CELEX: 51988PC0368
Language: en
Date: 1988-06-30
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN GENERAL RULES FOR THE DESCRIPTION AND PRESENTATION OF WINES AND GRAPE MUSTS

16. 8. 88                              Official Journal of the European Communities                             No C 214/37
              Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 2239/86 on a specific
                              common measure to improve vine-growing structures in Portugal
                                                     COM(88) 327 final
                                     (Submitted by the Commission on 30 June 1988)
                                                        (88/C 214/13)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          HAS ADOPTED THIS REGULATION:
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43 thereof,
                                                                                            Article 1
Having regard to the proposal from the Commission,
In cooperation with the European Parliament,                      The second subparagraph of Article 9(5) of Regulation
Whereas the special nature of the problems of Portuguese          (EEC) No 2239/86 is hereby replaced by the following:
agriculture has been acknowledged by the European
Council; whereas special efforts must be made to facilitate           'As regards the permanent abandonment premium, the
the harmonious integration of Portuguese agriculture into             Fund, Guidance Section, shall repay 75 % of expendi-
the Common Agricultural Policy, in particular by closer               ture within the limits laid down in Article 6(4).'
alignment on the requirements of the said policy and by the
qualitative improvement of agricultural production;
Whereas there is a surplus of Pine products and it is                                       Article 2
necessary to reduce the production potential; whereas the
financial resources available to Portugal are limited, and,       This Regulation shall enter into force on the third day
consequently, the rate of the Community contribution              following its publication in the Official journal of the
should be raised to 75 % for measures to encourage                European Communities.
definitive abandonment of certain areas under vines which,
in Portugal, qualify for 70 % reimbursement under
                                                                  It shall apply with effect from 1 January 1988.
Council Regulation (EEC) No 2239/86 (l),
                                                                  This Regulation shall be binding in its entirety and directly
(!) OJ No L 196, 18. 7. 1986, p. 1.                               applicable in all Member States.
              Proposal for a Council Regulation (EEC) laying down general rules for the description and
                                           presentation of wines and grape musts
                                                     COM(88) 368 final
                                      (Submitted by the Commission on 6 July 1988)
                                                        (88/C 214/14)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          in wine (*), as last amended by Regulation (EEC) No 1441/
                                                                  88 (2), and in particular Articles 72(1) and 79(2) thereof,
Having regard to the Treaty establishing the European
Economic Community,                                               Having regard to the proposal from the Commission,
Having regard to Council Regulation (EEC) No 822/87 of            (!) OJ NoL 84, 27.3. 1987, p. 1.
16 March 1987 on the common organization of the market            (2) OJ NoL 132, 28.5. 1988, p. 1.
 ---pagebreak---  No C 214/38                              Official Journal of the European Communities                                    16. 8. 88
 In cooperation with the European Parliament,                        Whereas, in the case of the description, a distinction should
                                                                     be made between mandatory information necessary to
                                                                     identify the product and optional information designed
                                                                     mainly to indicate the special properties of the product or
 Whereas the general rules laid down by Council Regulation           to characterize it; whereas, in view of the importance and
 (EEC) No 355/79 (»), as last amended by Regulation (EEC)            scope of the problem, steps should be taken to ensure that
 No 3485/87 (2), on the description and presentation of              the information provided is as complete as possible and
 wines and grape musts have been amended on several                  that it takes account of the different customs and
 occasions; whereas, by reason of their number, and their            traditional practices in the Member States and in third
 dispersal among various issues of the Official Journal of the       countries and complies with Community law;
 European Communities, the relevant texts are difficult to
 use and thus lack the clarity which should be an essential
 feature of all legislation; whereas they should therefore be
 consolidated;
                                                                     Whereas, in view of the differences in production
                                                                     conditions in the different wine-growing areas and to take
                                                                     account of traditional practices in some Member States,
                                                                     provision should be made to enable the Member States, in
 Whereas Article 71 of Regulation (EEC) No 822/87 lays               respect of the products obtained on their territory, either to
down certain rules governing the description of certain              make mandatory some information which is optional
wines in particular cases and provides for the adoption of           under Community provisions, to prohibit it or to limit its
general rules on the description and presentation of certain         use; whereas it must also be specified that in order to
wine products;                                                       ensure the free movement of goods each Member State
                                                                     must permit the description of products originating in
                                                                     other Member States and put on the market on its territory
                                                                     if it is in accordance with Community provisions and
Whereas the purpose of any description and presentation              permitted in the producer Member State pursuant to this
should be to supply potential buyers and public bodies               Regulation;
responsible for organizing and supervising the marketing of
the products concerned with information which is
sufficiently clear and accurate to enable them to form an
opinion of the products;
                                                                     Whereas, with a view to standardizing the description and
                                                                     presentation of Community wines and grape musts
                                                                     intended for export to third countries, provision should be
                                                                     made for laying down supplementary or exceptional rules
Whereas it is important to harmonize as far as possible the
                                                                    in respect of these products in so far as the legislation of the
various Community texts on the description and presen-
                                                                    third countries concerned makes this necessary;
tation of foodstuffs and particularly' those on the wine
sector;
                                                                    Whereas it is important to specify the cases in which
Whereas the Community rules on the description and                  indication of the bottler and of the consignor on the label is
presentation of wines and grape musts are to a large extent         required by means of a code, in order to avoid confusion in
based on the national rules applied by the Member States            the consumer's mind as to the real origin of the wine;
before adoption of the Community rules; whereas the                 whereas it is furthermore appropriate to regulate the cases
national rules in question were based on widely differing           in which, in order to facilitate commercial transactions,
approaches; whereas some Member States gave priority to             codes may be used on a voluntary basis to indicate
accurate consumer information and to the freedom of                 information on bottling and on the consignor;
action of the trade, while other Member States en-
deavoured to combine these aspects with the need to
protect producers on their territory against distortions of
competition; whereas, with the aim of reconciling these
different approaches as far as possible and of avoiding too         Whereas Council Directive 79/112/EEC of 18 December
divergent interpretations, it was deemed appropriate to lay          1978 on the approximation of the laws of the Member
down fairly comprehensive rules on description; whereas,            States relating to the labelling, presentation and advertising
to ensure that these rules are effective, the principle should      of foodstuffs for sale to the ultimate consumer (3), as last
also be established that only the details specified in the rules    amended by Directive 86/197/EEC (4), provides for the
in question or in the relevant rules implementing are               introduction of the principle of the compulsory indication
permitted for the description of wines and grape musts;             of the actual alcoholic strength of all alcoholic beverages;
(') OJ No L 54, 5.3. 1979, p. 99.                                   (3) OJ No L 54, 5. 3. 1979, p. 99.
(2) OJ No L 330, 21. 11. 1987, p. 1.                                (4) OJ No L 144, 29. 5. 1986, p. 38.
 ---pagebreak---  16. 8. 88                               Official Journal of the European Communities                               No C 214/39
Whereas information on the alcoholic strength of wines              Whereas, however, in order to avoid excessive severity, it is
and grape musts, particularly on the actual alcoholic               appropriate to tolerate, in certain cases, for a transitional
strength, appears necessary in order to describe on the             period, the use of trade marks registered before 31 De-
labelling the nature of the product and thus to facilitate          cember 1985 which are identical to the name of a
consumer choice; whereas provision should therefore be              geographical unit smaller than a specific region used to
made that a compulsory indication of the actual alcoholic           describe a quality wine psr or a geographical unit used to
strength be given for the products in question;                     describe a table wine referred to in Article 72(2) of
                                                                    Regulation (EEC) No 822/87;
Whereas it is important that the description of wines and           Whereas, for the sake of harmonization, provisions
grape musts may be made in each of the official                     concerning the role of control authorities in the wine sector
Community languages so as to ensure compliance with the             should be better coordinated in the cases of breach of
principle of the free movement of goods over all its                Community provisions on the description and presentation
territory; whereas it is, however, necessary that the               of products in that sector,
required information be provided in such a manner that the
end user can understand it even if it appears on the label in a
language other than the official language of his country;           HAS ADOPTED THIS REGULATION:
whereas the names of geographical units should be
indicated solely in the official language of the Member
State where the production of the wine or of the grape must
has taken place, so that the product thus described is put on
                                                                                                TITLE I
the market under its traditional name; whereas taking into
account the particular difficulties of understanding
information in Greek which stem from the fact that it is not
                                                                                            DESCRIPTION
written in the Roman alphabet, authorization shall be
given for such information to be repeated in one or more
other official Community languages;
                                                                                                Article 1
Whereas natural conditions at the place where the vineyard
which supplied the grapes used as a raw material in their
                                                                    1.   This Title lays down general rules for the description:
manufacture is situated are a factor determining the quality
of wine and must; whereas the variety of vine from which
the grapes used were obtained and the weather conditions            (a) in the case of products originating within the Com-
during the year in which the grapes were harvested are also             munity :
factors which determine the quality of a wine or must;
whereas the name of the place where the vineyard is
                                                                        — of products falling within code 2204 of the combined
situated or the name of the geographical unit in which that
                                                                            nomenclature, and
place is located together with the name of the vine variety
or the year in which the grapes were harvested constitute
information which is particularly valuable to the purchaser             — of grape musts, whether concentrated or not, as
of the product; whereas rules should therefore be laid                      defined in points 2 and 6 of Annex I to Regulation
down concerning the use of such information in the                          (EEC) No 822/87 and falling within code ex 2009 of
description of wines and grape musts;                                       the combined nomenclature;
                                                                    (b) in the case of products originating in third countries and
Whereas, with a view to establishing fair conditions of                 fulfilling the conditions laid down in Articles 9 and 10 of
competition between the different wines and grape musts,                the Treaty:
elements which are liable to create confusion or false
opinions in the minds of persons should be prohibited in                — of products falling within code 2204 of the combined
the description and presentation of those products                          nomenclature,
addressed to such persons; whereas provision should be
made in particular for similar prohibitions on trade marks
used for the description of wines and grape musts; whereas,             — of grape musts, as defined in point 2 of Annex I to
with a view to providing effective protection to geogra-                    Regulation (EEC) No 822/87 and falling within code
phical names used for the description of wine products,                     ex 2009 of the combined nomenclature, and
trade marks should be abolished which contain wording
that is identical to a geographical name used to describe a             — of concentrated grape musts, as defined in Article 2
table wine, a quality wine produced in specified regions,                   of Council Regulation (EEC) No ... defining certain
hereinafter referred to as 'quality wine psr' or an imported                products falling within codes ex 2009 and 2204 of
wine, the description of which is regulated by Community                    the combined nomenclature and originating in third
provisions, without the product described by the trade                      countries, and falling within code ex 2009 of the
mark in question being entitled to such a description;                      combined nomenclature.
 ---pagebreak--- No C 214/40                             Official Journal of the European Communities                                       16. 8. 88
However, this Title shall not apply to sparkling wines,            (a) the words 'table wine';
aerated sparkling wines, semi-sparkling wines, aerated
semi-sparkling wines and liqueur wines, as referred to in          (b) the nominal volume of the table wine in accordance
Annex I to Regulation (EEC) No 822/87 and Article 2 of                 with Council Directive 75/106/EEC (*);
Regulation (EEC) No ...
                                                                   (c) in the case of:
2. The rules referred to in paragraph 1 shall apply as
regards the description of the products concerned:                     — containers with a nominal volume of not more than
                                                                            60 litres: the name or business name of the bottler
(a) on the labels;                                                          and the local administrative area or part thereof and
                                                                            the Member State in which his head office is situated,
(b) in registers and on the accompanying and other
    documents prescribed by Community legislation,
                                                                       — other containers, the name or business name of the
    hereinafter referred to as 'official documents', other
                                                                            consignor and the local administrative area (or part
    than customs documents;
                                                                            thereof) and the Member State in which his head
                                                                            office is situated.
(c) in commercial documents, particularly in invoices and
    delivery notes;
                                                                       Where wine is bottled in or consigned from a local
(d) in advertising material, in so far as special provision is         administrative area or part thereof other than that
    made for such purpose in this Regulation.                          mentioned above or a neighbouring local administrative
                                                                       area, the information referred to in the first and second
3. The rules referred to in paragraph 1 shall apply to                 indents of (c) shall include an indication of the local
products held for sale and to products placed on the                   administrative area (or part thereof) where the
                                                                       operation took place and, if it took place in another
market.
