CELEX: 51991EC1601
Language: en
Date: 2007-02-06
Title: Proposal for a regulation (EC) No …/… of the European Parliament and of the Council of […] concerning the general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails (codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM(2005)

                                                                  Proposal for a

                                       REGULATION (EC) No …/… OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

  concerning the general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized
                                                              wine-product cocktails

                                                                (Codified version)

                                                              EXPLANATORY MEMORANDUM

1     In the context of a people’s Europe, the Commission attaches great importance to simplifying and clarifying Community law so as to make  it
       clearer and more accessible to the ordinary citizen, thus giving him new opportunities and the chance to make use of the  specific  rights
       it gives him.

       This aim cannot be achieved so long as numerous provisions that have  been  amended  several  times,  often  quite  substantially,  remain
       scattered, so that they must be sought partly in the original instrument and partly in later amending ones.  Considerable  research  work,
       comparing many different instruments, is thus needed to identify the current rules.

       For this reason a codification of rules that have frequently been amended  is  also  essential  if  Community  law  is  to  be  clear  and
       transparent.

2.    On 1 April 1987 the Commission therefore decided[1] to instruct its staff that all legislative acts should be codified after no  more  than
       ten amendments, stressing that this is a minimum requirement and that departments should endeavour to codify at even shorter intervals the
       texts for which they are responsible, to ensure that the Community rules are clear and readily understandable.

3.    The Conclusions of the Presidency of the  Edinburgh  European  Council  (December 1992)  confirmed  this[2]  stressing  the  importance  of
       codification as it offers certainty as to the law applicable to a given matter at a given time.

       Codification must be undertaken in full compliance with the normal Community legislative procedure.

       Given that no changes of substance may be made to the instruments affected by codification, the European Parliament, the Council  and  the
       Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-
       track adoption of codification instruments.

4.    The purpose of this proposal is to undertake a codification of Council Regulation (EEC) No 1601/91 of 10 June  1991,  laying  down  general
       rules on the definition, description and presentation of aromatized  wines,  aromatized  wine-based  drinks  and  aromatized  wine-product
       cocktails[3]. The new Regulation will supersede the various acts incorporated in it[4]; this proposal fully preserves the content  of  the
       acts being codified and hence does no more than bring them together with only such formal amendments as are required by  the  codification
       exercise itself.

5.    The codification proposal was drawn up on the basis of a preliminary consolidation, in all  official  languages,  of  Regulation  (EEC)  No
       1601/91 and the instruments amending it, carried out by the Office for Official Publications of the European Communities, by  means  of  a
       data-processing system. Where the Articles have been given new numbers, the correlation between the old and the new numbers is shown in  a
       table set out in Annex IV to the codified Regulation.

                                            ê 1601/91 (adapted)

                                                                  Proposal for a

                                      REGULATION (EC) No …/... OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

      Ö concerning the Õ general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and
                                                        aromatized wine-product cocktails

                                                            (Text with EEC relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles Ö 37 Õ and Ö 95 Õ thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee[5],

Acting in accordance with the procedure laid down in Article 251 of the Treaty[6],

Whereas:

                                            ê 

   1) Regulation (EEC) No 1601/91 of the Council of 10 June 1991, laying down general rules on the definition, description  and  presentation  of
      aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails[7] has been substantially amended several times[8]. In
      the interests of clarity and rationality the said Regulation should be codified.

                                            ê 1601/91 Recital 1 (adapted)

   2) Given the economic importance Ö of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails, hereinafter called
      “aromatized drinks” Õ, it is necessary, in order to assist the Ö proper Õ functioning of  the  Ö internal Õ  market,  to  lay  down  common
      provisions on this subject, in particular with regard to the definition of such drinks and the requirements  concerning  their  description
      and presentation.

                                            ê 1601/91Recital 2 (adapted)

   3) Ö The Õ aromatized drinks constitute a major outlet for Community agriculture. This outlet is largely the result of  the  reputation  which
      certain of these drinks have acquired throughout the Community and on the world market. This reputation can be attributed to the quality of
      the drinks in question. A certain quality standard should therefore be maintained for the drinks in  question  if  this  outlet  is  to  be
      preserved. The appropriate means of maintaining this quality standard is to define the said drinks, taking  into  account  the  traditional
      practices on which their reputation is based. Moreover, the terms thus defined should be used only  for  drinks  of  the  same  quality  as
      traditional drinks so as to prevent their being devalued.

                                            ê 1601/91 Recital 3

   4) It is appropriate that an appropriate framework be created for aromatized drinks which are composed for the major part of  wine  or  musts,
      while allowing for development and innovation as regards such drinks; whereas this objective can be achieved the more  easily  by  creating
      three categories of drinks on the basis of their wine content, alcoholic strength and whether or not alcohol has been added to them.

                                            ê 1601/91 Recital 4

   5) It is appropriate that Community rules should reserve, for certain territories, the use  of  geographical  ascriptions  referring  thereto,
      provided that the stages of production during which the finished  product  acquires  its  characteristics  and  definitive  properties  are
      completed in the geographical area in question.

                                            ê 1601/91 Recital 5 (adapted)

   6) The customary means of informing the consumer is to include certain information on the label; whereas the labelling of aromatized drinks is
      subject to the general rules laid down in Directive Ö 2000/13/EC Õ of Ö the European Parliament and of the Council of 20  March  2000 Õ  on
      the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs[9]. In view of the
      nature of the drinks in question and so that the consumer may have fuller information, provisions additional to these general rules  should
      be adopted.

                                            ê 1601/91 Recital 6

   7) In the mind of the consumer, the reputation of certain aromatized drinks is closely linked to a traditional origin. In order to ensure that
      the consumer is appropriately informed and to take account of these specific cases, it is appropriate to make it compulsory to indicate the
      origin in cases where the drink does not come from the traditional region of production.

                                            ê 1601/91 Recital 7

   8) In order to enable appropriate information to be given on the composition of the drink, certain labelling rules relating to the  nature  of
      the alcohol used should be adopted.

