CELEX: 51981PC0543
Language: en
Date: 1981-09-29
Title: Proposal for a COUNCIL REGULATION (EEC) amending for the third time Regulation (EEC) No 355/79 laying down general rules for the description and presentation of wines and grape musts

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 543
Vol. 1981/0163
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(81)543 final
                                                Brussels . 29 September 1981
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                           Proposal for a
                      COUNCIL REGULATION ( EEC )
     amending for the third time Regulation ( EEC ) No 355 / 79
       laying down general rules for the description and
               presentation of wines and grape musts
          ( submitted to the Council by the Commission )
I
   C0M(81 ) 543 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM
The propose of this proposed Regulation is to amend Regulation ( EEC) N° 355 / 79
laying down general rules for the discription and presentation of wines and
grape musts . The amendments concern the following points :
- Extension for two years   of the transitional period during which indication
   of the actual alcoholic  strength, is optional . The arrangements wiht regard
   to indication of actual  alcoholic strength vary from Member State to Member
   State , and more time is needed to work out a definitive Community system ,
- Extension for two years of the transitional period during which' indication
   of a reference to the bottling of a quality wine psr in the area of
   production may be made , in order to enable the bottlers concerned to make
   the necessary adjustments ,
- Introduction of the possibility of designating table wines resulting rfrom ,
   the coupage of wines from various Member States by indicating the Member
   States from which the wines used for this coupage come ,    -
- Authorization to the Member States to permit certain indications on the -
   labels of wines which are made in an official language of the Community to
   be accompanied by their translation in another language .
Adoption of this Regulation will not involve any expenditure in the Community
budget .               ,-                               *                     " -
 ---pagebreak---                                           PROPOSAL FOR
                                 COUNCIL REGULATION ( EEC )
                 amending for the third time Regulation ( EEC ) N° 355 / 79 ^
                      laying down general rules for the description 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 ) N° 337 / 79 of 5 February 1979 on the
common organization of the market in wine ( 1 ), as last amended by Regulation
( EEC ) N° 3456 /80 ( 2 ), and in particular Article 54(1 ) therof ,
Having regard to the proposal from the Commission ,
         . Council                                       '    v
Whereas Regulation ( EEC ) N° 355 / 79 ( 3 ), as last amended by Regulation ( EEC )
N° 1016 / 81 ( 4 ), laid down general rules for the description and presentation
of wines and grape musts ;
Whereas , at present , indication of the actual alcoholic strength by volume is
optional and has been regulated only for a transitional period , by Regulation
( EEC ) N° 355 / 79 ; whereas , in accordance with Article 3(3 ), Article 13(3 ) and
Article 30(4 ) of that Regulation , the Council should decide not later than 31 August
1981 on the common arrangements regarding the indication of the alcoholic
strength by volume of wine to apply after that date ; whereas , moreover ,
Article 6(3 ) of Council Directive 79/ 112 /EEC of 18 December 1979 on the
approximation of the laws of the Member States relating to the labelling ,
presentation and advertising of foodstuffs for sale to the ultimate comume
( 5 ) provides that the Council should , before expiry of a period of four years
( 1)  OJ N°  L   54 ,  05.03.1979 , p. 1
(2)   OJ N°  L 360 ,   31.12.1980 , p. 18
(3)   OJ Na  L   54 ,  05.03.1979 , p. 99
(4)   OJ N°  L  103 ,  15.04.1981 , p. 7
( 5 ) OJ N° L    33 , 08.02.1979 , p.   1
 ---pagebreak--- following notification of the Directive , determine the rules for labelling
regarding alcoholic strength ; whereas , in order to coordinate application of
these Community provisions and to allow time for more thorough study of the
question of the indication . of the actual alcoholic strength by volume , the >
date laid down for the Council Decision should be postponed for two years ;
Whereas experience has shown that the expression "wine from different
countries of the European Community " as a designation for table wines
resulting from a coupage of products from various Member States is neither
easily understood rior appreciated by consumers , in particular in certain
Member States ; whereas provision should therefore be made , as an alternative ,
for another wording of the designation for these wines , and for the Member States
 to be allowed to prohibit one or other of the two ;
Whereas in order to respect multilingualism in the Community and to ensure
full information readily understood by consumers , Member States should be
authorized to allow certain indications on labels of wine and grape musts ,