                                                                       Member State, an indication of that State;
However, Member States may exempt from the provisions
concerning information on the labels:                              (d) in the case of:
(a) products transported:                                              (i) consignment to another Member State or export:
                                                                             the Member State in whose territory the grapes
    — between two or more establishments,                                    were harvested and turned into wine, provided that
                                                                             both these operations took place in the same
    — between vineyards and wine-making plants,                              Member State;
    belonging to the same undertaking and situated in the              (ii) table wine which was made in a Member State other
    same local administrative area;                                          than that in which the grapes were harvested: the
                                                                             words 'wine made in ... from grapes harvested in ...'
(b) quantities of grape musts and wines not exceeding                        completed by the indication of the respective
    15 litres per batch and not intended for sale;                           Member States;
(c) quantities of grape musts and wines intended for the               (iii) table wine:
    domestic consumption of the producer and his em-
    ployees.                                                                — resulting from a mixture of grapes or from
                                                                                coupage of products originating in more than one
Where the grape musts and wines referred to in (a) and (b)                      Member State, or
above are labelled, the labels used must conform to the
provisions of this Regulation.
                                                                            — resulting from coupage of a table wine referred to
                                                                                in the first indent, with a table wine referred to in
                         CHAPTER I                                              (ii):
  DESCRIPTION OF PRODUCTS ORIGINATING WITHIN                                the words 'blend of wines from different countries of
                     THE COMMUNITY                                          the European Community'.
                          Section A
                                                                   (e) in the case of the table wines referred to in the third
              DESCRIPTION OF TABLE WINES                               indent of point 13 of Annex I to Regulation (EEC)
                                                                       No 822/87: the word 'Retsina';
                         I. Labelling
                                                                   (f) in the case of table wines obtained in Spain by mixing
                                                                       red wines with white wines, the words 'vino tinto de
                           Article 2                                   mezcla' in Spanish territory;
1. In the case of table wines, the description on the
labelling shall include the following information :                (!) OJ No L 42, 15. 2. 1975, p. 1.
 ---pagebreak---  16. 8. 88                                 Official Journal of the European Communities                               No C 214/41
 (g) the actual alcoholic strength by volume.                          (c) the vintage year in accordance with the conditions laid
                                                                           down in Article 6;
2. In the case of table wines, the description on the
 labelling may be supplemented by the following inform-
                                                                       (d) details regarding the method of production of the table
ation:
                                                                           wine as described on the list in Article 13(2) of
                                                                           Commission Regulation (EEC) No             This list may
 (a) a statement as to whether the wine is red, rose or white
                                                                           include only those descriptions which arc governed, as
      or, in the case of Spain, a mixture of red table wine and
                                                                           to the conditions for their use, by provisions of the
      white table wine;
                                                                           producer Member States;
 (b) a brand name, in accordance with the conditions laid
      down in Article 40;                                             (e) an award granted by an official body or a body
                                                                           recognized for the purpose to a specified quantity of
 (c) the names or business names of the natural or legal                   table wine, provided that the information is ac-
     persons or group of persons involved in the distribution              companied by a statement of the vintage year and the
     of the table wine in question, and the local adminis-                 award can be proved by an appropriate document.
      trative area or part thereof in which their head offices
      are situated;
                                                                           The Member States shall notify the Commission on any
(d) a distinction awarded to one of the persons or to the                  awards that may be granted to table wines in their
     group of persons referred to in (c) by an official body or            territory and of the rules that are applied in this
      a body officially recognized for the purpose, where this             connection;
     is likely to enhance the reputation of the table wine
     concerned and provided that such distinction is                  (f) a statement that the wines were bottled:
     governed by implementing rules or, failing this, by
     provisions of the Member State concerned;                             — either at the vineyard where the grapes used were
                                                                               harvested and made into wine, or
(e) where the table wine is not consigned to another
     Member State or exported and if the conditions laid
     down in paragraph 1(d)(ii) and (iii) are not fulfilled, the           — by a group of vineyards, or
   . Member State in whose territory the grapes were
     harvested and turned into wine;                                       — in an undertaking situated in the wine-growing area
                                                                               indicated, with which the vineyards where the grapes
(f) the actual and/or total alcoholic strengths by volume                      used were harvested are connected as members of a
     and other analytical data, in so far as such information                  group of vineyards and which made wine from the
     is governed by implementing rules;                                        said grapes;
(g) a recommendation to the consumer as to the use of the
     wine;                                                            (g) the name of the vineyard or group of vineyards where
                                                                           the table wine in question was made, where this is likely
(h) details as to :                                                        to enhance the reputation of the wine and in so far as
                                                                           such information is governed by implementing rules or,
     — the type of product,                                                failing this, by provisions of the producer Member
                                                                           State;
     — the particular colour of the table wine,
                                                                      (h) information concerning:
     in so far as this information is governed by implement-
     ing rules or, failing this, by provisions of the Member
     State concerned. However, the use of this information                — the history of the wine in question, the undertaking
     may be confined to the table wines referred to in                         of the bottler or an undertaking of a natural or legal
     paragraph 3 ;                                                             person or group of persons involved in the distri-
                                                                               bution of the wine,
(i) by the lower-case letter 'e', indicating that the
     prepackages satisfy the conditions laid down in                      — the natural of technical conditions governing the
     Directive 75/106/EEC as regards filling.                                  production of the wine, or
3. In the case of table wines described in accordance with
Article 72(2) and (3) of Regulation (EEC) No 822/87, the                  — the ageing of the wine,
description may be further supplemented by the following
information:                                                              provided that this information is used in accordance
                                                                           with the conditions laid down by implementing rules;
(a) the name of a geographical unit which is smaller than
     the Member State, in accordance with the conditions
                                                                      (i) the term:
     laid down in Article 4;
(b) the name of one or two vine varieties, in accordance                  — 'Landwein' for table wines originating in the Federal
     with the conditions laid down in Article 5;                               Republic of Germany,
 ---pagebreak--- No C 214/42                               Official Journal of the European Communities                                    16. 8. 88
    — 'vin de pays' for table wines originating in France or         (a) shall be used in labelling the table wines referred to in
        Luxembourg,                                                      Article 2(l)(d)(ii) and (iii) to give information concern-
                                                                         ing the head office of the bottler or the consignor and,
    — 'vino tipico' for table wines originating in Italy or,             where appropriate, information concerning the place of
        either as an addition to or in place of this term, the           bottling or consignment;
        words:
                                                                     (b) shall be used in labelling a table wine to give full or
        — 'Landwein' for table wines originating in the                  partial information concerning the name of a specified
            province of Bolzano,                                         region as defined in Article 3 of Council Regulation
                                                                         (EEC) No 823/87 of 16 March 1987 laying down special
                                                                         provisions relating to quality wines produced in
        — 'vin de pays' for table wines originating in the Val
                                                                         specified regions ( ! ); however, Member States may
            d'Aosta region,
                                                                         stipulate other appropriate measures for their own
                                                                         territory in order to avoid confusion with the specified
    — 'ovo(xaCTia Kaxd TtapdSoarj', 'oivo<; xoniK.oq' for                region in question;
        table wines originating in Greece,
                                                                     (c) may, without prejudice to the provisions in (a) and (b)
    — 'vino de la tierra' for table wines originating in                 and provided the Member State within whose territory
        Spain,                                                           the table wine is bottled has so authorized, be used to
                                                                         give the information referred to in Article 2(1) (c). Such
    — 'vinho regional' for table wines originating in                    use shall be subject to the condition that the label gives
        Portugal, from the beginning of the second stage of              in full the name or business name of a person or group of
        transition laid down for Portugal,                               persons other than the bottler involved in the commer-
                                                                         cial distribution of the table wine and the name of the
    where the producer Member States concerned have laid                 local administrative area or part thereof in which the
    down rules for use in accordance with the conditions                 head office of the person or group of persons is situated.
    specified in Article 4(3): where such rules also provide
    for a control number, that number must be indicated.             5.   The information specified :
                                                                    — in Article 2(1) shall be given in one or more of the
                           Article 3                                     official languages of the Community so that the final
                                                                         consumer can easily understand each of these items of
                                                                         information,
1. Only the information specified in Article 2 shall be
allowed for the description on the labelling of table wines.
                                                                    — in Article 2(2) and (3) shall be given in one or more of
                                                                         the official languages of the Community. Notwithstan-
However:                                                                 ding the first subparagraph:
— additional rules or exceptions may be laid down in                 (a) an official language of the Member State of origin shall
    respect of table wines intended for export, in so far as             be used:
    the legislation of third countries makes this necessary,
— pending application of Community provisions on                         — for the name of a geographical unit which is smaller
    dietetic foodstuffs, Member States may, in respect of                    than the Member State, as referred to in Ar-
    table wines marketed in their territory, allow inform-                   ticle 2(3)(a),
    ation to be given as to the dietetic use of such products.
                                                                         — for the information in respect of bottling, as referred
2. In the case of table wines obtained on their territory,                   to in Article 2(3) (f), and
Member States may make compulsory, dispense with or
restrict the use of certain particulars referred to in                   — for the name of the vineyard or group of vineyards
Article 2(2) and (3).                                                        referred to in Article 2(3) (g).
3. Each Member State shall allow the description of table
                                                                         Such information may:
wines which originate in other Member States and are
distributed in its territory, provided such description
conforms to Community legislation and is allowed in the                  — be repeated in one or more other official languages of
producer Member State in accordance with this Regu-                          the Community for table wines originating in
lation.                                                                      Greece, or
4. In accordance with detailed rules to be laid down a
code:                                                               (!) OJ No L 84, 27. 3. 1987, p. 59.
 ---pagebreak--- 16. 8. 88                                  Official Journal of the European Communities                               No C 214/43
    — be given solely in another official language of the             — a region other than a specified region.
        Community, where the latter is equated with the
        official language in that part of the territory of the        The geographical units referred to in the first subparagraph
        Member State of origin in which the geographical              shall constitute production areas within the meaning of the
        unit referred to is situated, where these practices are       first, subparagraph of Article 72(3) of Regulation (EEC)
        traditional and customary in the Member State                 No 822/87.
        concerned;
                                                                      2. In the case of table wines produced in their territory
(b) one of the terms mentioned in Article 2(3) (i) shall be           and described in accordance with Article 72(2) and (3) of
    indicated in the official language used in accordance             Regulation (EEC) No 822/87 the producer Member States
    with the provisions laid down therein.                            may prohibit the use of one or more names of geographical
                                                                      units which are smaller than the Member State, as referred
    Such an indication may be repeated in one or more other           to in paragraph 1.
    official languages of the Community for table wines
    originating in Greece;
                                                                      3. The rules on use referred to in Article 2(3) (i) shall
                                                                      provide that these terms be used in conjunction with a
(c) it may be decided that the information as to:
                                                                      specific geographical reference and reserved for table wines
                                                                      meeting certain production requirements, particularly as
    — the type of product or a particular colour, as referred         regards vine varieties, minimum natural alcoholic strength
        to in Article 2(2) (h),                                       by volume and organoleptic characteristics.