                                            ê 1601/91 Recital 8 (adapted)

   9) Council Directive Ö 98/83/EC Õ of Ö 3 November 1998 Õ relating to the quality of water intended for  human  consumption[10],  and  [Council
      Directive 80/777/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to the exploitation  and  marketing  of
      natural mineral waters[11]], lay down the characteristics of the water which may be used in foodstuffs. Reference should be made thereto.

                                            ê 1601/91 Recital 9

  10) Council Directive 88/388/EEC of 22 June 1988 on the approximation of the laws of the Member States  relating  to  flavourings  for  use  in
      foodstuffs and to source materials for their production[12] puts forward definitions of various terms liable to be used in connection  with
      flavouring. The same terminology should be used in this Regulation.

                                            ê 1601/91 Recital 10

  11) Specific provisions should be adopted concerning description  and  presentation  for  imported  aromatized  drinks,  bearing  in  mind  the
      Community's commitments in its relations with third countries.

                                            ê 1601/91 Recital 11

  12) In order to defend the reputation of Community aromatized drinks on the world market, the same rules should be extended to exported drinks,
      except where there are contrary provisions, bearing in mind traditional habits and practices.

                                            ê 1601/91 Recital 13 (adapted)

  13) Ö The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision  1999/468/EC  of  28
      June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission[13], Õ

                                            ê 1601/91 (adapted)

HAVE ADOPTED THIS REGULATION:

                                                                    Article 1

This Regulation lays down the general rules on the definition, description and presentation of aromatized  wines,  aromatized  wine-based  drinks
and aromatized wine-product cocktails Ö, hereinafter called “aromatized drinks” Õ.

                                            ê 1601/91

                                                                    Article 2

1. For the purposes of this Regulation:

(a)   aromatized wine shall mean:

       a drink:

                                            ê 2061/96 Art. 1 pt. 1(i) (adapted)

       (i)  obtained from one or more of the wine products defined in points 5 and 12 to  18  of  Annex  I  to  Ö Council Õ  Regulation  (EC)  No
           Ö 1493/1999[14] Õ, including the quality wines produced in specific regions defined in Article Ö 54(1)  and Õ  (2)  of  Ö the  said Õ
           Regulation and with the exception of retsina table wine, possibly with added grape must and/or grape must in fermentation;

                                            ê 1601/91 (adapted)

       (ii) to which alcohol has been added as defined in Article 3(d) Ö of this Regulation Õ ;

                                            ê 1601/91

       (iii)      which has been flavoured with the aid of:

                                            ê 1601/91 (adapted)

              – natural flavouring substances and/or natural flavouring preparations as defined  in  Article  1(2)(b)(i)  and  (c)  of  Directive
                88/388/EEC. Without prejudice to the more restrictive provisions in paragraph 2 Ö of this Article Õ, the use  of  substances  and
                preparations identical to natural substances and preparations, as defined in Article 1(2)(b)  (ii)  of  that  Directive,  may  be
                authorised in certain cases and under certain conditions, in accordance with the procedure Ö referred to Õ in Article Ö 13(3)  of
                this Regulation Õ ,

                                            ê 1601/91

                and/or

              – aromatic herbs and/or spices and/or flavouring foodstuffs;

                                            ê 1601/91 (adapted)

       (iv) which has generally been sweetened and, subject to the exceptions provided for in paragraph 2 Ö of this Article Õ, has possibly  been
           coloured with caramel;

       (v)  which has a minimum actual alcoholic strength by volume of 14,5% vol or more and a maximum actual alcoholic  strength  by  volume  of
           less than 22% vol and a minimum total alcoholic strength by volume of 17,5% vol or more; however, for those products which,  pursuant
           to paragraph 5 Ö of this Article Õ , bear the description “dry” or “extra dry”, the minimum total alcoholic strength by volume  shall
           be set at 16% vol and 15% vol respectively.

                                            ê 2061/96 Art. 1 pt. 1 (ii) (adapted)

       The wine and/or fresh grape musts with fermentation arrested by the addition of alcohol, used in the preparation  of  an  aromatized  wine
       must be present in the finished product in a proportion of not less than 75%.  Article  5  Ö of  this  Regulation Õ  notwithstanding,  the
       minimum natural alcoholic strength by volume of the products used shall be that provided for in Ö Annex V, paragraph 2  of  point  C Õ  of
       Regulation (EEC) No Ö 1493/1999 Õ.

                                            ê 1601/91

       The description “aromatized wine” may be replaced by “wine-based aperitif”. The use of the term “aperitif” in this connection  is  without
       prejudice to the use of the term to define products which do not fall within the scope of this Regulation;

(b)   aromatized wine-based drink shall mean:

      a drink:

                                            ê 2061/96 Art. 1 pt. 2 (adapted)

       (i)  obtained from one or more of the wines defined in points 11, 12 and 13 and 15 to 18 of Annex I to Regulation (EC)  No  Ö 1493/1999 Õ,
           including the quality wines produced in specified regions defined in Article Ö 54(1) and Õ (2) of Ö that Õ Regulation  and  with  the
           exception of wines produced with the addition of alcohol and retsina table wine, possibly with  added  grape  must  and/or  partially
           fermented grape must;

                                            ê 1601/91

       (ii) which has been flavoured with the aid of:

                                            ê 1601/91 (adapted)

              – natural flavouring substances and/or natural flavouring preparations and/or  substances  or  preparations  identical  thereto  as
                defined in Article 1(2)(b)(i) and (ii) and (c) of Directive 88/388/EEC; the use of artificial substances as  defined  in  Article
                1(2)(b)(iii) of that Directive may be authorised in certain cases and under certain conditions, in accordance with the  procedure
                Ö referred to Õ in Article Ö 13(3) Õ of this Regulation,

                                            ê 1601/91

                and/or

              – aromatic herbs and/or spices and/or flavouring foodstuffs;

       (iii)      which has possibly been sweetened;

                                            ê 1601/91 (adapted)

       (iv) to which no alcohol has been added, subject to the exceptions referred to in the product  definition  given  in  this  Regulation  or
           decided upon in accordance with the procedure Ö referred to Õ in Article Ö 13(3) of this Regulation Õ ;

                                            ê 1601/91

       (v)  which has an actual alcoholic strength by volume of 7% vol or more and less than 14,5% vol.

