CELEX: 51980PC0437
Language: en
Date: 1980-07-16
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) AMENDING, FOR THE SECOND TIME, REGULATION (EEC) No 355/79 LAYING DOWN GENERAL RULES FOR THE DESCRIPTION AND PRESENTATION OF WINES AND GRAPE MUSTS (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 437
Vol. 1980/0154
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(80)437 final
                                                       Brussels , 16th July 1980
                                                       j  oJ
                                     tiuGeneral
                                          Secretariat / ; y
                               Χ^τΓ
                     PROPOSAL FOR A COUNCIL REGULATION ( EEC )
           AMENDING, FOR THE SECOND TIME , REGULATION ( EEC ) No 355 /79
                 LAYING DOWN GENERAL RULES FOR THE DESCRIPTION AND
                        PRESENTATION OF WINES AND GRAPE MUSTS                    *
                , ( presented by the Commission to the Council )
COM < 80 ) 437 final
 ---pagebreak---                              EXPLANATORY MEMORANDUM
     Regulation (EEC) No 355/79 laid down general rules for the
description and presentation of wines and grape musts . Experience with
this Regulation in practice and the accession of Greece suggest that some
modifications should "be made in re^spect of (a) the designation of wines
made by coupage of table wines from different Member States , (b) the
designation of Greek table wines to which resin has been added and ( c )
the option of adding the name of a larger -geographical area than the
specified region to the designation of less well-known quality wines
p.s.r .    Furthermore , some, terminological changes in the provisions
covering prohibited indications likely to mislead the consumer are
proposed *
     There are also proposals in respect of the use of containers of a
capacity of from 5 nil to 10 1 , supplementing the rules in Council
Directive 75/106/EEC on the approximation of the laws of the Member
States relating to the making-up by volume of certain prepacked
liquids . The object of these supplementary provisions is complete
standardization of the nominal volumes of bottles employed for wines
throughout the Community .
     The adoption of this Regulation involves no expenditure against the
Community budget .
 ---pagebreak---                                  PROPOSAL FOR A
                          COUNCIL REGULATION (EEC ) No                    *
                                 of
           amending, for the second time , Regulation (EEC) No 355/79
         ■ laying down general rules for the description and presentation
                             of wines and grape musts
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,   - . .   ■
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation (EEC ) No 337/79 of 5 February 1979
on the common organization of the market in wine \ as last amended
by Regulation (EEC) No           , and in particular Article 54(l ) thereof ,
Having regard to the proposal from the Commission ,
                     -             .  ^
Whereas Regulation (EEC ) No 355/79 , as amended "by Regulation (EEC )
No 46l/80      laid down general rules for the description and presentation
of wines and grape musts ;                             '
Whereas the rules in force for the description of table wines have not
so far expressly covered table wines obtained by the coupage , with
another product , of a table wine which was not made in the Member State
where the grapes were harvested ; whereas , in the interests of clarity ,
the description of table wines so obtained should be laid down ;
X0J NoL 54, 5.3.1979 , P.l
2                  .