    — the method of production of the table wine, as
        referred to in Article 2(3) (d), and                          Ho»wever, the above rules on use may provide for
                                                                      exemption from the requirement to use the term 'ovo|iao~ia
                                                                      Korea 7tapa5oo"T|', in conjunction with a specific geo-
    — the natural or technical conditions governing the
                                                                      graphical reference when it supplements the word
        production or the ageing of the table wine, as
                                                                      'Retsina'.
        referred to in Article 2(3) (h),
    shall be provided solely in one official language of the          4. The use of one of the names referred to in paragraph 1
    Member State of origin.                                           to describe a table wine shall be subject to the condition
                                                                      that it cannot be identified:
(d) Member States may permit:
                                                                      — either with the name of a production area of another
    — the information referred to in the first indent of (a) or           table wine to which the Member State concerned has
        in the first sentence of (b), in the case of table wines          ascribed one of the terms 'Landwein', 'vin de pays',
        produced and put on the market in their territory                 'vino tipico', 'ovofxaaia Kara 7rapti8oor|', 'oivoc;
        and                                                               xoniKoq' 'vino de la tierra', or from the beginning of the
                                                                          second stage of transition for Portugal, 'vinho regional',
    — the other information referred to in the first
        subparagraph, in the case of table wines put on the           — or with the set of particulars giving the geographical
        market in their territory,                                        designation of a quality wine psr, named after the
                                                                          specified "region, or, where appropriate, named in
    to be given also in a language other than an official                 accordance with the provisions of Article 13(1),
    language of the Community where the use of such
    language is traditional and customary in the Member               — or with the description of an imported wine referred to
    State concerned or in a part of its territory.                        in Article 26,
    For the description of table wines intended for export,           and that there is no risk of confusion with a quality wine psr
    provision may be made under the implementing rules                or with an imported wine.
    for other languages to be used.
                                                                      However, until 31 August 1991, it shall be permissible to
                                                                      use the names of the following specified regions to describe
                            Article 4
                                                                      table wines:
1. In the description of a table wine on the labelling, the           — Moselle luxembourgeoise,
name of a 'geographical unit which is smaller than the
Member State', as referred to in Article 2(3) (a), shall be
                                                                      — Puglie,
taken to mean the name of:
— a small locality or group of localities,                            — Abruzzi,
— a local administrative area or part thereof,                        — Sardegna,
— a wine-growing subregion or part thereof,                           — Romagna,
 ---pagebreak--- No C 214/44                               Official Journal of the European Communities                                         16. 8. 88
    Monferrato,                                                          variety determines the nature of the product in question,
                                                                         or
    Friuli,
                                                                     — the name of one variety classified as a temporarily
    Ischia.                                                              authorized variety in accordance with Article 11(2) (b)
                                                                         of Council Regulation (EEC) No 347/79 of 5 February
                                                                         1979 on general rules for the classification of vine
                                                                         varieties ( ] ), for a period of 15 years or less from the date
                            Article 5                                    of such classification, where it was traditional in the
                                                                         Member State concerned to indicate the name of that
                                                                         variety, or
1. The name of a vine variety, as referred to in Article 2(3)
(b), to describe a table wine may be used on the labelling
only if:                                                             — the name of one variety referred to in the first indent of
                                                                         Article 13(2) of Regulation (EEC) No 347/79 for a
                                                                         period to be determined by the Member State concerned
(a) that variety is listed as a recommended or authorized                but not exceeding five years, subject to this period being
    variety in the classification of vine varieties drawn up in          extended on the basis of the Community provisions
    accordance with Article 13 of Regulation (EEC)                       concerning examination of vine varieties suitability for
    No 822/87 for the administrative unit in which the                   cultivation, provided that
    grapes used to produce the table wine in question were
    harvested;
                                                                         — cultivation of this variety is authorized for a limited
(b) the name of the variety is that given:                                  area,
    — in the classification of vine varieties for the                    — the competent authorities of the Member State
        administrative unit referred to in (a),                             which authorized cultivation of this variety carry out
                                                                            the inspection referred to in Article 13(3) of the
                                                                            abovementioned Regulation,
    — where appropriate, on the list of synonyms in
        Annex III to Regulation (EEC) No ..., this list may
        provide that a given synonym may be used only to                 — indication on the label of the name of this variety is
        describe a table wine produced in the areas of                      accompanied by a reference to the experimental
        production in which such use is traditional and                     nature of the cultivation of the variety concerned';
        customary;
(c) with the exception of any products used for sweetening,
    the table wine concerned is made entirely from grapes of                                        Article 6
    the variety specified;
                                                                     1. Mention of the vintage year as referred to in Article(3)
(d) that the variety determines the nature of the table wine
                                                                     (c) on the labels of table wines shall be allowed only if all
    in question;
                                                                     the grapes used to produce the table wine concerned were
                                                                     harvested in that year.
(e) it is accompanied by the name of a geographical unit
    which is smaller than the Member State concerned, as
    referred to in Article 4(1);                                     2. Notwithstanding paragraph 1 and without prejudice
                                                                     to Article 7, producer Member States may allow the
                                                                     indication of the vintage if at least 85 % of the table wine
(f) the name of that variety does not cause confusion with           concerned is obtained, after deduction of the quantity of
    the name of a specified region or geographical unit used         the products used for possible sweetening, from grapes
    to describe a quality wine psr or an imported wine.              harvested in the year to be shown.
2. Notwithstanding paragraph 1 and subject to Article 7,
producer Member States may allow the indication of:
                                                                                                    Article 7
— the names of two vine varieties for one and the same
    table wine, provided that it is obtained entirely from the
    varieties named, with the exception of the products used         The first subparagraph of Article 72(3) of Regulation
    for possible sweetening,                                         (EEC) No 822/87 and Articles 5(2) and 6(2) of this
                                                                     Regulation may be applied simultaneously only if at least
— the names of one vine variety, if at least 85 % of the             85 % of the table wine resulting from the coupage comes
    product concerned is obtained, after deduction of the
    quantity of the products used for possible sweetening,
    from grapes of the variety named, and provided that the          (') OJ NoL54, 5.3. 1979, p. 75.
 ---pagebreak--- 16. 8. 88                                 Official Journal of the European Communities                               No C 214/45
from the production area, the vine variety and the vintage           (d) a statement as to the method of production or the type
year given in the description of the table wine.                         of product, except as to the residual sugar content;
               II. Official documents and registers                  (e) as appropriate, the terms 'Landwein', 'vin de pays',
                                                                         'vino tipico', ' o v o u a m a Kara 7tapd8oar|', 'oivoc;
                                                                         TOTtiKOc;' 'vino de la tierra', and from the beginning of
                              Article 9                                  the second stage of transition for Portugal, 'vinho
                                                                         regional', or corresponding terms in an official language
                                                                         of the Community;
1. In the case of table wines, the description in the official
documents shall include the following information:                   (f) the particulars of the natural or technical conditions
                                                                         governing the production of the wine.
(a) the words 'table wine' or, for table wines produced in
    Spain by mixing red table wine and white table wine, the
    words 'vino tinto de mezcla';
                                                                                                 Article 10
(b) a statement as to whether the wine is red, rose or white
    or, in the case of Spain, a mixture of red table wine and        1. In the case of table wines, the description in the
    white table wine;                                                registers kept by producers shall include the information
                                                                     specified in:
(c) in the case of:
                                                                     — 'Article 8(1) (a) and (b),
    (i) consignment to another Member State or export:
          the Member State in whose territory the grapes             — Article 8(2), in so far as it is intended to appear on the
          were harvested and turned into wine, provided that             label or, in the absence of a label, in the accompanying
          both these operations took place in the same                   document.
          Member State,
                                                                     2. In the case of table wines, the description in the
    (ii) table wine which was made in a Member State other           registers kept by persons other than producers shall
          than that in which the grapes were harvested: the          include:
          words 'wine made in ... from grapes harvested in ...'
          completed by the indication of the respective
          Member States,                                             — the information specified in Article 8(1).
    (iii) table wine:                                                — the number of the accompanying document and the date
                                                                         on which it was drawn up.
         — resulting from a mixture of grapes or from
             coupage of products originating in more than one                          III. Commercial documents
             Member State, or
         — resulting from coupage of a table wine referred to                                    Article 11
             in the first indent with a table wine referred to
             in (ii),
                                                                     1. Where an accompanying document has not been
         the words 'blend of wines from different countries of       drawn up for a table wine, the description in the
         the European Community';                                    commercial documents referred to in Article 1(2) (c) shall
                                                                     comprise:
(d) in the case of the table wines referred to in the third
    subparagraph of point 13 of Annex I to Regulation                — the information specified in Article 8(1), and
    (EEC) No 822/87, the word 'Retsina'.
                                                                     — the information specified in Article 8(2) in so far as it
2. The description of table wines in the official docu-                  appears on the labelling.
ments shall also include the information specified in
Article 2(2) and (3) and set out below, in so far as it appears      2. Where the description of the table wines in the
or is intended to appear on the labels:                              commercial documents also includes the information
                                                                     specified in Article 2, such information must conform to the
(a) the vintage year;                                                provisions of Articles 4 to 7 and 40.
(b) the name of a geographical unit which is smaller than            3. In the case of table wines distributed in their territory,
    the Member State concerned;                                      Member States may allow the information specified in
                                                                     Article 2 to be given in the commercial documents in the
(c) the name of one or two vine varieties;                           form of a code. This code must be such as to enable the
 ---pagebreak--- No C 214/46                             Official Journal of the European Communities                                    16. 8. 88
inspection authority to identify rapidly the description of            of the quality wine psr in question and the local
the table wine concerned.                                              administrative area or part thereof in which their head
                                                                       offices are situated;
                            Section B                              (e) a distinction awarded to one of the persons or to the
                                                                       group of persons referred to in (d) by an official body or
    DESCRIPTION OF QUALITY WINES PRODUCED IN
                      SPECIFIED REGIONS                                a body officially recognized for the purpose, where this
                                                                       is likely to enhance the reputation of the quality wine
                          I. Labelling                                 psr concerned and provided that such a distinction is
                                                                       governed by implementing rules or, failing this, by the
                                                                       provisions of the Member State concerned;
                            Article 12
                                                                   (f) the Member State of origin, in so far as paragraph(l)
1. In the case of quality wines psr, the description on the            (e) does not require this to be given;
labelling shall include the following information:
                                                                   (g) certain analytical data other than the actual alcoholic
(a) the specified region of origin;
                                                                       strength by volume, insofar as such information is
(b) one of the expressions referred to in the second                   governed by implementing provisions;
    subparagraph of Article 15(7) of Regulation (EEC)
    No 823/87;                                                     (h) a recommendation to the consumer as to the use of the
                                                                       wine;
(c) the nominal volume of the quality wine psr in
    accordance with the provisions of Directive 75/106/            (i) additional details of a traditional kind, provided that
    EEC;                                                               they are used in the manner prescribed by the laws of
                                                                       the producer Member State and are entered in the list in
(d) in the case of:
                                                                       Article 2(3) of Regulation (EEC) No ...;
    — containers with a nominal volume of not more than
        60 litres: the name or business name of the bottler        (j) — the Community expression 'quality wine produced
        and the local administrative area (or part thereof)                in a specified region', or 'quality wine psr' if it does
        and the Member State in which his head office is                   not appear pursuant to paragraph (1) (b), or
        situated,
                                                                       — a specific traditional expression if it does not appear
    — other containers: the name or business name of the
                                                                           pursuant to paragraph (1) (b);
        consignor and the local administrative area (or part
        thereof) and the Member State in which his head
        office is situated.                                        (k) details as to:
    Where wine is bottled in or consigned from a local                 — the method of production,
    administrative area or part thereof other than that
    mentioned above or a neighbouring local administrative             — the type of product,
    area, the information referred to in the first and second
    indents of (d) shall include an indication of the local
                                                                       — the particular colour of the quality wine psr,
    administrative area (or part thereof) where the
    operation took place and, if it took place in another
    Member State, an indication of that State;                         in so far as this information is prescribed in Com-
                                                                       munity legislation or by the producer Member State.
(e) in the case of consignment to another Member State or              However, the use of such information may be
    export, the Member State in which the specified region             prohibited in the description of quality wines psr
    is situated;                                                       originating in a specified region where it is not
                                                                       traditional and customary;
(f) the actual alcoholic strength by volume.