                                            ê 1601/91 (adapted)

       The wines used in the preparation of an aromatized wine-based drink must be present in the finished product in a proportion  of  not  less
       than 50%. Without prejudice to Article 5 Ö of this Regulation Õ, the minimum natural alcoholic strength by volume  of  the  products  used
       shall be that provided for in Ö Annex V, paragraph 2 of point C Õ of Regulation (EC) No Ö 1493/1999 Õ;

                                            ê 1601/91

(c)   aromatized wine-product cocktail shall mean a drink:

       (i)  obtained from wine and/or grape must;

       (ii) which has been flavoured with the aid of:

                                            ê 1601/91 (adapted)

              – natural flavouring substances and/or natural flavouring preparations and/or  substances  or  preparations  identical  thereto  as
                defined in Article 1(2)(b)(i), (ii) and (c) of Directive 88/388/EEC; the use of  artificial  substances  as  defined  in  Article
                1(2)(b)(iii) of that Directive may be authorised in certain cases and under certain conditions, in accordance with the  procedure
                laid down in Article Ö 13(3) Õ of this Regulation,

                                            ê 1601/91

                and/or

              – aromatic herbs and/or spices and/or flavouring foodstuffs;

       (iii)      has possibly been sweetened and possibly been coloured;

       (iv) to which no alcohol has been added;

       (v)  which has an actual alcoholic strength by volume of less than 7% vol.

                                            ê 1601/91 (adapted)

       The wine and/or grape must used in the preparation of an aromatized wine-product cocktail must be present in the  finished  product  in  a
       proportion of not less than 50%. Without prejudice to Article 5 Ö of this Regulation Õ, the minimum natural alcoholic strength  by  volume
       of the products used shall be that provided for in Ö Annex V paragraph 2 of point C Õ of Regulation (EC) No Ö 1493/1999 Õ .

       Specific descriptions may be decided upon in accordance with the procedure Ö referred to Õ in Article 13 Ö (2) of this Regulation Õ .

                                            ê 1601/91

       The use of the term “cocktail” in this connection shall be without prejudice to its use to define products which do not  fall  within  the
       scope of this Regulation.

2. Definition of the various categories of aromatized wine the description of which may replace “aromatized wine”:

(a)   Vermouth:

       aromatized wine which has been prepared from wine as referred to in paragraph 1(a), the characteristic taste of which is obtained  by  the
       use of appropriate derived substances, in particular of the Artemisia species, which must always be used; this drink may be sweetened only
       by means of caramelized sugar, sucrose, grape must, rectified concentrated grape must and concentrated grape must;

(b)   Bitter aromatized wine:

       aromatized wine with a characteristic bitter flavour. The description “bitter aromatized wine” shall be followed by the name of  the  main
       bitter-flavouring substance, without prejudice to Article 8(3).

       The following expressions, or equivalent expressions in other official languages of the Communities, may be used to supplement or  replace
       this description:

         – “Quinquina wine”, where the main flavouring is natural quinine flavouring,

         – “Bitter vino”, where the main flavouring is natural gentian flavouring and the drink has been coloured with authorised yellow  and/or
           red colouring matter; the use of the word «bitter» in this connection shall be without prejudice to its use to define products  which
           do not fall within the scope of this Regulation,

         – “Americano”, where the flavouring is due to the presence of natural flavouring substances derived from wormwood and gentian  and  the
           drink has been coloured with authorised yellow and/or red colouring matter;

(c)   Egg-based aromatized wine:

       Aromatized wine to which good-quality egg yolk or contracts thereof have been added and which has a sugar content expressed  in  terms  of
       invert sugar of more than 200 grams and a minimum egg yolk content of 10 grams per litre of finished product.

       The term “cremovo” may accompany the term “egg-based aromatized wine” where such wine contains Marsala wine in a proportion  of  not  less
       than 80%.

       The term “cremovo zabaione” may accompany the term “egg-based aromatized wine” where such wine contains Marsala wine in  a  proportion  of
       not less than 80% and has an egg yolk content of not less than 60 grams per litre;

                                            ê 1994 Act of Accession, Art. 29 and Annex I, p. 127

(d)   Väkevä viiniglögi/Starkvinsglögg:

       An aromatized wine which has been prepared from wine as referred to in paragraph 1(a), the characteristic taste of which  is  obtained  by
       the use of cloves and/or cinnamon which must always be used together with other spices; this drink may be sweetened according  to  Article
       3(a).

                                            ê 1601/91 (adapted)

3. Definitions of the various categories of aromatized wine-based drinks the description of which may: replace the description “aromatized  wine-
based drink” in the Member State of production, Ö or Õ be used to supplement “aromatized wine-based drink” in the other Member States:

                                            ê 3279/92 Art. 1 pt. 1

(a)   Sangria:

       a drink obtained from wine:

       (i)  aromatized with the addition of natural citrus-fruit extracts or essences;

       (ii) with or without the juice of such fruit;

       (iii)      possibly:

              – with added spices,

              – sweetened,

              – with added CO2;

       and

       (iv) having an acquired alcoholic strength by volume of less than 12% vol.

                                            ê 1601/91

       The drink may contain solid particles of citrus-fruit pulp or peel and its colour must come exclusively from the raw materials used.

       The description “Sangria” must be accompanied by the words “produced in …” followed by the name of the Member State of production or of  a
       more restricted region except where the product is produced in Spain or Portugal.

       The description “Sangria” may replace the description “aromatized wine-based drink” only where the  drink  is  manufactured  in  Spain  or
       Portugal;

(b)   Clarea:

       a drink obtained from white wine under the same conditions as in (a).

       The description “Clarea” must be accompanied by the words “produced in …” followed by the name of the Member State of production or  of  a
       more restricted region except where the product is produced in Spain.