made in one official language of the Community , to be repeated in^another
language , provided that use of this language is traditional and customary in
the Member State concerned or in part of its territory ;                        :
Whereas the withdrawal , planned for 31 August 1981 , of the night, to state that
a quality wine pstr has been bottled in the production area could well weaken
the competitive capacity of some bottlers J whereas in order to facilitate the
transition to the situation resulting from the withdrawal of this right , the
date referred to in Article 12(2)(r ) of Regulation ( EEC ) N° 355 / 79 should be
postponed by two years ;
HAS ADOPTED THIS REGULATION
 ---pagebreak---                                           Article 1
                                     hereby
 Regulation ( EEC ) N° 355 / 79 is /amended as follows :
                                                                   in Article 12(2)(r ),
 1 . The date "31 August 1981' in the second subparagraph of Article 3(3 ), / the
      second subparagraph of Article 13(3 ) and /tlie first subparagraph of Article
      30(4 ) is replaced by " 31 August 1983".
2 . Article 2(l)(d)'and ( e ) are hereby replaced by the following :
   ' ( d ) in the case of :
     - consignment to another Member State or export : the Member State in whose
         territory the grapes were harvested and turned into wine , provided that
         both these operations took place in the same Member State ;
     - table wine which was made in a Member State other than that in which the
         grapes were harvested : the initials "EEC" ;
                   s                                                             i
     ( e ) in the case of table wine resulting from coupage :
     - of products originating in more than one Member State , either the words
         "wine from different countries of the European Community " of the words
         "wine from           followed by the indication of the Member State from
         which the wine used for this coupage came ,
     - of a table wine referred to in the second indent of ( d ) with another
         table wine or with another product with which coupage is permitted for
         the production of table wine , the words "wine from different countries of
         the European Community ".
     ( f ) in the case of the table wines referred jto in the third indent of point
            11 of Annex to Regulation ( EEC ) No 337 / 79 : the word " retsina ".
3 . The following paragraph 5a is inserted in Article 3 :
     " 5a .   For the designation of table wine resulting from a coupage undertaken
              on their territory , Member States may prohibit the use of one of the
              two indications referred to in the first indent of Article 2(l)(e )."
 ---pagebreak---                                                     - 4 -
4 . Article 3(6 ) is replaced by the following :
               :v                   -■    ■ •                   /
     6 . Subject to the provisions of the following subparagraphs , the
         information specified in Article 2 shall be given in one or more of the
         official languages of the Community . For table vines in circulation on
         their territory , Member States may permit this information also to be
         given in a language -other than an official language of the Community ,
         provided that the use of this language is traditional and customary in
         the Member State concerned or in part of its territory .
    One of the official languages of the Member State of origin shall be used :
    - for the name of a geographical unit which is smaller than the Member
      State , as referred to in Article 2(3 ) ( a ), and
    ~ for the information in respect of bottling , as referred to in Article
      2(3 ) < f )           ,
         ■ ' .                         v'               '             -
    The information referred to in the second subparagraph may
    - also be given in another official language- of the Community , or in a
                  - -                                     !..
      language ether than an official language , under the conditions referred
      to in the first subparagraph , or
    - be given solely in another official language of>the Community , where the
      latter is equated with the official language in that part of the
      territory of the Member State of origin in which the geographical unit
      referred to is situated ,                                             . ■;
    where - these practices are traditional and customary in the Member State
    concerned ;
    It may be decided that the information as to :
    - the type of product or a particular colour , as referred to in Article
      2(2 ) ( h ) ,                             . , /
    - the method of production of the table wine , as referred to in Article
      2(3 ) ( d ), and         _
    - the natural or technical conditions governing the production or the
           /                  - , .                           ,         ' ■
      ageing of the table wine , as referred to in Article 2(3)(h ),
                      • ■ '                   I           .
