territory, make
                                                                      compulsory, prohibit or restrict the use of
    '(c) details :                                                    certain information referred to in Article 22
                                                                      (2) and (3);
         — accompanying the geographical ascrip­
              tion to emphasize the typically regional            — authorize, pending the application of Commu­
              character of the wine in question , or                  nity provisions on dietetic foodstuffs, infor­
                                                                      mation concerning the dietetic use of grape
         — regarding superior quality,                                musts marketed in their territory.'
         in so far as they are laid down by the national
         provisions of the third country in which the         4. The text of Article 30 of Regulation ( EEC)
         wine originates for the home market of               No 2133 /74 shall be supplemented by the following
         that country and are recognized by the               paragraph :
          Community ; '
                                                                  ' 9. Pending application of Community provi­
                                                                  sions on dietetic foodstuffs, Member States may ,
                                                                  in respect of imported wines marketed in their
                         Article 6                                territory, allow information to be given as to the
                                                                  dietetic use of such products. '
1 . The following shall be substituted for the
second subparagraph of Article 3 ( 1 ) of Regulation
( EEC) No 2133 /74 :
                                                                                       Article 7
      However :
    — additional or derogating rules may be laid              1 . The second part of Article 3 (6) (a ) of Regulation
        down in respect of table wines intended for           ( EEC) No 2133/74 shall be replaced by the following :
        export, in so far as the legislation of third
        countries makes this necessary,                           ' Such information may :
    — pending application of Community provisions                 — also be given in another official language of
        on dietetic foodstuffs , Member States may ,                  the Community, or
        in respect of table wines marketed in their
        territory, allow information to be given as               — be given solely in another official language of
        to the dietetic use of such products . '                      the Community where the latter is equated
                                                                      with the official language in that part of the
                                                                      territory of the Member State of origin in
2. The following shall be substituted for the second                  which the geographical unit referred to is
subparagraph of Article 13 ( 1 ) of Regulation ( EEC)                 situated ,
No 2133 /74 :
                                                                  where this practice is traditional and customary
      However :                                                   in the Member State concerned ;'
    — additional or derogating rules may be laid
        down for quality wines psr intended for               2 . The second sentence of the second subparagraph
        export , in so far as the legislation of third        of Article 13 (5) ( a) of Regulation ( EEC) No 2133 /74
        countries makes this necessary,                       shall be replaced by the following :
    — pending application of Community provisions                 ' The information referred to in the first, third ,
        on dietetic foodstuffs , Member States may,               fourth and fifth indents may :
        in respect of quality wines psr marketed in
        their territory, allow information to be given            — also be given in another official language of
        as to the dietetic use of such products . '                   the Community, or
                                                                  — be given solely in another official language of
3 . The following shall be substituted for the second                 the Community where the latter is equated
subparagraph of Article 23 (2) of Regulation (EEC)                    with the official language in that part of the
No 2133 /74 :
                                                                      territory of the Member State of origin in
                                                                      which the specific region referred to is situa­
    ' However, the Member States may :                                ted,
 ---pagebreak---  No L 135 /50                         Official Journal of the European Communities                                24. 5 . 76
     where this practice is traditional and customary                  — Sardegna,
     in the Member State concerned ;'
                                                                       — Romagna,
3 . The following shall be substituted for ( b) in                     — Monferrato,
the second subparagraph of Article 3 (6) of Regu­
lation ( EEC) No 2133/74 :                                             — Friuli . '
     ' (b) it may be decided that the information as to :                                      Article 9
           — the type of product or a particular
               colour referred to in Article 2 (2) (h),         1 . The following shall be substituted for Article 22
           — the method of production of the table              ( 1 ) (a) and Article 24 ( 1 ) ( b) of Regulation ( EEC)
                                                                No 2133 /74 :
               wine referred to in Article 2 (3 ) (d), and
           — the       natural  or   technical   conditions           ' the type of product, using :
               governing the production or the ageing
               of the table wine referred to in Article 2             — that definition contained in Community legis­
                (3 ) (h),                                                  lation which gives the most accurate des­
                                                                           cription of the product concerned , or,
           shall be provided solely in one of the official
           languages of the Member State of origin .'                 — for products in circulation in the territory
                                                                           of the Member State in question , words
                                                                           other than those laid down by Community
4. The following shall be substituted for the second                       provisions, where their use is traditional and
subparagraph of Article 13 (5) ( b) of Regulation                          customary in the Member State concerned ;'
( EEC) No 2133/74 :
                                                                2. Article 22 of Regulation ( EEC) No 2133/74
    ' ( b) it may be decided that the information as to :       shall be supplemented by the following paragraph :
           — the method of production, the type of
               product or a particular colour referred                ' 3.   Where partially fermented grape must is
                                                                      intended for direct human consumption, its
               to in Article 12 (2) (k), and
                                                                      description on labels may be supplemented by
           — the       natural  or   technical   conditions           information concerning :
               governing the production or the ageing                 ( a) the geographical unit, within the meaning of
               of the quality wines psr referred to in
               Article 12 (2) (t),                                          Article 4 ( 1 ), from which the must originates ,
                                                                            provided that the conditions concerning table
           shall be provided solely in one of the                           wine laid down in Article 4 (3 ) are satisfied ;
           official languages of the Member State
           of origin .'                                               (b) the name of a vine variety ;
                                                                      (c) a statement as to whether the product is red,
                                                                            rose or white .'