       The description “Clarea” may replace the description “aromatized wine-based drink” only where the drink is manufactured in Spain;

(c)   Zurra:

                                            ê 1601/91 (adapted)

       a drink obtained by adding brandy or wine spirits as defined in Ö Council Õ Regulation (EEC) No 1576/89[15] to the drinks defined  in  (a)
       and (b), possibly with the addition of pieces of fruit. The actual alcoholic strength by volume must be 9% vol or more and less  than  14%
       vol;

                                            ê 1601/91

(d)   Bitter soda:

       an aromatized drink obtained from bitter vino the content of which in the finished product must not be less than 50% by volume, with added
       CO2 or carbonated water and possibly the same colorants as bitter vino. The actual alcoholic strength by volume must be 8% vol or more and
       less than 10,5% vol. The use of the word “bitter” in this connection shall be without prejudice to its use to define products which do not
       fall within the scope of this Regulation;

                                            ê 3279/92 Art. 1 pt. 2

(e)   Kalte Ente:

       an aromatized wine-based drink obtained by mixing wine, semi-sparkling wine or semi-sparkling wine with added CO2 with sparkling  wine  or
       sparkling wine with added CO2, and adding natural lemon substances or extracts thereof. The finished product must contain  not  less  than
       25% by volume of the sparkling wine or sparkling wine with added CO2;

                                            ê 1601/91
                                            è1 2061/96 Art. 1 pt. 4(ii)

(f)   Glühwein:

       è1 an aromatized drink obtained exclusively from red or white wine, flavoured mainly with cinnamon and/or cloves; without prejudice to the
       quantities of water resulting from recourse to Article 3(a), the addition of water is forbidden ç. Where it has been prepared  from  white
       wine, the sales description “Glühwein” must be supplemented by the words “white wine”;

                                            ê 1994 Act of Accession, Art. 29 and Annex I, p. 127
                                            è1 2061/96 Art. 1 pt. 4(iii)

(g)   Viiniglögi/Vinglögg:

       è1 an aromatized drink obtained exclusively from red or white wine, flavoured mainly with cinnamon and/or  cloves ç.  Where  it  has  been
       prepared from white wine, the sales description “Viiniglögi/Vinglögg” must be supplemented by the words “white wine”;

                                            ê 1601/91

(h)   Maiwein:

       an aromatized drink obtained from wine with added asperula odorata plants or extracts thereof so as  to  ensure  a  predominant  taste  of
       asperula odorata;

(i)   Maitrank:

       an aromatized drink obtained from dry white wine in which asperula odorata plants have been macerated or to  which  extracts  of  asperula
       odorata have been added, with the addition of oranges and/or other fruits, possibly in the form of juice, concentrated  or  extracts,  and
       with maximum 5% sugar sweetening.

                                            ê 1601/91 (adapted)

Other definitions shall be adopted in accordance with the procedure Ö referred to Õ in Article 13 Ö (2) Õ.

4. Definition of the categories of aromatized wine-product cocktails the description of which may:  replace  the  description  “aromatized  wine-
product cocktail” in the State of production Ö or Õ be used to supplement “aromatized wine-product cocktail” in the other Member States:

                                            ê 1601/91

(a)   Wine-based cocktail:

       an aromatized drink in which:

       (i)  the proportion of concentrated grape must does not exceed 10% of the total volume of the finished product;

       (ii) the sugar content, expressed as invert sugar, is less than 80 grams per litre;

(b)   Aromatized semi-sparkling grape-based cocktail:

       a drink:

       (i)  prepared exclusively from grape must;

       (ii) the actual alcoholic strength by volume of which is less than 4% vol;

       (iii)      containing carbon dioxide obtained exclusively from fermentation of the products used;.

                                            ê 1601/91 (adapted)

Other definitions shall be adopted in accordance with the procedure Ö referred to Õ in Article 13 Ö (2) Õ .

                                            ê 1601/91
                                            è1 Corrigendum 1601/91
                                            (OJ L 257, 14.9.1991, p. 48)

5. The descriptions referred to in paragraphs 1(a) and (b), 2 and 3 may also include the following particulars, with the sugar content  indicated
in each respective subparagraph being expressed as invert sugar:

(a)   “extra-dry”: in the case of products with a sugar è1content of less than 30 grams ç per litre;

(b)   “dry”: in the case of products with a sugar content of less than 50 grams per litre;

(c)   “semi-dry”: in the case of products with a sugar content of between 50 and 90 grams per litre;

(d)   “semi-sweet”: in the case of products with a sugar content of between 90 and 130 grams per litre;

(e)   “sweet”: in the case of products with a sugar content of more than 130 grams per litre.

The terms “semi-sweet” and “sweet” may be replaced by an indication of the sugar content, expressed in grams of invert sugar per litre.

6. Where the sales description of aromatized wine-based drinks includes the term “sparkling”, the quantity of sparkling wine  used  must  be  not
less than 95%.

                                            ê 1601/91 (adapted)

7. Detailed rules for the application of this Article shall be adopted in accordance with the procedures Ö referred to Õ in Article Ö 13(3) Õ.

                                            ê 1601/91

                                                                    Article 3

                                                              Subsidiary definitions

For the purposes of this Regulation:

(a)   “sweetening” shall mean:

                                            ê 1601/91 (adapted)

       using one or more of the following products Ö or any other natural carbohydrate substances having a similar effect Õ in the preparation of
       aromatized drinks:

                                            ê 1601/91

         – semi-white sugar,

         – white sugar, refined

         – white sugar,

         – dextrose,

         – fructose,

         – glucose syrup,

         – liquid sugar,

         – invert liquid sugar,

         – invert sugar syrup,

         – rectified concentrated grape must,

         – concentrated grape must,

         – fresh grape must,

                                            ê 1601/91 (adapted)

         – burned sugar Ö meaning the product obtained exclusively from the controlled heating of sucrose without bases, mineral acids or  other
           chemical additives, Õ

                                            ê 1601/91

         – honey,

         – carob syrup;

(b)   “flavouring” shall mean:

