CELEX: 51975PC0381
Language: en
Date: 1975-07-11
Title: Draft proposal for a REGULATION (EEC) OF THE COUNCIL amending Regulation (EEC) No 2133/74 laying down general rules for the designation 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 (75) 381
Vol. 1975/0152
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 ---pagebreak--- /QMMISSIQN QB THE EUROPEEN COMMUNIÎIES
                                     COM(75)381 final
                                     Brussels . 11 July 1975
                         Draft proposal for a
                    REGULATION ( EEC ) OF THE COUNCIL
        amending Regulation ( EEC ) No 2133/74 laying down
        general rules for the designation and presentation
        of wines and grape musts
            ( submitted to the Council by the Commission )
   COM(75 ) 381 final
 ---pagebreak---                              EXPLANATORY MEMORANDUM
       Council Regulation (EEC ) Mo 2133/74 of 8 August 1974 laying down ge­
neral rules for the designation and presentation of wines and grapes musts
should normally enter into force from 1 September 1975 * If "the rules laid
down in the Regulation in question are to be applied effectively, it is
essential for the Commission to adopt . 1, "beforehand detailed rules of appli­
cation ( see also the Council declaration contained in document R/2125/74
of 29 July 1974 , p. l ). In view of the complex nature of this subject , the
Commission was not able to adopt these detailed rules in the period laid
down. Moreover , interested members of the trade require a period long enough
to enable them to adapt to the new provisions . The date of application of
that Regulation should therefore be deferred.
       This opportunity may be seized upon to supplement or amend the Regu­
lation in question in the light of the requirements of certain delegations
and commercial practices . In addition to deferring the date of application
it is proposed :
- to allow the use of a specific expression such as "vin du pays " which shall
  accompany the name of the production area, of certain table wines thereby
  stressing the typically regional nature of the wines in question ;
- to provide for the alternative and not simply cumulative use of an official
  language of the Community other than the one laid down for certain descrip­
  tions ;
- to allow, for a transitional period, the use for the designation of table
  wines of the nanes of certain *, specified regions which are normally reser­
  ved for the designation of quality vanes p.s.r. ( see Council declaration in
  document R/2125/74 of 29 July 1974* P » 4 and Article 39 of the proposal for
  a Regulation (EEC ) amending Regulations (EEC ) NO 8I6/7O and 8I7/7O ,
  OJ C 31 of 8 Pebruary 1971 » P * 2l ) j
 ---pagebreak---                                       2
                                      v •    x
                                           /
- to supplement the provisions relating to imported wines with a view to
  accepting for their designation certain ascriptions equivalent to those
  which may "be used for Community products 5
- to create the opportunity of indicating on the label information concer­
  ning the history of the wine in question, the undertaking of the bottler
  or an undertaking which was involved in the commercial distribution of the
  wine in question ;              ,
                    1
- to allow the use of oertain expressions reserved for vineyards or groupings
  of these vineyards , even if the name of these groupings does not appear
  as bottier.             '
       The adoption of this Regulation will have no repercussions on the
Community Budget .     -                       . . .
 ---pagebreak---                                 Draft proposal for a
                    REGULATION (EEC )           OF THE COUNCIL
           amending Regulation (EEC) NO 2133/74 laying down general
           rules for "the designation and presentation 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 j
laying down additional provisions for the common organization of the market
in wine, as last amended by Regulation (EEC ) No 6j8/j5^\ and in particular
Articles 30(l ) and 39a ( 2 ) thereof \
Having regard to Council Regulation (EEC ) No 817/70^ , of 28 April 197° ,
laying down special provisions relating to quality wines produced in speci­
fied regions , as last amended "by Regulation (EEC) NO 2894/74^^ T and in
particular Article 12(3 ) thereof ;
Having regard to the Opinion of the Commission ;                  -
                                                                        ./•
(1)  OJ No L 99 , 5 May 1970 , P» 1
(2)  OJ No L 72 , 20 March 1975 » P « 43
(3)  OJ No L 99 , 5 May 1970 , p. 20
( 4) OJ No L 310 , 21 November 1974» P*7
 ---pagebreak---                                               2
   Whereas the provisions for implementing Council Regulation (EEC ) No 2133/74
   of 8 August 1974» laying down general rules for the designation and presen­
   tation of wines and grape ousts have not yet teen adopted and whereas , in
    any case , their implementation requires a period of adaptation ; whereast
    the implementation of the provisions of Regulation^(EEC ) No 2133/74 should,
    therefore , he deferred ; whereas this deferment should not , however , preju­
    dice members of the trado who have already, taken measures to adapt from
   -1 September 1975 » to the provisions of the Regulation in question ;
    Whereas taking into account the different customs and traditional practices
    in the Member States it is advisable that Member States should "be permitted
    to "be able to authorize the indication of recommendations relating to the
    health of the consumer 5 .. .