30J No L 54, 5.3.1979 , P-99
40J No L 57 , 29.2.1980, p. 36
 ---pagebreak---                                         2
 Whereas the definition of table wine given xn point 11 of Annex II to
 Regulation (EEC ) No 337/79 has "been expanded to include a definition of
 " retsina" table wine ; . whereas rules for the use of the term "retsina"
  should be laid down in- the present Regulation ;
 Whereas the obligation to repeat , sometimes on an additional label ,
 the expression " Wine from different countries of the European Community"
 in an official language of the Member State in which the wine in question
 is offered to the consumer has caused some practical difficulties ;
 whereas , in order to overcome these difficulties , which could increase
 the cost of distributing the products in question , the Member State to
 which the said products are consigned should have discretion to decide
 whether the expression referred to above should be repeated in an official
language of that Member State ;
 Whereas , in order to ensure consistent application of the provisions
 prohibiting certain indications which might mislead the consumer ,
 particularly those concerning the geographical origin , the vine variety ,
 the vintage , an expression implying a superior quality or the composition
 of the product , and in order to make the said provisions simpler to
 interpret , they should be adapted so that their scope in all the official
 languages of the Community is the same ;
                                                        1
 Whereas the regions specified for produotion of quality vanes are in some
 cases quite small and the consumer , particularly outside the producer
 Member State , has little idea of their whereabouts ;    whereas , with a
 view to giving the consumer more information , it should be permitted
 to amplify the statement of the specified region from which the quality
 wine p.s.r . in question comes by adding the name of a larger geographical
 unit of which the said specified region is a part ;
 ---pagebreak---                                              3
  Whereas the nominal volume of the containers of a nominal volume of
  not less than 5          and. not exceeding 10 1 in which wines and grape
_ musts may "be put up is covered "by Council Directive 75/IO6/EEC on the
  approximation of the laws of the Member States relating to the making-up
              j* . . 1 _ •          ^   ^ ^    ^  5
  tjy volume of certain prepackaged liquids , as amended lay Directive
  79/1005/EEC        whereas the said Directive does not prevent the Member
  States from allowing the use pf containers of a volume which complies
  with Annex III to the said Directive but does not comply with the
  regulations or commercial practice of the Member State from which the
  product originates , whereas , in order to encourage trade amongst
  the Member States by imposing full standardization throughout the
  Community , to eliminate clear distortions of competition if the same wine
  were to be offered in bottles of a very similar nominal volume , to avoid
  costly sorting before the recycling of empty bottles and to facilitate
  export , appropriate provisions for this purpose should be adopted ; .
  Whereas the application of Member States' legislation governing, in
  order to meet environmental requirements , the use of containers with a
  view to their recycling may make it necessary to derogate from the
  Community provisions on the nominal volume of containers for wines and
  grape musts } whereas provision should be made for the Commission to authorize
7 application of the said national provisions by way of derogation . from the
  Community provisions on the nominal volume of containers whose use is pres­
  cribed for wine and grape musts,                       -     '
  5 OJ No L 42 , 15.2.1975 , P.l »
  6 OJ No L 308. 4.12.1979 , P.25
 ---pagebreak---                                            4
HAS ADOPTED THIS REGULATION 2
                                       Article 1
Article 2(l)(d ) of Regulation (EEC ) Ho 355/ 79        hereby replaced, by the
following text ;
"( d )   in the case of :
         (i)    consignment to another Member Sbako or export ;   the 'Member
                State in whose terrirory the grapes were harvested and turned
                into wins , provided that both these operations Look place
                in the same Member Stats ;
       ( ii ) table wine which was made in a Member State other than that in
                which the grapes were harvested ;  the initials "EEC ";
       ( iii ) table wine resulting from courage
                – of products originating in snore than one Member State ,
                – of a table wine referred to in ( ii ) above with another table
                  wine or another product with which coupagt. is penoitted for
                  the production ef a table vane ;
                  the words " wine from different countries cf the European
                  Community'- 1 .
                                                            %
                                       Article 2.
1.     The following text shall be added to Article 2(1 ; of Regulation
       (EEC ) No 355/79 :
         "( e )  in the case of the table wines referred tc in the third
                 indent of point 11 of Annex II to Regulation ( EEC ) Ec 337/79 "
                 the word 3, Rettsina"
 ---pagebreak---                                          5
2 . The following text shall "be added to ( b) in the second subparagraph
       of Article 3(6 ) of Regulation (EEC) No 355/79 » after the third
       indent :
       *• - the Word "Retsina" , referred to in Article 2(l)(e )".