                                            ê 1601/91 (adapted)

       using one or more of the flavourings defined in Article 1(2)(a)  of  Directive 88/388/EEC  and/or  aromatic  herbs  and/or  spices  and/or
       flavouring foodstuffs in the preparation of aromatized  drinks  Ö the  addition  of  which  confers  on  the  final  product  organoleptic
       characteristics other than those of wine Õ;

                                            ê 1601/91

(c)   “colouring” shall mean:

      using one or more colorants in the preparation of aromatized wines or aromatized wine-product cocktails;

(d)   “adding alcohol” shall mean:

                                            ê 1601/91 (adapted)

       using one or more of the following products Ö which comply with the characteristics laid  down  in  the  Community  provisions  Õ  in  the
       preparation of aromatized wines and, where appropriate, aromatized wine-based drinks:

         – ethyl alcohol of viticultural origin Ö conforming to the characteristics set out in Annex I Õ,

                                            ê 1601/91

         – wine alcohol or dried grape alcohol,

                                            ê 1601/91 (adapted)

         – ethyl alcohol of agricultural origin Ö conforming to the characteristics set out in Annex I Õ,

                                            ê 1601/91

         – wine distillate or dried grape distillate,

         – distillate of agricultural origin,

         – wine spirit or grape-marc spirit,

         – dried grape spirit;

(e)   “actual alcoholic strength by volume” shall mean:

       the number of volumes of pure alcohol at 20 °C contained in 100 volumes of the product at the same temperature;

(f)   “potential alcoholic strength by volume” shall mean:

       the number of volumes of pure alcohol at 20 °C which would be produced by total fermentation of the sugar contained in 100 volumes of  the
       product at the same temperature;

(g)   “total alcoholic strength by volume” shall mean:

       the sum of the actual and potential alcoholic strengths by volume;

(h)   “natural alcoholic strength by volume” shall mean:

       the total alcoholic strength by volume of the product before any enrichment.

                                                                    Article 4

                                            ê 1601/91 (adapted)

1. For the Ö aromatized Õ drinks referred to in this Regulation the list of authorised food additives, the  directions  for  their  use  and  the
products concerned shall be determined in accordance with the procedure laid down in Ö Council Õ Directive 89/107/EEC[16].

2. For the preparation of Ö aromatized Õ drinks, the addition of water, possibly distilled or demineralised, shall be  authorised  provided  that
the quality of the water conforms to the national provisions adopted pursuant to Directives [80/777/EEC] and  Ö 98/83/EC Õ  and  that  the  water
added does not change the nature of the drink.

3. Ethyl alcohol used to dilute or dissolve colorants, flavourings or any other authorised additives used in the preparation of the  Ö aromatized
drinks Õ must be of agricultural origin and be used in the dose strictly necessary to dilute or dissolve  colorants,  flavourings  or  any  other
authorised additive.

4. Detailed rules, including the methods to be used for analysing the products covered by this Regulation, shall be adopted  in  accordance  with
the procedure Ö referred to Õ in Article 13 Ö (2) Õ .

                                            ê 2061/96 Art. 1 pt. 6 (adapted)

                                                                    Article 5

1. The oenological processes and practices laid down in accordance with Regulation (EEC) No Ö 1493/1999 Õ shall apply  to  the  wines  and  musts
which are included in the composition of the Ö aromatized drinks Õ .

2. The processes for products being prepared for the purpose of obtaining one of the finished products referred to in this  Regulation  shall  be
established in accordance with the procedure Ö referred to Õ in Article Ö 13(3) Õ .

                                            ê 1601/91

                                                                    Article 6

1. The use of the descriptions referred to in Article 2 and in this Article shall be restricted to the  drinks  defined  therein,  account  being
taken of the requirements laid down in Articles 2 and 4. The descriptions in question must be used to describe the said drinks in the Community.

Drinks which do not meet the requirements laid down for the drinks defined in Article 2 may not bear the  descriptions  assigned  to  the  latter
therein.

2. The geographical designations listed in Annex II may replace the  descriptions  referred  to  in  paragraph  1  or  supplement  them,  forming
composite descriptions.

These geographical designations shall be reserved for drinks in respect of which the production stage during which they acquired their  character
and definitive qualities took place in the geographical area indicated, provided that the consumer is not misled as to the raw material used.

3. The sales descriptions referred to in paragraph 1 may not be supplemented by geographical ascriptions allowed for wine products.

4. Member States may apply specific national rules on production, movement within a Member State, description  and  presentation  of  the  drinks
referred to in Annex II manufactured within their territories, in so far as such rules are compatible with Community law.

                                                                    Article 7

1. The sales description of aromatized drinks containing wine products and flavourings and with a minimum alcohol strength by volume of 1,2%  vol
which do not comply with this Regulation shall contain no reference to wine-sector products.

2. Aromatized drinks which do not comply with this Regulation may not be marketed for human consumption by associating words or phrases  such  as
“like”, “type”, “style”, “make”, “flavour” or any other similar indications with any of the descriptions mentioned in this Regulation.

                                            ê 1601/91 (adapted)

3. At the latest Ö on the 17 December 1991 Õ , the Commission shall present to the Council an appropriate proposal concerning  aromatized  drinks
which contain wine-sector products, are obtained by adding alcohol and which are not covered by this Regulation.

                                            ê 1601/91

Use of the words used to describe drinks known as “wine cooler” shall be authorised for such drinks until the Council has  taken  a  decision  on
the aforementioned proposal.

                                                                    Article 8

                                            ê 1601/91 (adapted)

1. In addition to complying with national rules adopted in accordance with Directive Ö 2000/13/EC Õ, the labelling, presentation and  advertising
of the Ö aromatized Õ drinks referred to in Article 2 shall comply with this Article.

2. The sales description of the Ö aromatized drinks Õ referred to in Article 2 shall be one of the descriptions to be used exclusively  for  such
products under Article 6.

                                            ê 1601/91

3. The descriptions referred to in Article 2 may be supplemented by a reference to the main flavouring used.

                                            ê 1601/91 (adapted)

4. Where the alcohol used in the manufacture of the Ö aromatized Õ drinks covered by this Regulation  comes  from  one  sole  raw  material  (for
example, solely wine alcohol, molasses alcohol or grain alcohol), the nature of the alcohol may be indicated on the label.