2. In the case of quality wines psr, the description on the        (1) the name of a geographical unit which is smaller than
labelling may be supplemented by the following inform-                 the specified region, in accordance with the conditions
ation :                                                                laid down in Article 13;
(a) a statement as to whether the wine is red, white or rose;      (m) the name of the vineyard or group of vineyards where
                                                                       the quality wine psr in question was made, where this is
(b) the vintage year, in accordance with the conditions laid           likely to enhance the reputation of the wine and in so
     down in Article 15;                                               far as such information is governed by implementing
                                                                       rules or, failing this, by provisions of the producer
(c) a brand name, in accordance with the conditions laid
                                                                       Member States;
     down in Article 40;
(d) the names or business names of the natural or legal            (n) the name of one or two vine varieties, in accordance
     persons or group of persons involved in the distribution          with the conditions laid down in Article 14;
 ---pagebreak--- 16. 8. 88                               Official Journal of the European Communities                                No C 214/47
(o) a quality control number allotted by an official body to           quality wines psr marketed in their territory, allow
    the quality wine psr in question;                                  information to be given as to the dietetic use of such
                                                                       products,
(p) an award granted by an official body or a body officially
    recognized for the purpose to the quality wine psr in          — Member States may allow the statement of the specified
    question, provided that the award can be proved by an              region referred to in Article 11(1) (a) to be accompanied
    appropriate document;                                              by a statement of the name of a larger geographical unit
                                                                       of which the specified region in question is a part, in
(q) a statement that the wines were bottled:                           order to indicate its whereabouts, provided however,
                                                                       that the conditions governing use of the name of the said
    — either at the vineyard where the grapes used were                specified region and of the name of the said geo-
        harvested and made into wine,                                  graphical unit are complied with.
    — or by a group of vineyards,
                                                                   2. In the case of quality wines psr obtained on their
                                                                   territory, Member States may make compulsory, dispense
    — or in an undertaking situated in the specified region
                                                                   with or restrict the use of certain particulars referred to in
        indicated or in the immediate vicinity of that region,
                                                                   Article 11(2), except for those referred to in the first indent
        with which the vineyards where the grapes used were
                                                                   of (j).
        harvested are connected as members of a group of
        vineyards, and which made wine from the said
        grapes;                                                    3. Each Member State shall allow the description of
                                                                   quality wines psr which originate in other Member States
(r) information in respect of bottling in a specific region,       and are distributed in its territory, provided such
    provided that the indication is traditional and cus-           description conforms to Community legislation and is
    tomary in the specific region in question;                     allowed in the producer Member State in accordance with
                                                                   this Regulation.
(s) the number of the container or the number of the lot;
                                                                   4. In accordance with the detailed rules to be laid down, a
(t) information concerning:                                        code:
    — the history of the wine in question, the undertaking
        of the bottler or an undertaking of a natural or legal     (a) shall be used in labelling a quality wine psr, to give full
        person or group of persons involved in the distri-             or partial information concerning the name of a
        bution of the wine,                                            specified region as defined in Article 3 of Regulation
                                                                       (EEC) No 823/87 other than the indication which may
    — the natural or technical conditions governing the                be used for the quality wine psr in question; however,
        production of the wine, or                                     Member States may stipulate other appropriate meas-
                                                                       ures for their own territory in order to avoid confusion
                                                                       with the specified region in question;
    — the ageing of the wine,
    provided that this information is used in accordance           (b) may, without prejudice to (a) and provided the Member
    with the conditions laid down by implementing rules;               State within whose territory the quality wine psr is
                                                                       bottled has so authorized, be used to give the
(u) by the lower-case letter 'e', indicating that the                  information referred to in Article 11(1) (d); such use of a
    prepackages satisfy the conditions laid down in                    code shall be subject to the condition that the label gives
    Directive 75/106/EEC as regards filling.                           in full the name or business name of a person or group of
                                                                       persons other than the bottler involved in the commer-
                                                                       cial distribution of the quality wine psr and the local
                           Article 13                                  administrative area or part thereof in which the head
                                                                       office of the person or group is situated;
1. Only the information specified in Article 11 shall be
allowed for the description on the label of a quality wine         5.   The information specified:
psr.
                                                                  — in Article 11(1) shall be given in one or more other of the
However:                                                               official languages of the Community so that the final
                                                                       consumer can easily understand each of these items of
— additional rules or exceptions may be laid down in                   information,
    respect of quality wines psr intended for export, in so far
    as the legislation of third countries makes this
    necessary,                                                     — in Article 11 (2) shall be given in one or more other of the
                                                                       official languages of the Community.
— pending application of Community provisions on
    dietetic foodstuffs, Member States may, in respect of          Notwithstanding the first subparagraph:
 ---pagebreak--- No C 214/48                                 Official Journal of the European Communities                                   16. 8. 88
(a) an official language of the Member State of origin shall               to be given also in a language other than an official
    be used for:                                                           language of the Community where the use of that
                                                                           language is traditional and customary in the Member
    — the name of the specified region in which the quality                State concerned or in a part of its territory.
        wine psr concerned originates,
                                                                       For the description of quality wines psr intended for
    — the name of a geographical unit which is smaller                 export, provision may be made under the implementing
        than the specified region as referred to in Ar-                rules for other languages to be used.
        ticle 11(2) (1),
    — the name of the vineyard or group of vineyards as
        referred to in Article 11(2) (m), and                                                    Article 14
    — information in respect of bottling as referred to in
        Article 11 (2) (q).                                            1. In the description of a quality wine psr on the labelling,
                                                                       the name of a 'geographical unit which is smaller than the
    Such information may.                                              specified region', as referred to in Article 11(2)(1), shall be
                                                                       taken to mean the name of:
    — be repeated in one or more other official languages of
        the Community for quality wines psr originating in
                                                                       — a small locality or group of localities,
        Greece,
    — be given solely in another official language of the              — a local administrative area or part thereof,
        Community, where the latter is equated with the
        official language in that part of the territory of the
                                                                       — a wine-growing subregion or part thereof.
        Member State of origin in which the specified region
        referred to is situated, where these practices are
        traditional and customary in the Member State                  2. Producer Member States may allocate the name of a
        concerned;                                                     geographical unit which is smaller than the specified region
                                                                       in question to quality wine psr provided that:
(b) indication of one of the specific traditional expressions
    referred to in Article 15(2) of Regulation (EEC) No 823/           — this geographical unit is well defined,
    87 may be given solely in the official language used in
    accordance with the provisions laid down in this
    Article.                                                           — all the grapes from which the wines have been produced
                                                                           originate in that unit.
    Such information may be repeated in one or more other
    official languages of the Community for quality wines              3. Where a quality wine psr is obtained from products of
    psr originating in Greece;                                         grapes harvested in different geographical units as referred
                                                                       to in paragraph 1 situated within the same specified region,
(c) It may be decided that the information as to:                      the only information allowed in addition to the name of the
                                                                       specified region shall be the name of the larger geographical
    — the method of production, the type of product or a               unit covering all the wine-producing areas concerned.
        particular colour as referred to in Article ll(2)(k),
        and
                                                                       However, without prejudice to Article 16, producer
                                                                       Member States may authorize for designation of a quality
    — the natural or technical conditions governing the
                                                                       wine psr the use of:
        production or the ageing of the quality wine psr, as
        referred to in Article ll(2)(t),
                                                                       (a) the name of a geographical unit as referred to in
    shall be provided solely in one official language of the               paragraph 1 when the wine has been sweetened with a
    Member State of origin;                                                product made in the same specified region;
(d) Member States may permit:                                          (b) the name of a geographical unit as referred to in
                                                                           paragraph 1 where the wine is obtained from a mixture
    — the information referred to in the first and second                  of grapes, grape musts, new wines still in fermentation
        indents of (a) or in the first sentence of (b), in the case        or, until 31 August 1991, wines, such products
        of quality wines psr produced and put on the market                originating in the geographical unit the name of which is
        in their territory, and                                            to be used for the designation, with a product obtained
                                                                           in the same specified region but outside that unit,
    — the other information referred to in the first                       provided that at least 85 % of the quality wine psr
        subparagraph, in the case of quality wines psr put on              concerned is obtained from grapes picked in the
        the market in their territory,                                     geographical unit the name of which it bears;
 ---pagebreak--- 16. 8. 88                                 Official Journal of the European Communities                                No C 214/49
(c) the name of a geographical unit as referred to in                (c) with the exception of any products used for sweetening,
    paragraph 1, together with the name of the local                     the quality wine psr is made entirely from grapes of the
    administrative area (or part thereof) or of one of the               variety specified;
    local administrative areas into which that geographical
    unit extends, provided that:
                                                                     (d) that variety determines the nature of the quality wine
                                                                         psr in question;
    — such a provision has been traditional and customary
        and was provided for in the rules of the Member
        States concerned before 1 September 1976, and                (e) the name of that variety does not cause confusion with
                                                                         the name of a specified region or geographical unit used
    — a name of a local administrative area (or part                     to describe another quality wine psr or an imported
        thereof) or one of a number of names appearing in a              wine.
        register is used as being representative of all the local
        administrative areas over whose area that geo-
        graphical unit extends.                                      2. Notwithstanding paragraph 1 and subject to Ar-
                                                                     ticle 16, producer Member States may allow the indication
                                                                     of:
    Producer Member States shall draw up the register of
    names of local administrative areas, as referred to in (c)
    and shall forward it to the Commission.                          — the names of two vine varieties for one and the same
                                                                         quality wine psr provided that it is obtained entirely
4. The name of a specified region and the name of a                      from the varieties named, with the exception of the
geographical unit as referred to in paragraph 1 may not be               products used for possible sweetening, or
conferred on:
                                                                     — the name of one vine variety, if at least 85 % of the
— a wine resulting from the mixture of a quality wine psr
                                                                         product concerned is obtained, after deduction of the
    with a product obtained outside the specified region in
                                                                         quantity of the products used for possible sweetening,
    question,
                                                                         from grapes of the variety named, and provided that the
                                                                         variety determines the nature of the product in question,
— a quality wine psr which has been sweetened with a                     or
    product obtained outside the specified region in
    question,
                                                                     — the name of one vine variety classified as a temporarily
unless these wines are on the list to be drawn up pursuant to            authorized variety in accordance with Article 11 (2) (b)
Article 6(3) of Regulation (EEC) No 823/87.                              of Regulation (EEC) No 347/79 for a period of 15 years
                                                                         or less, from the date of such classification, where it was
                                                                         traditional in the Member State concerned to indicate
                                                                         the name of that variety, or
                            Article 15
                                                                     — the name of one variety referred to in the first indent of
1. The name of a vine variety as referred to in Article 11               Article 13(2) of Regulation (EEC) No 347/79 for a
(2)(n) to describe a quality wine psr may be used on the                 period to be determined by the Member State concerned
labelling only if:                                                       but not exceeding five years, subject to this period being
                                                                         extended on the basis of the Community provisions
(a) that variety is on the list drawn up by the Member States            concerning examination of vine varieties, suitability for
    pursuant to Article 4(1) of Regulation (EEC) No 823/87               cultivation, provided that:
    designating the vine varieties which are suitable for
    producing each of the quality wines psr produced in
                                                                         — it is a variety of the species vitis vinifera.
    their territory;
(b) the name of the variety appears:                                     — cultivation of this variety is authorized for a limited
                                                                             area,
    — as one of the recommended or authorized varieties in
       the classification of vine varieties for the adminis-
                                                                         — the competent authorities of the Member State
       trative unit concerned,
                                                                             which authorized cultivation of this variety carry out
                                                                             the inspection referred to in Article 13(3) of the
    — where appropriate, on the list of synonyms in                          abovementioned Regulation,
       Annex III to Regulation (EEC) No ..., this list may
       provide that a given synonym may be used only to
       describe a quality wine psr produced in the areas of              — indication on the label of the name of this variety is
       production in which such use is traditional and                       accompanied by a reference to the experimental
       customary;                                                            nature of the cultivation of the variety concerned.
 ---pagebreak--- No C 214/50                              Official Journal of the European Communities                                   16. 8. 88
                           Article 16                               (d) the name of a geographical unit which is smaller than
                                                                        the specified region;
1. Mention of the vintage year as referred to in
Article ll(2)(b) on the labels of quality wines psr shall be        (e) the name of one or two vine varieties;
allowed only if all the grapes used to produce the quality
wine psr concerned were harvested in that year.                     (f) the particulars of the natural or technical conditions
                                                                        governing the production of the wine.