    Wheieas it would he advisable to allow producer Member States and interested
     non-teniber countries to vise a specific expression to accompany the name of the
     production area or the geographical ascription when designating table wines
     and imjorted wines ; whereas such information, aims to enable the consumer
     to recognize wines of a typically regional character amongst table wines on
     the martet :                .
... whereas , for certain information which should be given in one of the official
     languages of the Member States of origin the alternative and not simply cumu­
     lative use of another official Community language should be allowed if this
     is assimilased to the official language in the part in question of the ter­
     ritory of tlfe producer Member State in question and when this practice is
     traditionally adopted there ;
    'Whereas , pursuant to Article 12(3 ), second subparagraph of Council Regulation
     (EEC ) No 817/71 of 28 April 1970 laying down special . provisions' relating to
     quality wines produced in specified regions , as last amended by Regulation
      (EEC ) No 2894/74 it should be admissible until 31 August I98I for the names
     of specified regions referred to on a list to be adopted also to be used
     to designate tabl. wines if this practice has traditionally and regularly
               ;                                                               •/•
      ( l ) OJ No L 227 , 1', August 1974» V» 1
 ---pagebreak---                                        3
"been in use "before 1 September 1975 (*) 5
                                             t                       ■■
Whereas provisions relating to imported wines should "be supplemented in
 order to allow ihfeia to be designated by ascriptions equivalent to those
which may be used for Comnuniiy products j
Whereas in order to provide consumers with particular information , permission
 should be given for information concerning the history of the wine in question,
 of the undertaking of a bottler or an undertaking or a natural or legal per­
 son which was involved in the commercial distribution of the wine in question
 to be shown on the wine labels ;
Whereas this occasion should be used to improve certain other provisions 5
HAS ADOPTED THIS REGULATION *
                                    Article 1
 1.     The following text is added under (h ) to Article 2(2 ), Tinder ( t ) to
 Article 12(2 ), under (f ) to Article 27(2 ) and under ( q) to Article 28(2 )
 of Regulation (EBC ) NO 2133/74 *
 "information concerning the history of the wine in question, the underta­
  king of the bottler or an undertaking of a natural or legal person which .
  was involved in the commercial distribution of the wine in question".
 2.     The text of Article 2(2)g, the text of Article 12(2 )h , the tort of
Article 27(2)e and the text of Article 28(2)i are completed by the following ;
 "Member States may authorize a recommendation relating to health of the
  consumer to be indicated on the labelling of wines commercialised within
  their territory, especially where this related to the dietetic qualities
  of the wine in question".
                                                                            ./•
 (*) Retention of this preamble depends on whether the Council adopts Arti­
     cle 39 of the proposal for Regulation (EEC ) NO 8I6/7O and Regulation
     (EEC ) Ho 817/70 published in OJ No C 31 of 8 February 1975i page 3 .
     See also documents R/2125/74 of 31 July 1974 and s/801/75 of 6 June 1975*
 ---pagebreak---                                          4
3.        The text of Article 2(3)(f ), Article 12(2)(q) and Article 28(2)(o )
of Regulation (EEC ) NO 2133/74 is replaced by the following
"An indication that the wines were bottled either on the premises of the
 vineyard where the grapes from which the wine was 'obtained were harvested
 and turned into wine , or by an undertaking with which this vineyard is
 connected in a group of vineyards".
4.      : Article 2(3 ) of Regulation (EEC ) No 2133/74 is supplemented by the
following texts :
"(h ) the word :
 - " Landwein" for table wines of German origin ;
 - "vin de pays" for table wines of French of Luxembourg origin ;
 - "vino - tipico" for table wines of Italian origin ;
 where the Member States have decided on rules for the use of these design­
 ations".
"( i ) For a transitional period of five years as of the date of implementa­
 tion of this article for table wines of Italian origin, the description
 "denominazione di origine semplice", on condition that this wine is nei­
 ther exported nor sent to other Member States".
5.        The text of Article 2 ( 3)(g) and Article 12(2)(M) of Regulation ("EEC )
No 2133/74 is replaced by the following s
"by the name of the vineyard where the wine in question was obtained or by
 the name of an undertaking with which such vineyards are connected in a
 group of vineyards , if these names are likely to increase the prestige of
 this wine , if this designation is governed by detailed rules of applica­
 tion or , in the absence of these , - by the producer Member States".