                                            ê 1601/91

Should the alcohol come from several raw materials, no special indication relating to the nature of the alcohol shall appear on the label.

Ethyl alcohol used in the preparation of drinks covered by this Regulation to dilute or dissolve colorants, flavourings or any  other  authorised
additives shall not be regarded as an ingredient.

                                            ê 3279/92 Art. 1 pt. 3 (adapted)

5. Bottled Ö aromatized drinks Õ covered by this Regulation may not be held with a view to sale or placed on  the  market  in  containers  fitted
with closing devices covered by lead-based capsules or foil. However, the disposal of Ö aromatized drinks Õ in bottles fitted before Ö 1  January
1993 Õ with such capsules or foil shall be authorised until stocks are used up.

                                            ê 1601/91

6. The geographical designations listed in Annex II may not be translated.

7. The particulars provided for in this Regulation shall be given in one or more official languages of the Community  in  such  a  way  that  the
final consumer can readily understand each item, unless purchasers are provided with the information by other means.

8. In the case of drinks originating in third countries, use of an official language of the third country in which  the  product  has  been  made
shall be authorised if the particulars provided for in this Regulation are also given in an official language of the  Community  in  such  a  way
that the final consumer can readily understand each item.

9. Without prejudice to Article 12, in the case of drinks originating in the Community and intended for export, the particulars provided  for  in
this Regulation may be repeated in another language; this does not apply to the designations referred to in paragraph 6.

                                            ê 1601/91 (adapted)

10. In the case of the drinks referred to in Article 2, the following may be determined in accordance  with  the  procedure  Ö referred  to Õ  in
Article 13 Ö (2) Õ:

                                            ê 1601/91

(a)   the special provisions governing the use of terms referring to a certain property of the product, such as its  history  or  the  method  by
       which it is prepared;

                                            ê 1601/91 (adapted)

(b)   the rules governing the labelling of Ö aromatized drinks Õ in containers not intended for the final consumer.

                                                                    Article 9

1. Member States shall take the measures necessary to ensure that Community provisions relating to aromatized  drinks  are  complied  with.  They
shall appoint one or more agencies to monitor compliance with these provisions.

In the case of the drinks listed in Annex II, it may be decided in accordance with the procedure Ö referred to Õ in Article 13 Ö (2) Õ that  such
supervision and protection shall be effected, for the purposes of movement within the Community, by means of  commercial  documents  verified  by
the administration and by the keeping of appropriate registers.

2. For drinks listed in Annex II which are exported, a system of authentication documents to eliminate fraudulent practices and counterfeits  may
be established in accordance with the procedure Ö referred to Õ in Article 13 Ö (2) Õ.

                                            ê 1601/91

If the system referred to in the first subparagraph is not introduced, the Member  States  shall  implement  their  own  authentication  systems,
provided that these comply with Community rules.

                                            ê 1601/91 (adapted)

3. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt the necessary measures for the uniform  application
of the Community’s provisions in the aromatized drinks sector, particularly with regard to controls and relations between  the  competent  bodies
of the Member States.

4. Member States and the Commission shall communicate to each order the information necessary for implementing this  Regulation.  Detailed  rules
for the communication and dissemination of such information shall be adopted in accordance with the  procedure  Ö referred  to Õ  in  Article  13
Ö (2) Õ.

                                            ê 1601/91

                                                                    Article 10

In order to be marketed for human consumption within the Community, imported drinks  defined  by  this  Regulation  and  bearing  a  geographical
ascription may, subject to reciprocal arrangements, qualify for the supervision and protection referred to in the second subparagraph of  Article
9(1).

                                            ê 1601/91 (adapted)

The first subparagraph shall be implemented by agreements to be negotiated and concluded with the third countries concerned under  the  procedure
laid down in Article Ö 133 Õ of the Treaty.

The implementing rules and the list of products referred to in the  first  subparagraph  shall  be  adopted  in  accordance  with  the  procedure
Ö referred to Õ in Article Ö 13(3) Õ.

                                            ê 3378/94 Art. 1(2)

                                                                    Article 11

1. Member States shall adopt all measures necessary to permit those concerned to prevent, under the conditions laid down in Articles  23  and  24
of the Agreement on Trade-Related Aspects of Intellectual Property Rights[17], the  use  within  the  Community  of  a  geographical  designation
identifying products covered by this Regulation for products which do not originate in the place referred to by the geographical  designation  in
question, including in cases where the actual origin of the product is indicated or where the geographical designations given in  translation  or
accompanied by expressions such as “like”, “type”, “style”, “imitation” or other.

For the purposes of this Article, “geographical designation” shall mean any indication identifying a product as originating in the  territory  of
a third country which is a member of the World Trade Organisation, or in a region or locality of that territory, where a quality,  reputation  or
other specific characteristic of that product can essentially be attributed to that geographical origin.

                                            ê 3378/94 Art. 1(2) (adapted)

2. Paragraph 1 shall apply notwithstanding Article 10 and other provisions of Community legislation laying down rules  for  the  description  and
presentation of products covered by this Regulation.

3. Detailed rules for the application of this Article, where necessary, shall be adopted in accordance with  the  procedure  Ö referred  to Õ  in
Article Ö 13(3) Õ .

                                            ê 1601/91 (adapted)

                                                                    Article 12

Other than in the case of exceptions to be decided in accordance with the procedure Ö referred to Õ in  Article  13  Ö (2) Õ,  aromatized  drinks
intended for export must comply with the provisions of this Regulation.

                                            ê 1882/2003 Art. 2 and Annex II, pt. 6 (adapted)

                                                                    Article 13

1. Ö The Commission is assisted by Õ an implementation committee for the drinks referred to in this Regulation (hereinafter referred to  as  “the
Committee”) .

2. Where reference is made to this Ö paragraph Õ, Articles 4 and 7 of Decision 1999/468/EC shall  apply,  having  regard  to  the  provisions  of
Article 8 thereof.

