Commission Regulation (EC) No 881/98 of 24 April 1998 laying down detailed rules for the protection of the additional traditional terms used to designate certain types of quality wine produced in specified regions (quality wine psr)

COMMISSION REGULATION (EC) No 881/98 of 24 April 1998 laying down detailed rules for the protection of the additional traditional terms used to designate certain types of quality wine produced in specified regions (quality wine psr)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 823/87 of 16 March 1987 laying down special provisions relating to quality wines produced in specified regions (quality wines psr) (1), as last amended by Regulation (EC) No 1426/96 (2), and in particular Article 15(8) thereof,
Whereas Article 15(1) and (2) of Regulation (EEC) No 823/87 provides for the protection of terms traditionally used to designate quality wines psr; whereas the Community terms and the traditional specific terms allowed by Member States' laws referred to in Article 15(1) and (2) are listed in that Article, thus ensuring that they are known and protected in the Community; whereas, however, the additional traditional terms allowed by the national laws of the producer Member States referred to in Article 15(2) of Regulation (EEC) No 823/87 have not yet been listed in full; whereas a list of those terms should be drawn up in order to ensure that they are known and to reinforce their protection in the Community;
Whereas, in order to benefit from protection in all Member States, the additional traditional terms should be registered at Community level so that the wine industry and consumers can be kept informed;
Whereas some of the additional traditional terms used to designate still and semi-sparkling wines are listed already in Community regulations on the designation of these wines;
Whereas, for some categories of wines, semi-sparkling and liqueur wines in particular, the additional traditional terms allowed by national laws have not yet been listed in Community legislation; whereas, however, the Member States have sent the Commission a list of the traditional terms recognised for liqueur and semi-sparkling wines, with references for each of them to the national provisions applicable; whereas the Annex to this Regulation should include a list of those which are sufficiently closely linked with one or more quality liqueur wines produced in a specified region (quality liqueur wines psr) or semi-sparkling wines produced in a specified region (quality semi-sparkling wines psr) to warrant exclusive protection on grounds of their renown and/or exclusiveness;
Whereas, however, some additional traditional terms which may be used for a category of quality liqueur or semi-sparkling wines psr in one or more Member States are used under comparable conditions and fairly and continuously for certain wines designated using the geographical name of a third country; whereas provision should be made to enable those terms to be used under certain conditions for those wines in the Community;
Whereas the additional traditional terms qualifying for protection must satisfy certain requirements;
Whereas, in order to establish conditions of fair competition between the various wines, protection should be given to the additional traditional terms listed in the Annex on the one hand to safeguard against their use in the description and presentation of other wines not entitled to those terms and on the other hand to prevent the reputation of the terms from being exploited and the public from being misled; whereas, for the effective protection of the terms used to designate quality liqueur or semi-sparkling wines psr, it is important to ban the use of brand names containing words identical to a traditional term shown in the Annex to this Regulation; whereas it is necessary however to safeguard the legitimate expectations of the owners of brand names registered before the entry into force of this Regulation;
Whereas some quality liqueur and sparkling wines psr use additional traditional terms to distinguish themselves clearly from other products on the basis of their specific characteristics; whereas in order to ensure protection for consumers the use of these terms should be monitored;
Whereas this Regulation concerns protection of the use of the terms concerned only for wine and not for other drinks; whereas 'wine` means the product falling within CN code 2204;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,