     »
                                   Article 3
Paragraph ( c ) in the second subparagraph of Article 3(6 ) of Regulation
(EEC ) No 355/79 is amended to read as follows :
"( c ) the Member States may prescribe , for table wines marketed on their
          territory , that indication of the terms referring to coupage of the
   I      products referred to in Article 2(l)(d)(iii ) shall be repeated ,
          on a supplementary label if necessary , in an official language of
        . the Member State in which the wine in question is offered to the
          consumer , if this indication appears on the label in another
          official language of the Community" .
                                   Article 4
1 . Article 8(c ) of -Regulation (EEC ) No 355/79 is hereby amended , except
       for the English text , which needs no change .
                                                          *
2 . Article 18(c ) of Regulation (EEC ) No 355/79 is hereby amended ,
       except for the English text , which needs no change .
 ---pagebreak---                                        6
3.   Article 34(c ) of Regulation (EEC ) No 355/ 79 is hereby amended , except
     for the English text , which needs no change .
                                   Article 5
The following text is hereby added to the second indent of Article 13(l )
of Regulation (EEC ) No 355/79 :
" - The Member States may allow the statement of the specified region
     referred to in Article 12(l)(a ) to be accompanied by a statement of
     the name of a larger geographical unit of which the specified region
     in question is a part , in order to indicate its whereabouts , provided
     however , that the conditions governing use of the name of the said
     specified region and of the name of the said geographical unit are
     complied with ."
                                   Article 6
                                    fc
The following Article shall be added to Regulation (EEC ) No 355/ 79 :
" Article 39a
  1.  The nominal volumes of products put up in contaihers of from 5
      to 10 1 :
      ( a)  shall be those given in column I , point l(a ) and ( b ) of
            Annex III to Directive 75/l06/EEC ,
      ( b ) may also , up to 31 December 19$5 » he of 0.73 litre , and up to
            31 December I988 , be the other columes listed in column II ,
            point l(a) of Annex III to the said Directive for the Member
            States in which they were permitted as at 31 December 1973 .
 ---pagebreak---                                       7
The Member States may not , for reasons concerning the nominal volumes ,
provided that these are listed in Annex III to Directive 75/106/EEC , or
concerning the determination of such volumes or the methods by which they
    y
have been checked , refuse , prohibit or restrict the placing on the market
of products put up in containers whose nominal volumes comply with the
provisions of the above subparagraph ;
2 . However , by way of derogation from paragrph 1 , a Member State may ,
    for its internal trade , export trade and intrar-Community trade ,
    whether market preparation is done within the geographical territory
    of that Member State , in another Member State or in a non-member,
    country , authorize the use of containers with nominal volumes other
    than those referred to in paragraph 1 up to 31 December 1983 .
3.  The maximum ullage tolerance for the containers referred to in
    paragraph 1 shall be that fixed in Directive 75/l06/EEC .
         '    *                       .                     '             '
4.  If a Member State wishes to permit the use of containers of a V
    nominal volume which is not listed in Column I of Annex III to
    Directive 75/l06/EEC after 31 December 19^3 by virtue of its
    legislation governing, in order to meet environmental requirements ,
    the use of containers with a view to their recycling , it shall .
    notify the Commission accordingly .    The -Cbmmission shall decide ,
                                                       1
    not later than six months after such . notification , what derogations
    may be made to this Regulation and shall make them subject to any
    appropriate conditions".
 ---pagebreak---                                           8
                                     Article 7
Article 43(l ) of Regulation (EEC ) No 355/ 79 is amended to read as
follows :
"Article 43
1.   The description and presentation of the products referred to m
     Article 1(3 ) must not "be such as to mislead with regard to the
     nature , origin and composition of the product ;     this shall apply-
     to the information referred to in Articles 2 , 12 , 27 , 28 and 29".
                                     Article 8
This Regulation shall enter into force on the third day following that
of its publication in the Official Journal of the European Communities .
Articles 1 , 3 , 4 , 5 a*1*! 7 shall apply with effect from 1 September I98O .
                                     t
Articles 2 and 6 shall apply with effect from 1 January I98I .
This Regulation shall "be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                                     for the Council