                                            ê 1882/2003 Art. 2 and Annex II, pt. 6

The period provided for in Article 4(3) of Decision 1999/468/EC shall be one month.

                                            ê 1882/2003 Art. 3 and Annex III, pt. 23 (adapted)

3. Where reference is made to this Ö paragraph Õ, Articles 5 and 7 of Decision 1999/468/EC shall  apply,  having  regard  to  the  provisions  of
Article 8 thereof.

                                            ê 1882/2003 Art. 3 and Annex III, pt. 23

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

                                            ê 1882/2003 Art. 2 and Annex II, pt. 6 (adapted)

Ö 4. The Committee shall adopt its rules of procedure. Õ

                                            ê 1601/91 (adapted)

Ö 5. Õ The Committee may consider any other question referred to it by its chairman, either on his own  initiative  or  at  the  request  of  the
representative of a Member State.

                                                                  Ö Article 14 Õ

Ö Aromatized drinks produced and labelled before 17 December 1991 may be disposed of until stocks run out. Õ

                                            ê 

                                                                    Article 15

Regulation (EEC) No 1601/91 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance  with  the  correlation
table in Annex IV.

                                            ê 1601/91 (adapted)

                                                                    Article 16

This Regulation shall enter into force on the Ö twentieth Õ day following that of its  publication  in  the  Official  Journal  of  the  European
Ö Union Õ .

                                            ê 1601/91

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, […]

For the European Parliament  For the Council
The President    The President
[…]   […]

                                            ê 1601/91

                                                                     ANNEX I

                                         Characteristics of ethyl alcohol as referred to in Article 3(d)

|1. Organoleptic characteristics:                                                     |No detectable taste other than that of the raw      |
|                                                                                     |material                                            |
|2. Minimum alcoholic strength by volume:                                             |96,0% vol                                           |
|3. Maximum level of residues                                                         |                                                    |
|Total acidity expressed in g of acetic acid per hl of alcohol at 100% vol:           |                                                    |
|                                                                                     |1,5                                                 |
|Esters expressed in g of ethyl acetate per hl of alcohol at 100% vol:                |                                                    |
|                                                                                     |1,3                                                 |
|Aledhydes expressed in g of acetaldehyde per hl of alcohol at 100% vol:              |                                                    |
|                                                                                     |0,5                                                 |
|Higher alcohols expressed in g of methyl-2 propanol-1 per hl of alcohol at 100% vol: |                                                    |
|                                                                                     |                                                    |
|                                                                                     |0,5                                                 |
|Methanol expressed in g per hl of alcohol at 100% vol:                               |                                                    |
|                                                                                     |50                                                  |
|Dry extract expressed in g per hl of alcohol at 100% vol:                            |                                                    |
|                                                                                     |1,5                                                 |
|Volatile bases containing nitrogen expressed in g of nitrogen per hl of alcohol at   |                                                    |
|100% vol:                                                                            |                                                    |
|                                                                                     |0,1                                                 |
|Furfural:                                                                            |Not detectable                                      |

                                                               ____________________

                                                                     ANNEX II

                                                     Aromatized drinks based on wine products

                                                            Geographical designations

                                                           referred to in Article 6(2)

Nürnberger Glühwein

                                            ê 2061/96 Art. 1 pt. 7

Thüringer Glühwein

                                            ê 1601/91

Vermouth de Chambéry

Vermouth di Torino

                                                                    __________

                                            é

                                                                    ANNEX III

                                                                      Part A

                                                Repealed Regulation with its successive amendments

|Council Regulation (EEC) No 1601/91                                                   |                                            |
|(OJ L 149, 14.6.1991, p. 1)                                                           |                                            |
|Council Regulation (EEC) No 3279/92                                                     |                                            |
|(OJ L 327, 13.11.1992, p. 1.)                                                           |                                            |
|Regulation (EC) No 3378/94 of the European Parliament and Council                       |Only Article 1(2)                           |
|(OJ L 366, 31.12.1994, p. 1)                                                            |                                            |
|Regulation (EC) No 2061/96 of the European Parliament and Council                       |                                            |
|(OJ L 277, 30.10.1996, p. 1)                                                            |                                            |
|Regulation (EC) No 1882/2003 of the European Parliament and Council                     |Solely Annex II pt. 6 and Annex III pt. 23. |
|(OJ L 284, 31.10.2003, p. 1)                                                            |                                            |