2. Notwithstanding paragraph 1 and without prejudice
to Article 16, producer Member States may allow an
indication of the vintage if at least 85 % of the quality wine
psr concerned is obtained, after deduction of the quantity                                    Article 20
of the products used for possible sweetening, from grapes
harvested in the year to be shown.
                                                                    1. In the case of quality wines psr, the description in the
                                                                    registers kept by producers shall include the information
                                                                    specified in:
                           Article 17
                                                                    — Article 17(1) (a), (b), (c) and (d),
Point (a) of the second subparagraph of Article 13(3), the
second indent of Article 14(2) and Article 15 (2) may be
applied simultaneously only if at least 85 % of the quality         — Article 17(2), in so far as it is intended to appear on the
wine psr resulting from the mixture comes from the                      labelling or, in the absence of labelling, in the
geographical unit which is smaller than the specified                   accompanying document.
region, from the vine variety and from the vintage year
given in the description of the quality wine psr.                   2. In the case of quality wines psr, the description in the
                                                                    registers kept by persons other than producers shall
             II. Official documents and registers                   include:
                                                                    — the information specified in Article 17(1),
                           Article 19
                                                                    — the number of the accompanying document and the date
1. In the case of quality wines psr, the description in the             on which it was drawn up.
official documents shall include the following information :
                                                                                     III. Commercial documents
(a) the words 'quality wine psr';
(b) where appropriate, one of the expressions referred to in
                                                                                              Article 21
    the second subparagraph of Article 16(5) of Regulation
    (EEC) No 825/87;
                                                                    1. Where an accompanying document has not been
(c) the specified region;
                                                                    drawn up for a quality wine psr, the description in the
                                                                    commercial documents referred to in Article 1(2) (c) shall
(d) a statement as to whether the wine is red, rose or white;       comprise:
(e) in the case of consignments to another Member State or
                                                                    — the information specified in Article 17(1), and
    export: the Member State to which the specified region
    belongs.
                                                                    — the information specified in Article 17(2) in so far as it
2. The description of quality wines psr in the official                 appears on the label.
documents shall also include the information specified in
Article 17(2) and set out below, in so far as it appears or is      2. Where the description of quality wines psr in the
intended to appear on the labelling:                                commercial documents also includes the information
                                                                    specified in Article 11, such information must conform to
(a) the vintage year;                                               the provisions of Articles 13 to 16 and 40.
(b) specific details of a traditional kind for the purpose of       3. In the case of quality wines psr distributed in their
    indicating quality;                                             territory, Member States may allow the information
                                                                    specified in Article 11 to be given in the commercial
(c) a statement as to the method of production, a particular        documents in the form of a code. This code must be such as
    colour, or the type of product except as regards the            to enable the inspection authority to identify rapidly the
    residual sugar content;                                         description of the quality wine psr concerned.
 ---pagebreak--- 16. 8. 88                               Official Journal of the European Communities                              No C 214/51
                            Section C                                      was carried out, provided that both these operations
                                                                           took place in the same Member State;
   DESCRIPTION OF PRODUCTS OTHER THAN TABLE
              WINES AND QUALITY WINES PSR                          (f) in the case of wines and grape musts:
                           I. Labelling
                                                                       — which result from a coupage of products originating
                                                                           in more than one Member State: the words 'made
                                                                           from products of different countries of the European
                            Article 22                                     Community',
1. Where products other than table wines and quality                   — which were not produced in the Member State in
wines psr are labelled, the labelling used shall give the                  which the grapes were harvested : the initials 'EEC ;
following information:
                                                                   (g) any restriction on use imposed by Community legis-
(a) the type of product, using:                                        lation.
    — that definition contained in Community legislation           2. The description of the products referred to in
        which gives the most accurate description of the           paragraph 1 on the labelling may be supplemented by
        product concerned, or                                      indicating:
    -— for products in circulation in the territory of the         (a) the vintage year;
        Member States in question, words other than those
        prescribed by Community provisions, where their
                                                                   (b) the names or business names of the natural or legal
        use is traditional and customary in the Member State
                                                                       persons or group of persons involved in the distribution
        concerned;                                                     of the product in question and the local administrative
                                                                       area or part thereof in which their head offices are
(b) in the case of:                                                    situated;
    — grape must and concentrated grape must: the
                                                                   (c) where the product is not consigned to another Member
        density,
                                                                       State or exported and the conditions laid down in
                                                                       paragraph (1) (f) are not fulfilled: the name of the
    — partially fermented grape must and new wine still in
                                                                       Member State in whose territory the grapes were
        fermentation: the actual and/or total alcoholic
                                                                       harvested and production took place;
        strength by volume,
                                                                   (d) by the lower-case letter 'e', indicating that the
    — other wine: the actual and/or total alcoholic
                                                                       prepackages satisfy the conditions laid down in
        strength by volume;
                                                                       Directive 75/106/EEC as regards filling;
(c) the nominal volume of the product in accordance with
    Directive 75/106/EEC;                                          (e) analytical data other than the particulars specified in
                                                                       subparagraph 1 (b), in so far as such information is
                                                                       governed-by implementing rules.
(d) in the case of:
    — containers with a nominal volume of not more than            3. Where partially fermented grape must is intended for
        60 litres: the name or business name of the bottler        direct human consumption, its description on the labelling
        and the local administrative area (or part thereof)        may be supplemented by information concerning:
        and the Member State in which his head office is
        situated,                                                  a) the geographical unit, within the meaning of Ar-
                                                                       ticle 4(1), from which the must originates, provided that
    — other containers: the name or business name of the               the conditions concerning table wine laid down in
        consignor and the local administrative area (or part           Article 4(3) are satisfied;
        thereof) and the Member State in which his head
        office is situated;                                        (b) the name of a vine variety;
(e) in the case of consignment to another Member State or          (c) a statement as to whether the product is red, rose or
     export:                                                           white.
    — for wines: the Member State in whose territory the
        grapes were harvested and made into wine, provided                                   Article 23
        that both these operations took place in the same
        Member State,
                                                                   1. Only the information specified in Article 20 shall be
    — for grape musts: the Member State in whose                   allowed for the description on the labelling of products
        territory the grapes were harvested and production         other than table wines and quality wines psr. However, in
 ---pagebreak--- No C 214/52                             Official Journal of the European Communities                                   16. 8. 88
the implementing rules additional provisions may be laid                         II. Official documents and registers
down in respect of products other than table wines and
quality wines psr intended for export, in so far as the
legislation of third countries makes this necessary.
                                                                                               Article 24
2. Each Member State shall allow the description of
products other than table wines and quality wines psr              1. In the case of products other than table wines and
which originate in other Member States and are distributed         quality wines psr, the description in the official documents
in its territory, provided such description conforms to            shall include the following information:
Community legislation and is allowed in the producer
Member State in accordance with this Regulation.                   (a) a statement as to whether the product is red, rose or
                                                                       white;
However, Member States may :
                                                                   (b) the type of product, using:
— for products other than table wines and quality wines
    psr obtained in their territory, make compulsory,                  — that definition contained in Community legislation
    prohibit or restrict the use of certain information                    which gives the most accurate description of the
    specified in Article 20(2) and (3),                                    product concerned, or
                                                                       — for products in circulation in the territory of the
— authorize, pending the application of Community                          Member State in question, words other than those
    provisions on dietetic foodstuffs, information concern-                prescribed by Community provisions, where their
    ing the dietetic use of grape musts marketed in their                  use is traditional and customary in the Member State
    territory.                                                             concerned;
3. An indication of the vintage year as referred to in             (c) in the case of consignment to another Member State or
Article 20(2) (a) to describe a product other than a table             export:
wine or a quality wine psr may be given on the labelling
only if all the grapes used for making the product in                  — for wines: the Member State in whose territory the
question were harvested in that year.                                      grapes were harvested and made into wine, provided
                                                                           that both these operations took place in the same
The indication of a vine variety as referred to in Article                 Member State,
20(3) (b) to describe a product other than a table wine or a
quality wine psr may be given on the labelling only if                 — for grape musts: the Member State in whose
conditions corresponding to those set out in Article 5(1) are              territory the grapes were harvested and production
satisfied.                                                                 carried out, provided that both these operations
                                                                           took place in the same Member State;
4. In the designation of products other than table wines
and quality wines psr on the labelling the information             (d) for wines and grape musts:
specified:
                                                                       — which result from a coupage of products originating
                                                                           in more than one Member State: the words 'made
— in Article 20(1) shall be given in one or more other of the
                                                                           from products of different countries of the European
    official languages of the Community so that the final
                                                                           Community',
    consumer can easily understand each of these items of
    information,
                                                                       — which, in the case of grape musts, were not
                                                                           produced, and, in the case of wine, were not turned
— in Article 20(2) shall be given in one or more other of the              into wine, in the Member State in which the grapes
    official languages of the Community.                                   were harvested: the inscription 'EEC.
For such products put on the market in their territory             2. The description in the official documents of products
Member States may permit this information to be given              other than table wines and quality wines psr shall also
also in a language other than an official language of the          include:
Community where the use of such language is traditional
and customary in the Member State concerned or in part of          (a) for products intended for processing into table wine and
its territory.                                                         for wines suitable for yielding table wine: the inform-
                                                                       ation specified in Article 8(2);
For the description of products other than table wines and
quality wines psr intended for export, provision may be            (b) for products intended for processing into quality wine
made under the implementing rules for other languages to               psr: the information specified in Article 17(1) (c) and,
be used.                                                               where appropriate, in Article 17(2);
 ---pagebreak---  16. 8. 88                                Official Journal of the European Communities                              No C 214/53
 (c) for other products: the information specified in                6. In the case of products other than table wines or
     Article 20(2) (a) and (c) and in Article 20(3), in so far as    quality wines psr distributed in their territory, the Member
     it is intended to appear on the labelling of table wines        States may permit the information referred to in Article 20
     and of quality wines psr obtained from the products             to be entered in commercial documents by means of a code.
     referred to in (a) and (b) or on the labelling of the           This code must be such that the body responsible for
     products referred to in (c).                                    inspections can rapidly identify the description of the
                                                                     product concerned.
                           Article 25
                                                                                              CHAPTER II
 1. In the case of products other than table wines or                 DESCRIPTION OF PRODUCTS ORIGINATING IN THIRD
quality wines psr the description in the registers kept by                                    COUNTRIES
producers shall include:
                                                                                               Section A
— the information referred to in Article 22(1) (a) and (b),                                   LABELLING
— the information specified in Article 22(2), in so far as
     such information is intended to appear on the labelling
     or, in the absence of a labelling, in the accompanying                                    Article 27
     document.
2. In the registers kept by persons other than producers,            1. ' The description on the labelling of imported wines
the description of these products shall include:                     intended for direct human consumption not included on
                                                                     the list referred to in Article 26(1) shall include the
                                                                     following information:
— the information specified in Article 22(1),
— the number of the accompanying document and the date               (a) the word 'wine';
     on which it was drawn up.
                                                                     (b) the nominal volume of the wine imported in accordance
                  III. Commercial documents                              with Directive 75/106/EEC;
                                                                     (c) where these wines:
                           Article 26
                                                                         — have been placed, in the Community, in containers
 1. If no accompanying document has been drawn up for a                      with a nominal volume of not more than 60 litres;
product other than a table wine or a quality wine psr, the                  the name or business name of the bottler and the
description in the commercial documents referred to in                       local administrative area (or part thereof) and the
Article 1(2) (c) shall include at least the information                     Member State in which his head office is situated;
referred to in Article 22(1).                                               however, where bottling was carried out in a local
                                                                            administrative area or part thereof other than that
2. If the vintage year or vine variety are indicated as well,                mentioned above or a neighbouring local adminis-
this information must be given in accordance with                           trative area, the mention of the bottler's head office
Article 21(3).                                                              shall specify the local administrative area (or part
                                                                            thereof) where bottling was carried out and, if the
3. If, for grape musts, partially fermented grape musts                     wine was bottled in another Member State, the
and new wines still in fermentation, intended for                           indication of that State,
processing into table wine and wines suitable for yielding
table wine, the description in the commercial documents                  — have been placed, outside the Community, in
also includes information specified in Article 2, such                      containers with a nominal volume of not more than
information must conform to the provisions of Articles 4 to                 60 litres: the name or business name of the importer
7 and 40.                                                                   and the local administrative area or part thereof in
                                                                            which his head office is situated, or
4. If, for grape musts, partially fermented grape musts
and new wines still in fermentation, intended for                        — are put up in other containers:
processing into quality wines psr, the description in the
commercial documents also includes information specified
in Article 11, such information must conform to the                         — the name or business name of the importer and of
provisions of Articles 13 to 16 and 40.                                         the local administrative area or part thereof
                                                                                where his head offices are situated, or
5. The information given in the commercial documents
for the products referred to in paragraphs 3 and 4 shall be                 — if the importer and consignor are not the same,
consistent with that given in the accompanying documents.                       the name or business name of the consignor and
 ---pagebreak--- No C 214/54                               Official Journal of the European Communities                                     16. 8.
             the local administrative area (or part thereof) and     (i) details of the type of products, provided that this
             the Member State where his head offices are                 information is governed by Community implementing
             situated;                                                   rules.