                                                                        •/•
 ---pagebreak---                                          5
                                    Article 2
 1.      The second sentence of Article 3(6 ) ( a), second subparagraph , of Regu­
 lation (EEC ) No 2133/74 is replaced by the follov/ing sentence :
 " Such information may :
   - furthermore "be given in another official Community language when the
     latter is assimilated to the official language in the part in question
     of the territory of the Member State of origin and when this practice
     is traditional and customary in that Member State".
 2.      The second sentence of Article 13(5)(a)t second subparagraph of Regu­
lation (EEC ) No 2133/74 is replaced by the following sentence : .
 "The information referred to in the first , third, fourth and fifth indents
  may
   - furthermore be given in another official Community language , or ,
  - be given in another official Community language when the latter is
     assimilated to the official language in the part in question of the
     territory of the Member State of origin and when this practice is tra­
     ditional and customary in that Member State".
                                    Article 3
    Article 4(3 ) °f Regulation (EEC ) No 2133/74 is supplemented by the follo­
wing subparagraph :
"However , until 31 August 1981 it shall be permissi. le to use the names of
  the following specified regions to designate table wines :
  - Moselle Luxembourgeoise
• - Puglie
  - Abruzzi
  - Sardegna
  - Ramagna
  - Cagliari
  - Asti
  - S.iracusa". (t)
                                                                         ./•
 (4) Retention of this Article depends on whether the Council adopts Article
      39 OF the proposal for Regulation (EEC ) NO 8I6/7O and Regulation (EEC)
      No 817/70 published in OJ C 31 of 8 February 1975 » Page3 . See also du~
      cuments R/2125/74 of 31 July 1974 and S/8OI/75 of 6 June 1975 *
 ---pagebreak---                                             6
                                     Article 4
1.      The text of Article 27(l)(a) of Regulation (EEC ) No 2133/74 shall "be
replaced "by the following :           *  .        •
"( a) A statement as to whether the wine is red, rose or white".
2.      Article 27(2 )( a) -of Régulation (EEC ) No 2133/74 is deleted.
                                     Article 5
1.      Article 23(l ), first subparagraph of Regulation (EEC ) No 2133/74 is
supplemented by the following text :
"( e) A statement as to whether the vine is red, rose or white" ;
2.      Article 28(2)(a) of Regulation (EEC ) No 2133/74 is replaced by the
following text :
"( a) a term which accompanies the geographical ascription stressing the ty­
      pically, regional nature of the imported wine in question, when the use
      of this' term is the subject of provisions in the non-member country in
      question regarding marketing on the home market ; these terms shall be
      specified, where necessary , by detailed rules of application".
3.      Article 28(2 ) of Regulation (EEC ) No 2133/74 is supplemented by the
following texts ;
"(p ) a reference attributed by an official body or a body officially acknow­
      ledged for this purpose to one of the persons or group of persons refer­
      red to under (h ) and likely to increase the prestige of the imported
      wine in question, if this reference is governed by detailed rules of
      application or , in the absence of the latter, by provisions of the .
      non-member country".
                                                                        /.
 ---pagebreak---                                  Article 6
       The German version of Article 4l(l ) of Regulation (EEC ) No 2L33/74
shall be replaced "by the following text t
"(l ) Im Sinne der Titel I und II dieser Verordnung gelten – unbeschadet
      der Steuerverschriften der Mitgliedstaaten -. als Etikettierung die
      gesamten Bezeichnungen oder anderen Begriffe , Zeichen, Abbildungen
      oder Marken, die das Erzeugnis charakterisieren, auf ein- und
      demselben Behältnis einschliesslich seines Vorschlusses mit Kapsel
      oder sonstiger Umhüllungen" .
                                 Artide 7
       The second subparagraph of Article 47 of Regulation (EEC ) No 2133/74
is replaced by the following text :
"This Regulation shall be applicable from 1 September 1976 . Until this
 date the provisions of the Member States shall continue to apply in the
 matters in question. However , the interested parties shall be authorized
 from 1 September 1975 to apply the provisions of this Regulation".
                                  Article 8
       This Regulation shall enter into force on the third day following
that of its publication in the Official Journal of the European Comnunities .
       This Regulation shall be binding in its entirety and directly appli­
cable in all Member States .
Cone at Brussels ,                                   For the Council ,
                                                     The President ,