                           Article 8
                                                               3 . The following shall be substituted for Article 24
                                                                (2) (c) of Regulation ( EEC) No 2133/74 :
Article 4 (3 ) of Regulation ( EEC) No 2133 /74                       ' (c) for other products : the information referred
shall be supplemented by the following subpara­                              to in Article 22 (2) (a), (c) and (3);'
graph :
    ' However, until 31 August 1981 , it shall be              4. Article 23 (3 ) of Regulation ( EEC) No 2133 /74
    permissible to use the names of the following              shall be supplemented by the following paragraph :
    specified regions to describe table wines :
                                                                     ' The indication on the label of a vine variety
    — Moselle Luxembourgeoise,                                       referred to in Article 22 (3) ( b) to describe a
                                                                     product other than a table wine or a quality
    — Puglie,                                                        wine psr may be given only if the conditions
                                                                     corresponding to those referred to in Article 5 ( 1 )
    — Abruzzi ,                                                      are satisfied.'
 ---pagebreak---  24. 5 . 76                          Official Journal of the European Communities                        No L 135 /51
5 . The following shall be substituted for Article 26                   (2), 28 (2) and 29 (2) may be made compul­
(2) of Regulation ( EEC) No 2133/74 :                                   sory, prohibited or restricted ;
    ' 2. If the vintage year or vine variety are                   — small quantities of wine originating in third
    indicated as well, this information must be                         countries may be exempted from the appli­
    given in accordance with Article 23 (3 ).'                          cation of Articles 27 ( 1 ) and 28 (1 ) (b), (c)
                                                                        and (d).'
                                                               2. Article 30 (7) of Regulation ( EEC) No 2133/74
                         Article 10                            shall be supplemented by the following paragraph :
                                                                   ' Certain terms resulting from the translation of
1 . Article 27 (2) of Regulation ( EEC) No 2133 /74                the information referred to in the second para­
shall be supplemented by the following :                           graph may be governed by implementing proce­
                                                                   dures . '
    '(g) a citation awarded by an official body or a
          body officially recognized for this purpose
          to one of the persons or group of persons
                                                                                        Article 13
          referred to in (c) which is likely to enhance
          the reputation of the imported wine con­
          cerned, provided that this citation is govern­       The following subparagraph shall be added to
          ed by Community implementing procedures              Article 31 (3 ) of Regulation ( EEC) No 2133/74 :
          or, failing this , by the provisions of the third
          country of origin . '                                    ' Derogations from paragraph 2 may be allowed
                                                                   where the geographical name of a wine produced
2. Article 28 (2) of Regulation ( EEC) No 2133/74                  in the Community is the same as the name of a
shall be supplemented by the following :                           geographical unit situated in a third country
                                                                   where this name is used in that country to
                                                                   describe a wine in accordance with traditional
    '(q) a citation awarded by an official body or a               and consistent usage and on condition that its
          body officially recognized for this purpose              use is governed by rules in that country.'
          to one of the persons or group of persons
          referred to in (h) which is likely to enhance
          the reputation of the imported wine con­
          cerned , provided that this citation is govern­
          ed by Community implementing procedures                                       Article 14
          or, failing this, by the provisions of the third
          country of origin. '
                                                               The following shall be substituted for Article 40 (4)
                                                               (a) of Regulation ( EEC) No 2133/74 :
                                                                   '(a) a statement that the containers have been
                         Article 11
                                                                          approved for the transport of beverages or
                                                                          foodstuffs , and '
The following shall be substituted for Article 28
(2) (a) of Regulation ( EEC) No 2133 /74 :
    ' (a) the word "wine" which may or may not be                                       Article 15
          accompanied by a statement as to whether
          the wine is red, rose or white ;'
                                                               The following shall be substituted for Article 41 ( 1 )
                                                               of Regulation ( EEC) No 2133 /74 :
                         Article 12                                ' 1 . For the purposes of Titles I and II of this
                                                                   Regulation, labelling shall mean all the descrip­
                                                                   tions and other references , signs , designs or
1 . The following shall be substituted for Article 30              brand names, which distinguish the product and
(3) of Regulation ( EEC) No 2133/74 :                              appear on the same container, including its
                                                                   sealing device or other coverings , and on the
    ' 3.  In accordance with the same procedure :                  pendant attached thereto, with the exception
                                                                   of whatever is laid down by the tax provisions
    — use of the information referred to in Articles 27            of Member States . '
 ---pagebreak--- No L 135/52                          Official Journal of the European Communities                         24. 5 . 76
                        Article 16                                                  Article 17
In the Italian version the words ' vino da pasto ' in
Articles 2 (1 ) (a) and 44 ( 1 ) (b) of Regulation ( EEC)      This Regulation shall enter into force on the third
No 2133/74 shall be replaced by the words ' vino da            day following its publication in the Official Journal
tavola \                                                       of the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels , 17 May 1976.
                                                                                  For the Council
                                                                                   The President
                                                                                   J. HAMILIUS