(d) the third country of origin, as stated in the documents
    referred to in Council Regulation (EEC) No 354/79 of                                        Article 28
    5 February 1979 laying down general rules for the
    import of wines, grape juice and grape must (*)
    accompanying the wine in question when it is imported;           1. The description on the labelling of imported wines
                                                                     intended for direct human consumption, described by
                                                                     reference to a geographical area and contained on the list in
(e) the actual alcoholic strength by volume,                         Annex II to Regulation (EEC) No ..., shall include the
                                                                     following information:
2. The description on the labelling of wines as referred to
in paragraph 1 may be supplemented by the following                  (a) the name of a geographical unit situated in the third
information:                                                             country concerned, in accordance with the conditions
                                                                         laid down in Article 29;
(a) a statement as to whether the wine is red, rose or white;
                                                                     (b) the nominal volume of the imported wine in accordance
(b) a brand name, in accordance with the conditions laid                 with the provisions of Directive 75/106/EEC;
    down in Article 40;
                                                                     (c) where these wines:
(c) the names or business names of the natural or legal
    persons or group of persons involved in the distribution             — have been placed, in the Community, in containers
    of the imported wine and the local administrative area                   with a nominal volume of not more than 60 litres:
    in which their head offices are situated;                                the name or business name of the bottler and the
                                                                             local administrative area (or part thereof) and the
(d) certain analytical data other than the actual alcoholic                  Member State in which his head office is situated;
    strength by volume, insofar as such information is                       however, where bottling was carried out in a local
    governed by implementing provisions;                                     administrative area or part thereof other than that
                                                                             mentioned above or a neighbouring local adminis-
(e) a recommendation to the consumer as to the use of the                    trative area, the mention of the bottler's head office
    wine;                                                                    shall specify the local administrative area (or part
                                                                             thereof) where bottling was carried out, and, if the
                                                                             wine was bottled in another Member State, the
(f) information concerning:
                                                                             indication of that State,
    — the history of the wine in question, the undertaking
                                                                         — have been placed, outside the Community, in
         of the bottler or an undertaking of a natural or legal
                                                                             containers with a nominal volume of not more than
         person or group of persons involved in the distri-
                                                                             60 litres : the name or business name of the importer
         bution of the wine,
                                                                             and the local administrative area or part thereof in
                                                                             which his head office is situated, or
    — the natural or technical conditions governing the
         production of the wine, or                                      — are put up in other containers:
    — the ageing of the wine,                                                — the name or business name of the importer and of
                                                                                 the local administrative area or part thereof
    provided that this information is used in accordance                         where his head offices are situated, or
    with the conditions laid down by implementing rules;
                                                                             — if the importer and consignor are not the same,
(g) a distinction awarded to one of the persons or to the                        the name or business name of the consignor and
    group of persons referred to in (c) by an official body or                   the local administrative area (or part thereof) and
    a body officially recognized for the purpose, where this                     the Member State where his head offices are
    is likely to enhance the reputation of the imported wine                     situated;
    concerned and provided that such distinction is
    governed by Community implementing rules or, failing             (d) the third country of origin, as stated in the documents
    this, by provisions of the third country of origin;                  referred to in Regulation (EEC) No 354/79 accompany-
                                                                         ing the wine in question when it is imported;
(h) by the lower-case letter 'e', indicating that the
    prepackages satisfy the conditions laid down in                  (e) the actual alcoholic strength by volume.
    Directive 75/106/EEC as regards filling;
                                                                     The list referred to in the first subparagraph may include
                                                                     only imported wines for which, in each case, the conditions
(!) O] No L 54, 5. 3. 1979, p. 97.                                   of production are recognized as being equivalent to those
 ---pagebreak--- 16. 8. 88                              Official Journal of the European Communities                                No C 214/55
for a quality wine psr or for a table wine bearing an                  enhance the reputation of the wine and in so far as such
indication of geographical origin.                                     information is governed by provisions laid down by the
                                                                       third country of origin;
2. The description on the labelling of wines as referred to
in paragraph 1 may be supplemented by the following               (m) a quality control number allotted to the wine in
information:                                                           question by an official body;
(a) the word 'wine', which may or may not be ac-
    companied by a statement as to whether the wine is red,       (n) an award granted to the wine in question by an official
    rose or white;                                                     body or a body officially recognized for the purpose,
                                                                       provided that the award can be proved by an
(b) the name of a geographical unit other than that                    appropriate document;
    included on the list referred to in paragraph 1, in
    accordance with the conditions laid down in Article           (o) a statement that the wines were bottled:
    29;
(c) details:                                                           — either at the vineyard where the grapes used were
                                                                            harvested and made into wine,
    — accompanying the geographical ascription to
        emphasize the typically regional character of the              — or by a group of vineyards,
        wine in question, or
                                                                       — or in an undertaking situated in the wine-growing
    — regarding superior quality,
                                                                            area indicated, with which the vineyards where the
    in so far as they are prescribed by the national                        grapes used were harvested are connected as
    provisions of the third country in which the wine                       members of a group of vineyards, and which made
    originates for the domestic market of that country and                  wine from the said grapes;
    are recognized by the Community;
                                                                  (p) information concerning:
(d) the name of one or of two vine varieties, in accordance
    with the conditions laid down in Article 30;                       — the history of the wine in question, the undertaking
                                                                            of the bottler or an undertaking of a natural or legal
(e) the vintage year, in accordance with the conditions laid
                                                                            person or group of persons involved in the
    down in Article 3 1 ;
                                                                            distribution of the wine,
(f) certain analytical data other than the actual alcoholic
    strength by volume, insofar as such information is                 — the natural or technical conditions governing the
    governed by implementing provisions;                                    production of the wine, or
(g) a brand name, in accordance with the conditions laid               — the ageing of the wine,
    down in Article 40;
(h) the names or business names of the natural or legal                provided that this information is used in accordance
    persons or group of persons involved in the distribution           with the conditions laid down by implementing rules;
    of the imported wine, and the local administrative area
    or part thereof in which their head office are situated;      (q) a distinction awarded to one of the persons or to the
                                                                       group of persons referred to in (h) by an official body or
(i) a recommendation to the consumer as to the use of the              a body officially recognized for the purpose, where this
    wine;                                                              is likely to enhance the reputation of the imported wine
                                                                       concerned and provided that such distinction is
(k) details concerning:                                                governed by Community implementing rules or, failing
                                                                       this, by provisions of the third country of origin;
    — the method of production,
    — the type of product,                                        (r) by the lower-case letter 'e', indicating that the
                                                                       prepackages satisfy the conditions laid down in
    — a particular colour of the product,                              Directive 75/106/EEC as regards filling;
    provided that such information is governed by
                                                                  (s) the number of the container or the number of the lot.
    Community implementing rules or by provisions laid
    down by the third country of origin. However, the use
    of such information may be prohibited for designating
    certain imported wines if it is not traditionally                                          Article 29
    employed or if it might lead to confusion as to the type
    or origin of the wine;
                                                                  1. Where imported products other than wines as referred
(1) the name of the vineyard or group of vineyards where          to in Article 25 and 26 are labelled, the labelling used shall
    the wine in question was made, where this is likely to        give the following information:
 ---pagebreak--- No C 214/56                               Official Journal of the European Communities                                    16. 8. 88
(a) the type of product, using that definition contained in          experience and of the corresponding provisions adopted in
    Community legislation which gives the most accurate              respect of products originating in the Community.
    description of the product concerned;
(b)in the case of:                                                   3.   In accordance with the same procedure:
    — grape must and concentrated grape must: the                    — use of the information specified in Articles 25(2), 26(2)
        density,                                                         and 27(2) may be made compulsory, prohibited or
                                                                         restricted,
    — wine: the actual and/or total alcoholic strength by
        volume;
                                                                     — small quantities of wine originating in third countries
(c) the nominal volume of the imported product in                        may be exempted from the application of Articles 25(1)
    accordance with Directive 75/106/EEC, which may be                   and 26(1) (b), (c) and (d).
    followed by the lower-case letter 'e', indicating that the
    prepackages satisfy the conditions laid down in that
    Directive as regards filling;                                    4. Special conditions may be laid down as regards
                                                                     inspection to ensure compliance with the provisions
                                                                     governing the description on the labelling of imported
(d) the name or business name of the importer and the local          products, with particular reference to the geographical
    administrative area or part thereof in which his head            origin, references to superior quality, the vine variety and
    offices are situated, or, where the imported product is          the bottler.
    put up in containers with a nominal volume of more
    than 60 litres and where the importer and consignor are
    not the same, the name or business name of the                   5. In accordance with detailed rules to be laid down and
    consignor and the local administrative area (or part             provided that the Member State within whose territory the
    thereof) and the Member State where his head offices             imported wine is bottled has so authorized, a code may be
    are situated;                                                    used for the information referred to in Article 25(1) (c), first
                                                                     indent, and Article 26(1) (c), first indent. Such use shall be
(e) where:                                                           subject to the condition that the label gives in full the name
                                                                     or business name of a person or group of persons other than
    — the wines or grape musts in question were produced             the bottler involved in the commercial distribution of the
        in the third country in which all the grapes used were       imported wine and the name of the local administrative
        harvested: the third country concerned,                      area or part thereof in which the head office of the person
                                                                     or group of persons is situated.
    — the conditions of the first indent are not fulfilled: the
        words 'imported product'.                                    6. In the description of imported products on the
                                                                     labelling, the information specified:
2. The description used in labelling the products referred
to in paragraph 1 may be supplemented by indicating the
names or business names of the natural or legal persons or           — in Articles 25(1), 26(1) and 27(1) shall be given in one or
group of persons involved in the distribution of the product             more other of the official languages of the Community,
in question and the local administrative area or part thereof            so that the final consumer can easily understand each of
in which their head offices are situated.                                these items of information,
In addition to the particulars specified in subparagraph
1(b), the description may also include other analytical data,        — in Articles 25(2), 26(2) and 27(2) shall be given in one or
in so far as such information is governed by implementing                more other of the official languages of the Community.
rules.
                                                                     For imported products put on the market in their territory,
                                                                     Member States may permit this information to be given
                           Article 30                                also in a language other than an official language of the
                                                                     Community where use of such language is traditional and
                                                                     customary in the Member State concerned or in part of its
1. Only the information specified in Articles 25, 26 and 27          territory.
shall be allowed for the description on the labelling of
products originating in third countries.
                                                                     However:
2. The information referred to in paragraph 1 may be
supplemented by other optional information to be
determined in accordance with the procedure laid down in             — the name of a geographical unit within the third country
Article 83 of Regulation (EEC) No 822/57 in the light of                 concerned, as referred to in Article 26(1) (a) and (2) (b),
 ---pagebreak---  16. 8. 88                               Official Journal of the European Communities                              No C 214/57
— references to superior quality, as referred to in                 imported wines marketed in their territory, allow inform-
    Article 26(2) (c),                                              ation to be given as to the dietetic use of such products.