                                                                      Part B

                                                            Non-Repealed Amending Act

1994 Act of Accession

                                                                  _____________

                                                                     ANNEX IV

                                                                Correlation Table

|Regulation (EEC) No 1601/91                                          |This Regulation                                                      |
|Article 1                                                            |Article 1                                                            |
|Article 2(1) introductory wording                                    |Article 2(1) introductory wording                                    |
|Article 2(1)(a) introductory wording                                 |Article 2(1)(a) introductory wording                                 |
|Article 2(1)(a) first indent                                         |Article 2(1)(a)(i)                                                   |
|Article 2(1)(a) second indent                                        |Article 2(1)(a)(ii)                                                  |
|Article 2(1)(a) third indent                                         |Article 2(1)(a)(iii)                                                 |
|Article 2(1)(a) fourth indent                                        |Article 2(1)(a)(iv)                                                  |
|Article 2(1)(a) fifth indent                                         |Article 2(1)(a)(v)                                                   |
|Article 2(1)(a) final sentence                                       |Article 2(1)(a) final sentence                                       |
|Article 2(1)(b) introductory wording                                 |Article 2(1)(b) introductory wording                                 |
|Article 2(1)(b) first indent                                         |Article 2(1)(b)(i)                                                   |
|Article 2(1)(b) second indent                                        |Article 2(1)(b)(ii)                                                  |
|Article 2(1)(b) third indent                                         |Article 2(1)(b)(iii)                                                 |
|Article 2(1)(b) fourth indent                                        |Article 2(1)(b)(iv)                                                  |
|Article 2(1)(b) fifth indent                                         |Article 2(1)(b)(v)                                                   |
|Article 2(1)(b) final sentence                                       |Article 2(1)(b) final sentence                                       |
|Article 2(1)(c) introductory wording                                 |Article 2(1)(c) introductory wording                                 |
|Article 2(1)(c) first indent                                         |Article 2(1)(c)(i)                                                   |
|Article 2(1)(c) second indent                                        |Article 2(1)(c)(ii)                                                  |
|Article 2(1)(c) third indent                                         |Article 2(1)(c)(iii)                                                 |
|Article 2(1)(c) fourth indent                                        |Article 2(1)(c)(iv)                                                  |
|Article 2(1)(c) fifth indent                                         |Article 2(1)(c)(v)                                                   |
|Article 2(1)(c) final sentence                                       |Article 2(1)(c) final sentence                                       |
|Article 2(2)                                                         |Article 2(2)                                                         |
|Article 2(3) introductory wording                                    |Article 2(3) introductory wording                                    |
|Article 2(3)(a) introductory wording                                 |Article 2(3)(a) introductory wording                                 |
|Article 2(3)(a) first indent                                         |Article 2(3)(a)(i)                                                   |
|Article 2(3)(a) second indent                                        |Article 2(3)(a)(ii)                                                  |
|Article 2(3)(a) third indent                                         |Article 2(3)(a)(iii)                                                 |
|Article 2(3)(a) fourth indent                                        |Article 2(3)(a)(iv)                                                  |
|Article 2(3)(a) final sentences                                      |Article 2(3)(a) final sentences                                      |
|Article 2(3)(b) to (f)                                               |Article 2(3)(b) to (f)                                               |
|Article 2(3)(f)a                                                     |Article 2(3)(g)                                                      |
|Article 2(3)(g)                                                      |Article 2(3)(h)                                                      |
|Article 2(3)(h)                                                      |Article 2(3)(i)                                                      |
|Article 2(3)(i)                                                      |Article 2(3) second subparagraph                                     |
|Article 2(4) introductory wording                                    |Article 2(4) introductory wording                                    |
|Article 2(4)(a) introductory wording                                 |Article 2(4)(a) introductory wording                                 |
|Article 2(4)(a) first indent                                         |Article 2(4)(a)(i)                                                   |
|Article 2(4)(a) second indent                                        |Article 2(4)(a)(ii)                                                  |
|Article 2(4)(b) introductory wording                                 |Article 2(4)(b) introductory wording                                 |
|Article 2(4)(b) first indent                                         |Article 2(4)(b)(i)                                                   |
|Article 2(4)(b) second indent                                        |Article 2(4)(b)(ii)                                                  |
|Article 2(4)(b) third indent                                         |Article 2(4)(b)(iii)                                                 |
|Article 2(4)(c)                                                      |Article 2(4) second subparagraph                                     |
|Article 2(5)(6) and (7)                                              |Article 2(5)(6) and (7)                                              |
|Articles 3, 4 and 5                                                  |Articles 3, 4 and 5                                                  |
|Article 6(1)                                                         |Article 6(1)                                                         |
|Article 6(2)(a)                                                      |Article 6(2) first subparagraph                                      |
|Article 6(2)(b)                                                      |Article 6(2) second subparagraph                                     |
|Article 6(3) and(4)                                                  |Article 6(3) and(4)                                                  |
|Article 7                                                            |Article 7                                                            |
|Article 8(1) to (4)                                                  |Article 8(1) to (4)                                                  |
|Article 8(4a)                                                        |Article 8(5)                                                         |
|Article 8(5)                                                         |Article 8(6)                                                         |
|Article 8(6)                                                         |Article 8(7)                                                         |
|Article 8(7)                                                         |Article 8(8)                                                         |
|Article 8(8)                                                         |Article 8(9)                                                         |
|Article 8(9)                                                         |Article 8(10)                                                        |
|Article 9                                                            |Article 9                                                            |
|Article 10                                                           |Article 10                                                           |
|Article 10 a                                                         |Article 11                                                           |
|Article 11                                                           |Article 12                                                           |
|Article 12(1)                                                        |Article 13(1)                                                        |
|Article 12(2)                                                        |Article 13(4)                                                        |
|Article 13                                                           |Article 13(2)                                                        |
|Article 14                                                           |Article 13(3)                                                        |
|Article 15                                                           |Article 13(5)                                                        |
|Article 16                                                           |-                                                                    |
|-                                                                    |Article 15                                                           |
|Article 17, first subparagraph                                       |Article 16                                                           |
|Article 17, second subparagraph, first sentence                      |-                                                                    |
|Article 17, second subparagraph, second sentence                     |Article 14                                                           |
|Annex I                                                              |Annex I                                                              |
|Annex II                                                             |Annex II                                                             |
|-                                                                    |Annex III                                                            |
|-                                                                    |Annex IV                                                             |

                                                                  _____________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]   Carried out pursuant to the Communication from the Commission to the European Parliament and the  Council  –  Codification  of  the  Acquis
      Communautaire, COM(2001) 645 final.
[4]   See Annex III to this proposal.
[5]   OJ C […], […], p. [...].
[6]   OJ C […], […], p. [...].
[7]   OJ L 149, 14.6.1991, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and  Council  (OJ  L  284,
      31.10.2003, p. 1).
[8]   See Annex III.
[9]   Ö OJ L 109, 6.5.2000, p. 29. Õ Directive as last amended by Directive 2003/89/EC (OJ L 308, 25.11.2003, p. 15).
[10]  Ö OJ L 330, 5.12.1998, p. 32. Directive as amended by Regulation (EC) No 1882/2003 Õ.
[11]  OJ L 229, 30.8.1980, p. 1. Directive as last amended by Regulation (EC) No 1882/2003.
[12]  OJ L 184, 15.7.1988, p. 61. Directive as last amended by Regulation (EC) No 1882/2003.
[13]  OJ L 184, 17.7.1999, p. 23.
[14]  OJ L 179, 14.7.1999, p. 1.
[15]  OJ L 160, 12.6.1989, p. 1.
[16]  OJ L 40, 11.2.1989, p. 27.
[17]  OJ L 336, 23.12.1994, p. 219.