CELEX: 51991PC0532(02)
Language: en
Date: 1991-12-12
Title: Amended proposal for a COUNCIL REGULATION ( EEC ) amending Regulation ( EEC ) No 2392/89 laying down general rules for the description and presentation of wines and grape musts

23 . 1 . 92                              Official Journal of the European Communities                                  No C 17 / 5
                 Amended proposal for a Council Regulation (EEC) amending for the second time Regulation
                 (EEC) No 2392/89 laying down general rules for the description and presentation of wines and
                                                            grape musts
                                                           (92 /C 17/ 04)
                                                        COM(91) 532 final
                 (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 13 December
                                                                1991)
The Articles are hereby amended as follows :                          7 . Article 40 is amended as follows :
 !Article 1
                                                                          (a) the following subparagraph is added to para­
                                                                              graph 1 :
Regulation (EEC) No 2392/ 89 is hereby amended as                             "The geographical name of a specified region
follows :
                                                                              must be sufficiently precise and commonly linked
1 . In the last subparagraph of Article 4 (4), "31 August                     to the production area in order, taking account of
    1991 " is replaced by " 31 August 1993".                                  existing situations, to prevent confusion." ;
2. The following subparagraph is added to :                               (b) the second subparagraph of paragraph 3 is
                                                                              replaced by the following :
    — Article 5 ( 1 ) (f),                                                    "Moreover, the holder of a well-known registered
    — Article 14 ( 1 ) (e):                                                   brand name for a wine or a grape must which
                                                                              contains wording that is identical to the name of a
    "This shall not apply as regards use of the name of                       specified region or the name of a geographical
    the variety 'Barbera' in connection with the name of                      unit smaller than a specified region may, even if
    the specified region 'Conca de Barbera'."                                 he is not entitled to use such a name pursuant to
                                                                              paragraph 2 , continue to use that brand name
3 . Article 13 (3) (b) is replaced by the following :                         where it contains the proper name of the original
                                                                              holder or of the name-giver inspiring the brand
    "(b) the name of a geographical unit as referred to in                    name, provided that the brand name has been
           paragraph 1 where the wine is obtained from a                      registered for at least 25 years prior to official
            mixture of grapes, grape musts, new wines still                   recognition of the related geographical name by
            in fermentation or, until 31 August 1995 , wines,                 the producer Member State in accordance with
            originating in the geographical unit the name of                  Article 1 (3) of Regulation (EEC) No 823 / 87 as
           which is to be used for the designation, with a                    regards quality wines psr, and provided that the
           product obtained in the same specified region                      brand name has actually been used uninter­
           but outside that unit, provided that at least 85 %                 ruptedly during that period .
            of the quality wine psr concerned is obtained
            from grapes picked in the geographical unit the                   Brand names complying with the conditions of
            name of which it bears ;".                                        the first and second subparagraphs may not be
                                                                              invoked against the use of the names of
4. The following is added to Article 20 (2) :                                 geographical units used to describe a quality wine
                                                                              psr or a table wine."
    "(f) a trade mark, under the terms of Article 40 ."
                                                                      Article 2
5 . The following subparagraph is added to Article
    27 (2):                                                           This Regulation shall enter into force on the third day
                                                                      following its publication in the Official Journal of the
    "In addition, the description may also conclude a                 European Communities.
    trade mark, under the terms of Article 40 ."
                                                                      Article 1 (3) shall apply from 1 September 1991 and
6. Article 37 ( 1 ) (e) is replaced by the following :                Article 1 point (6) shall apply from 1 January 1993 .
    "(e) have a closing device which is not covered with              This Regulation shall be binding in its entirety and
            a lead-based capsule ."                                   directly applicable in all Member States.'