— details concerning the method of production, the type of
    product or a particular colour, as referred to in                                          Article 31
    Article 26(2), (k),
                                                                     1. Where, pursuant to Article 26(1) (a) and (2) (b), an
— the name of a vineyard or group of vineyards, as                  imported wine is described on the label by means of a
    referred to in Article 26(2) (1),                               geographical description, use may be made only of the
                                                                    name of a geographical unit:
— information in respect of bottling, as referred to in             (a) which denotes a clearly defined wine-producing area:
    Article 26(2) (o),
                                                                        — which is smaller than the territory of the third
shall be given in one of the official languages of the third                country in question,
country of origin. Such information may also be given in an
official language of the Community.                                     — which produces the grapes from which the product
                                                                            was made,
The use of certain terms resulting from the translation of
the information referred to in the second subparagraph                  — in which grapes yielding wines conforming to
may be governed by implementing rules.                                      standard quality criteria are harvested;
                                                                    (b) which is used on the domestic market of the third
The name of vine varieties referred to in Article 26(2) (d)             country of origin to describe the wines and is intended
and their synonyms shall be indicated as on the list referred           for such purpose in provisions laid down by that
to in Article 30(1) (a).                                                country;
7. a) The names or business names of the natural or legal           (c) which is not likely to be confused with information used
        persons or group of persons involved in the                     to describe a quality wine psr, a table wine or another
        distribution of the imported product, including the             imported wine.
        names of the bottler and the importer, and the local
        administrative area or part thereof in which their          2. The name of a geographical unit used to describe a
        head offices are situated as referred to in:                table wine or a quality wine psr or the name of a given
                                                                    region may not be used to describe an imported wine,
                                                                    whether in the language of the producing country in which
       — Article 25(1) (c),                                        that unit or region is situated, or in any other language.
       — Article 25(2) (c),                                         3. Exceptions from paragraph 1 (a) may be allowed as
                                                                   regards the use of the name of a geographical unit to
                                                                   describe a wine resulting from a mixture, provided that
       — Article 26(1) (c),
                                                                   they:
       — Article 26(2) (h),                                        — conform to the provisions of the third country of origin,
                                                                        and
       — Article 27(1) (d),
                                                                   — are in practice equivalent to the exceptions allowed
                                                                        under Article 13(3) for quality wines psr.
       — Article 27(2);
                                                                   Exceptions from paragraph 2 may be allowed where the
(b) references to superior quality, as referred to in              geographical name of a wine produced in the Community is
Article 26(2) (c);                                                 the same as the name of a geographical unit situated in a
                                                                   third country, where such name is used in that country to
                                                                   describe a wine in accordance with traditional and
(c) the name of vineyard or group of vineyards, as                 consistent usage and on condition that its use is governed
referred to in Article 26(2) (1),                                  by rules in that country.
may be used only where this is not likely to cause confusion
with the name of a region used to describe a quality wine                                      Article 32
psr or another imported wine.
                                                                   1. The name of a vine variety, as referred to in
8. Pending application of Community provisions on                  Article 26(2) (d), to describe an imported wine may be used
dietetic foodstuffs, Member States may, in respect of              on the label only if:
 ---pagebreak---  No C 214/58                              Official Journal of the European Communities                                   16. 8. 88
 (a) the name of that variety and any synonym are included                                     Section B
     on a list to be drawn up for each third country:
     however, such a list may not include names of varieties                   OFFICIAL DOCUMENTS AND REGISTERS
     whose cultivation is prohibited by provisions of the
     third country concerned or which are likely to cause
     confusion with:
                                                                                               Article 35
     — the name of a specified region or of a geographical
         unit used to describe a quality wine psr, a table wine      1. In the case of imported wines intended for direct
         or another imported wine,                                   human consumption which are not on the list referred to in
                                                                     Article 26(1) the description in the official documents shall
                                                                     include the following information:
     — the name of another genetically different variety
         grown within the Community;                                 (a) the word 'wine';
 (b) the product concerned is made entirely from grapes of           (b) a statement as to whether the wine is red, rose or white;
     the variety in question.
                                                                     (c) the third country of origin, as stated in the documents
                                                                         referred to in Regulation (EEC) No 354/79 accompany-
2. Exceptions from paragraph 1 may be allowed,                           ing the wine in question when it is imported.
provided that they conform to the provisions of the third
country of origin and :
                                                                     2. In the case of wines intended for direct human
                                                                     consumption, described by means of a geographical
-— with reference to the provision in subparagraph (a), are          ascription and contained in the list referred to in
     made in respect of a variety which enjoys particular            Article 26(1), the description in the official documents shall
     renown on the market of the third country concerned,            include the following information:
                                                                     (a) the name of a geographical unit, as referred to in
— with reference to the provision in subparagraph (b), are               Article 26(1) (a);
     in practice equivalent to the exceptions allowed under
     Articles 5(2) and 14(2) for table wines and quality wines
                                                                     (b) a statement as to whether the wine is red, rose or white;
     psr.
                                                                     (c) the third country of origin.
                           Article 33                                The description in the official documents of these wines
                                                                     shall also include the information specified in Article 26(2)
                                                                     and set out below, in so far as it appears or is intended to
                                                                     appear on the labelling:
 1. Mention of the vintage year as referred to in
Article 26(2) (e) on the labelling of imported wines shall be
                                                                     (a) the name of a geographical unit, as referred to in Article
allowed only if:
                                                                         26(2) (b);
(a) all the grapes used for the production of the wine
     concerned were harvested in that year;                          (b) an indication of superior quality;
                                                                     (c) the name of one or of two vine varieties;
(b) it is accompanied by the name of a geographical unit;
                                                                     (d) the vintage year;
(c) it is allowed by the provisions of the third country             (e) a statement as to the method of production or the type
     concerned.                                                          of product except as regards the residual sugar content;
2. Exceptions from paragraph 1 (a) may be allowed in                 (f) the particulars of the natural or technical conditions
certain cases, provided that they:                                       governing the production of wine.
                                                                    3. In the case of imported products other than wines as
— conform to the provisions of the third country of origin,
                                                                     referred to in Articles 25 and 26, the description in the
     and                                                            official documents shall include the following information:
— are in practice equivalent to the exceptions allowed               (a) the type of product, using that definition contained in
     under Articles 6(2) and 15(2) for table wines and quality           Community legislation which gives the most accurate
     wines psr.                                                          description of the product concerned;
 ---pagebreak---  16. 8. 88                                 Official Journal of the European Communities                               No C 214/59
 (b) where:                                                           Article 1(2) (c) shall include the information specified in
                                                                      Article 32(1).
     — the wines or grape musts in question were produced
         in the third country in which all the grapes used were
         harvested: the name of the third country concerned,          Where the description of these wines in the commercial
                                                                      doctnments also includes a brand name as referred to in
     — the conditions of the first indent are not fulfilled : the     Article 25(2) (b), this must conform to the provisions of
         words 'imported product'.                                    Article 40.
                                                                      2. In the case of imported wines as referred to in
                            Article 36
                                                                      Article 26, if no accompanying document is drawn up, the
                                                                      description in the commercial documents referred to in
The description in the registers shall include:                       Article 1(2) (c) shall include the information specified in
                                                                      Article 32(2).
(a) in the case of imported wines intended for direct human
     consumption which are not on the list referred to in
     Article 26(1):                                                   Where the description of these wines in the commercial
                                                                      documents also includes some of the information specified
     — the information specified in Article 32(1),                    in Article 26(2), this must conform to the provisions of
                                                                      Articles 29, 30, 31 and 40.
    — the number of the accompanying document and the
         date on which it was drawn up;
                                                                      3. In the case of imported products other than wines as
(b) in the case of imported wines intended for direct human           referred to in Articles 25 and 26, the description in the
     consumption, described by means of a geographical                commercial documents referred to in Article 1(2) (c) shall
     ascription and on the list referred to in Article 26(1):         include at least the information specified in Article 32(3).
    — the information specified in the first subparagraph of          4. In the case of imported products distributed in their
         Article 32(2),                                               territory, Member States may permit the information
                                                                      referred to in Articles 25, 26 and 27 to be entered in
    — the number of the accompanying document and the
                                                                      commercial documents by means of a code. The code must
         date on which it was drawn up;
                                                                      be such that the body responsible for inspections can
                                                                      rapidly identify the description of the product concerned.
(c) in the case of imported products other than wines as
     referred to in Articles 25 and 26:
    — the information specified in Article 32(3),
                                                                                                  TITLE II
    — the number of the accompanying document and the
         date on which it was drawn up.
                                                                                            PRESENTATION
                            Article 37
The description of wines originating in third countries and
intended for direct human consumption, as given in the                                           Article 39
documents drawn up by the competent authorities and
laboratories of the third country concerned and presented
on import, pursuant to Regulation (EEC) No 822/87 and in              1. This Title lays down general rules governing the
particular Article 70 thereof, shall include all the                  containers, labelling and packaging:
information necessary to enable the competent authorities
of Member States or the natural or legal persons or group
of persons acting on their behalf to draw up an                       (a) in the case of products originating within the Com-
accompanying document in accordance with the provisions                   munity:
of Article 32.
                                                                          — of products falling within code 2204 of the combined
                                                                              nomenclature, and
                            Section C
                  COMMERCIAL DOCUMENTS                                    — of grape musts, whether concentrated or not, as
                                                                              defined in points 2 and 6 of Annex I to Regulation
                                                                              (EEC) No 822/87 and falling within code ex 2009 of
                            Article 38                                        the combined nomenclature;
1. In the case of imported wines as referred to in                    (b) in the case of products originating in third countries and
Article 25, if no accompanying document is drawn up, the                  fulfilling the conditions laid down in Article 9 and 10 of
description in the commercial documents referred to in                    the Treaty:
 ---pagebreak--- No C 214/60                               Official Journal of the European Communities                                   16. 8. 88
    — of products falling within code 2204 of the combined           (a) a statement that the containers have been approved for
        nomenclature,                                                    the transport of beverages and foodstuffs;
    — of grape musts, as defined in point 2 of Annex I to            (b) special cleaning instructions.
        Regulation (EEC) No 822/87 and falling within code
        ex 2009 of the combined nomenclature, and
                                                                                                Article 41
    — of concentrated grape musts, as defined in Article 2
        of Regulation (EEC) N o . . . falling within code
        ex 2009 of the combined nomenclature.                        1. For the purpose of Titles I and II, 'labelling' shall be
                                                                     understood to mean all descriptions and other references,
However, this Title shall not apply to sparkling wines,              signs, designs or brand names which distinguish the
aerated sparkling wines, semi-sparkling wines, aerated               product and which appear on the same container, including
semi-sparkling wines and liqueur wines, as referred to in            its sealing device, or the tag attached to the container.
Annex I to Regulation (EEC) No 822/87 and Article 2 of
Regulation (EEC) No ....                                             Particulars, signs and other references shall not constitute
                                                                     part of the labelling if they:
2. The rules referred to in paragraph 1 shall apply to
products held for sale and to products put into circulation.         — are required under the tax provisions of the Member
                                                                         States,
                            Article 40                               — refer to the manufacturer or to the volume of the
                                                                         container and are inscribed directly and indelibly
                                                                         thereon,
1. Products to which this Title applies may be stored or
transported only in containers which:                                — are used for the purpose of bottling checks and are
                                                                         indicated in detailed rules to be laid down,
(a) are clean inside;
                                                                     — are used to identify the product by means of a figure
(b) have no adverse effect on the smell, taste or composition            code and/or of a mechanical scanning symbol,
    of the product in question;
                                                                     — refer to the price of the product concerned,
(c) are made of or lined with materials permitted to come
    into contact with foodstuffs;                                    — are laid down by the legislation of the Member States on
                                                                         quantity and quality control of products subject to
(d) are used solely for the storage or transport of foodstuffs.          systematic official examination.
2. Use of the containers may be subject to certain                   2. Without prejudice to the exemptions referred to in the
conditions to be laid down for the purpose of ensuring in            second subparagraph of Article 1(3), as from the moment
particular that:                                                     the product is placed on the market in a container of a
                                                                     nominal volume of not more than 60 litres, the container
(a) the organoleptic properties and the composition of the           shall be labelled.
    products are preserved; or
                                                                     Such labelling shall be in accordance with the provisions of
(b) the quality and origin of the products may be                    this Regulation; this also applies to labelled containers of a
    distinguished.                                                   nominal volume of more than 60 litres.