    is to be provided solely in one of the official languages of the Member
    State of origin ;
 ---pagebreak--- Except for derogations authorized by the Member State to take account of
commercial practices on their territory , indication of the words "wine from
different countries of the European Community " referred to in Article
2(l)(e ) shall be repeated , on a supplementary label if necessary , in an
official language of the Member State in which the wine is offered to the
consumer , if this indication appears on the label in another official
language of the Community ; it may also be repeated in a language other
than an official language referred to in the first subparagraph and
permitted by that Member State .
For the description of tables wines intended for export provision may be
made under the implementing rules for other languages to be used .
Article 13(6 ) is replaced by the following :
"6 . Subject to the provisions of the following subparagraphs , the
     indications referred to in Article 12 shall be made in one or more of
     the official languages of the Community . As regards the quality wines
     psr in circulation on thfeir territory , Member States may permit these
     indications to be made in a language other than an official language of
     the Community as well , provided that use of this language is
     traditional and customary in the Member State concerned or in part of
     its territory .                                               -
     Indication of one of the specific traditional expressions referred to'
     in ( a ), ( b ), ( c ) or ( d)'of the second subparagraph of Article 16(5 ) of
     Regulation ( EEC ) N° 338/ 79 may be given solely in the official language
     of the Member State of origin .
                                                                 t    –
     The official language of the Member State of origin shall ;be used for :
     - the name of the specified region in which the quality wine psr
       originates ,                                     ,
     - the name of a geographical unit which is smaller than the specified
       region referred to in Article 12(2)(1 ),
     - the name of the vineyard or group of vineyards as referred to in
       Article 12(2 ) ( m) , and
 ---pagebreak---                                             - 6
          "" information in respect of bottling as referred to in Article 12(2)(q )
        . However the information specified in- the third subparagraph may
          - also be given in another" official language of the Community , or in a
             language other than an official language under the conditions
             referred to in the first subparagraph or
          - be given solely in< another official language of the Community where
             the latter . is equated with the official language in that part of the
             territory of the Member State of origin in which the specific region
             referred to is situated ,
          Where such practices are traditional and customary in the Member State
          concerned ;
          It may be decided that the information as to :
          - the method of production , the type of product or a particular colour
             as referred to in Article 12(2)(k ), and
          - the natural or technical conditions governing the production or the
             ageing of the, quality wine psr , as referred to in Article 12(2)(t ),
          shall be provided solely, in the official language of the Member State
          of origin .
          For the description of quality wines psr intended for export , the
          implementing procedure may allow other languages to be used .
6 . Article 23(4 ) is replaced by the following :
    "4 . In the description of products other than table wine and quality wines
          psr on the labelling , the information specified in Article 22 shall be
          given in one or more of the official languages of the Community .
 ---pagebreak---                                          - 7 -
    This information may also be given in a language other than an official
    language of the Community provided that the use of this language is
    traditional and customary in the Member State concerned or in part of its
    territory .
    For the description of products other than table wines and quality wines
  " psr intended for export , provision may be made under the implementing rules
    for other languages to be used . "
7 . The first subparagraph of Article 30(7 ) is replaced by the following :
    " 7 . In the description of imported products on the labelling , the
                                                          *
          information specified in Articles 27 , 28 and 29 shall be given in one
          or more of the official languages of the Community . For imported
          products put into circulation on their territory , Member States may
          permit the information also to be given in a language other than an
          official language of the Community provided that use of this language ''
          is traditional and customary in the Member State concerned or in part ■
          of its territory ."
                                       Article 2
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
Article 1(1 ) shall apply with effect from 1 September 1981 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,                                   For the Council
                                                     The President