3. The containers used for the storage of the products               3. Labelling shall be carried out in accordance with
referred to in this Title shall be marked in indelible writing,      conditions to be laid down.
in such a way as to enable the inspection authority to
identify their contents rapidly by reference to the registers
                                                                     Such conditions, which may differ from one product to
or equivalent documents.
                                                                     another, shall relate in particular to:
However, in the case of containers with a nominal volume
                                                                     (a) the positioning of the labels on the containers;
of not more than 60 litres, which are filled with the same
product and stored together in the same batch, the batch as
a whole may be marked instead of the individual                      (b) the minimum size of the labels;
containers, provided that the batch is clearly separated
from other batches.                                                  (c) the arrangement on the labels of the various items
                                                                         comprising the description;
4. Provision may be made that containers used for
transport, in particular tankers for use on road, rail or            (d) the size of the lettering on the labels;
waterway, should bear in a clearly visible place and in
indelible writing:                                                   (e) the use of signs, illustrations or brand names;
 ---pagebreak---  16. 8. 88                                 Official Journal of the European Communities                              No C 214/61
 (f) the language in which the labels are worded, in so far as            sions or with the description of any other product
      this is not laid down by this Regulation.                           referred to in the first subparagraph of Article 1(1) and
                                                                          the first subparagraph of Article 36(1), or are identical
                                                                          to the description of any such product unless the
                            Article 42                                    products used for making the final products referred to
                                                                          above are entitled to such description or presentation.
 1. For the purposes of Titles I and II, packaging means
                                                                      3. Notwithstanding paragraph 2(b), the holder of a
protective wrappings such as paper, straw coverings of all
                                                                      registered trade mark for a wine or a grape must which is
kinds, cardboard boxes and crates, used in the transport of
                                                                      identical:
one or more containers.
2. Apart from instructions necessary for consignment or               — to the name of a geographical unit smaller than a
markings appearing on packaging carried out by retailers in               specified region used to describe a quality wine psr, or
the presence of the purchaser, the packaging may not bear
information relating to the packed product which does not             — to the name of a geographical unit used to describe a
conform to Articles 2, 11, 20, 25, 26 and 27.                             table wine referred to in Article 72(2) of Regulation
                                                                          (EEC) No 822/87, or
                                                                      — the name of an imported wine described by means of a
                             TITLE III                                    geographical indication referred to in Article 26(1),
                    GENERAL PROVISIONS                                may, even if he is not entitled to use such a name pursuant
                                                                      to paragraph 2, continue to use that trade mark until
                                                                      31 December 2002 provided that the trade mark in
                                                                      question:
                            Article 43
                                                                      (a) was registered not later than 31 December 1985 by the
1. The description and presentation of the products                       competent authority of a Member State in accordance
referred to in this Regulation, and any form of advertising               with the legislation in force at the time of registration,
for such products, must not be incorrect or likely to cause               and
confusion or to mislead the persons to whom they are
addressed, particularly as regards:
                                                                      (b) has actually been used without interruption since its
                                                                          registration until 31 December 1986 or, if registration
— the information provided for in Articles 2,11, 20,25, 26                took place before 1 January 1984, at least since the latter
     and 27; this shall apply even if the information is used in          date.
     translation or with a reference to the actual provenance
     or with additions such as 'type', 'style', 'method',
     'imitation', 'brand' or similar,                                 Trade marks complying with the conditions of the first
                                                                      subparagraph may not be invoked against the use of the
— the characteristics of the products, and in particular              names of geographical units used to describe a quality wine
     their nature, composition, alcoholic strength by                 psr or a table wine.
     volume, colour, origin or provenance, quality, the vine
     variety, vintage year, nominal volume of the containers          The Council, acting by a qualified majority on a proposal
     or a reference to a superior quality,                            from the Commission by 31 December 2002, shall decide
                                                                      whether to extend this time limit.
— the identity and status of the natural or legal persons or
     group of persons who have been or are involved in the           4. The Member States shall communicate to the Commis-
     production or distribution of the product in question.           sion the trade marks referred to in paragraph 3 as and when
                                                                      they are informed thereof.
2. Where the description, presentation and advertising of
the products referred to in this Regulation are sup-
                                                                     The Commission shall forward that information to the
plemented by brand names, such brand names may not
                                                                     competent authorities of the Member States designated to
contain any words, syllables, signs or illustrations which:
                                                                     verify compliance with Community provisions in the wine
                                                                     sector.
(a) are likely to cause confusion or mislead the persons to
     whom they are addressed within the meaning of
     paragraph 1, or
                                                                                                 Article 44
(b) are liable to be confused by the persons to whom they
     are addressed with all or part of the description of a
     table wine, of a quality wine psr, or of an imported wine       If necessary, rules may be adopted to govern the use of the
     whose description is governed by Community provi-               control numbers referred to in Article 11(2).
 ---pagebreak--- No C 214/62                              Official Journal of the European Communities                                  16. 8. 88
                          Article 44a                               shall not, however, be affected by the provisions of
                                                                    paragraph 1.
For the purposes of the monitoring and control of products          In the event of use of such composite names, any confusion
to which this Regulation applies, the competent authorities         with the products referred to in paragraph 1 must be
may, with due regard to the general rules of procedure              avoided.
adopted by each Member State, require the bottler or a
person who has been involved in distribution and who is
indicated either in the description or on the presentation of                                 Article 46
those products to furnish proof of the accuracy of the
information used in the description or the presentation             1. Where the description or presentation of the products
concerning the nature, identity, quality, composition,              does not conform to the provisions of this Regulation or to
origin or provenance of the product concerned or of the             the detailed rules adopted for its implementation, the
products used in its production.                                    products concerned may not be held for sale or put on the
                                                                    market in the Community or exported.
Where such a request is made by:
                                                                    However, in the case of products intended for export,
                                                                    derogations from this Regulation may:
— the competent authority of the Member State of
    establishment of the bottler or the person who is
                                                                    — be authorized by the Member States where the
    involved in distribution and who is indicated either in
                                                                        legislation of the importing third country so requires,
    the description or the presentation of the products,
    proof shall be required directly of such persons by that
                                                                    — be provided .for in the implementing provisions in cases
    authority,
                                                                        not covered by the first indent.
— the competent authority of another Member State, that             2. The Member State in whose territory the product
    authority shall, within the framework of direct                 whose description or presentation does not conform to the
    cooperation between them, provide the competent                 provisions referred to in paragraph 1 is located shall take
    authority of the country of establishment of the bottler        the necessary steps to impose penalties in respect of
    or the person who is involved in distribution and who is        infringements committed, according to their gravity.
    indicated either in the description or the presentation of
    the products with all the information necessary to              The Member State may, however, grant an authorization
    enable the latter authority to require such proof; the          for the product to be held for sale, put on the market in the
    requesting authority shall be informed of the action            Community or exported, provided that its description or
    taken as a result of its request.                               presentation is changed to conform to the provisions
                                                                    referred to in paragraph 1.
If the competent authorities find that such proof is not
provided, the information in question shall be regarded as
not complying with this Regulation.                                                           Article 47
                                                                    1. For a transitional period ending on 31 August 1979,
                                                                    Member States may, notwithstanding this Regulation,
                           Article 45
                                                                    authorize the use of supplementary information permitted
                                                                    on that date for products distributed in their territory.
1.    The appellation:
                                                                    2. Other transitional provisions shall be laid down in
                                                                    respect of:
(a) 'wine' shall be restricted to products conforming to the
    definition in point 10 of Annex 1 to Regulation (EEC)           — the placing on the market of products whose description
    No 822/87;                                                          and presentation do not conform to the provisions of
                                                                        this Regulation,
(b) 'table wine' shall be restricted to products conforming
    to the definition given in point 13 of that Annex.              — the use of stocks of labels and other labelling accessories
                                                                        printed before the date of entry into force of this
                                                                        Regulation.
2. Without prejudice to the provisions for the harmoniza-
tion of laws, the possibility for Member States to allow            3. Detailed rules for the application of this Article shall be
                                                                    adopted in accordance with the procedure laid down in
— the use of the word 'wine' accompanied by the name of a           Article 83 of Regulation (EEC) No 822/87.
    fruit and in the form of a composite name to describe
    products obtained by the fermentation of fruit other
    than grapes,                                                                              Article 48
— other composite names including the word 'wine',                  1.   Regulation (EEC) No 355/79 is hereby repealed.
 ---pagebreak--- 16. 8. 88                              Official Journal of the European Communities                             No C 214/63
2. References to the Regulation repealed under para-                                      Article 49
graph 1 shall be construed as references to this Regulation.
                                                                  This Regulation shall enter into force on ...
Citations and references referring to Articles of the
repealed Regulation should be read in accordance with the         This Regulation shall be binding in its entirety and directly
correlation table in the Annex.                                   applicable in all Member States.
 ---pagebreak--- No C 214/64                       Official Journal of the European Communities               16. 8. 88
                                                      ANNEX
                                               CORRELATION TABLE
                    Regulation (EEC) No 355/79                               This Regulation
            Art cle 1                                          Article 1
            Art cle 2                                          Article 2
            Art cle 3(1)                                       Article 3(1)
            Art cle 3(2)                                       Article 3(2)
            Art cle 3{3)                                       Article 3(3)
            Art cle 3(4)                                       Article 3(4)
            Art cle 3(6)                                       Article 3(5)
            Art cle 3(7)                                       Article 3(6)
            Art cle 4(1)                                       Article 4(1)
            Art cle 4(2)                                       Article 4(2)
            Art cle 4(2a)                                      Article 4(3)
            Art cle 4(3)                                       Article 4(4)
            Art cle 5                                          Article 5
            Art cle 6                                          Article 6
            Art cle 7                                          Article 7
            Art cle 8                                          Article —
            Art cle 9                                          Article 8
            Art cle 10                                         Article 9
            Art cle 11                                         Article 10
            Art cle 12                                         Article 11
            Art cle 13(1)                                      Article 12(1)
            Art cle 13(2)                                      Article 12(2)
            Art cle  13(3)                                     Article 12(3)
            Art cle 13(4)                                      Article 12(4)
            Art cle  13(6)                                     Article 12(5)
            Art cle 14                                         Article 13
            Art cle 15                                         Article 14
            Art cle 16                                         Article 15
            Art cle 17                                         Article 16
            Art cle 18                                         Article —
            Art cle 19                                         Article 17
            Art cle 20                                         Article 18
            Art cle 21                                         Article 19
            Art cle 22                                         Article 20
            Art cle 23                                         Article 21
            Art cle 24                                         Article 22
            Art cle 25                                         Article 23
            Art cle 26                                         Article 24
            Art cle 27                                         Article 25
            Art cle 28                                         Article 26
            Art cle 29                                         Article 27
            Art cle 30(1)                                      Article 28(1)
            Art cle 30(2)                                      Article 28(2)
            Art cle 30(3)                                      Article 28(3)
            Art cle 30(5)                                      Article 28(4)
            Art cle 30(6)                                      Article 28(5)
            Art cle 30(7)                                      Article 28(6)
            Art cle 30(8)                                      Article 28(7)
            Art cle 30(9)                                      Article 28(8)
            Art cle 31                                         Article 29
            Art cle 32                                         Article 30
            Art cle 33                                         Article 31
            Art cle 34                                         Article —
            Art cle 35                                         Article 32
            Art cle 36                                         Article 33
            Art cle 37                                         Article 34
            Art cle 38                                         Article 35
            Art cle 39                                         Article 36
            Art cle 40                                         Article 37
            Art cle 41                                         Article 38
            Art cle 42                                         Article 39
            Art cle 43                                         Article 40
            Art cle 44                                         Article 41
            Art cle 44a                                        Article 42
            Art cle 45                                         Article 43
            Art cle 46                                         Article 44
            Art cle 47                                         Article 45
            Art cle 48                                         Article 46
            Article 49                                         Article 47