31974R2133

17. 8 . 74 Official Journal of the European Communities No L 227/1

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 2133/74 OF THE COUNCIL of 8 August 1974

laying down general rules for the description and presentation of wines and grape musts

THE COUNCIL OF THE EUROPEAN information designed mainly to indicate the special COMMUNITIES , properties of the product or to characterize it; whereas, in view of the importance and scope of the problem, steps should be taken to ensure that the information provided is as complete as possible; Having regard to the Treaty establishing the Euro­ pean Economic Community; Whereas the rules to be adopted concerning the presentation of the products in question should at Having regard to Council Regulation (EEC) No 816/ the same time take into account the need to ensure 70 i 1) of 28 April 1970 laying down additional that these products continue to meet high standards provisions for the common organization of the of quality, market in wine, as last amended by Regulation (EEC) No 1532/74 (2), and in particular Articles 30 ( 1 ) and 39 ( a) (2) thereof; HAS ADOPTED THIS REGULATION :

TITLE I Having regard to the proposal from the Commission ;

DESCRIPTION Having regard to the Opinion of the European Par­ liament; Article 1 Having regard to the Opinion of the Economic and Social Committee; 1 . This title lays down the general rules for the description ; "Whereas Article 30 of Regulation (EEC) No 816/70 (a) in the case of products originating within the lays down certain rules governing the description of Community : certain wines in particular cases and provides for — of products falling within heading Nos 22.04 the adoption of general rules on the description and and 22.05 of the Common Customs Tariff presentation of certain wine products ; , and, Whereas the purpose of any description and — of grape musts, whether concentrated or not, presentation should be to supply potential buyers as defined by points 2 and 4 of Annex II to and public bodies responsible for organizing and Regulation (EEC) No 816/70, and falling supervising the marketing of the products concerned within subheading ex 20.07 of the Common with information sufficiently clear and accurate to Customs Tariff. enable them to form an opinion of the products ; (b) in the case of products originating in non-member whereas general rules should therefore be drawn up countries and fulfilling the conditions of Articles to ensure that this purpose is served ; 9 and 10 of the Treaty : Whereas in the case of the description, a distinction — of products falling within heading Nos 22.04 should be made between mandatory information and 22.05 of the Common Customs Tariff, necessary to identify the product and optional — of grape musts, as defined by point 2 of Annex II to Regulation (EEC) No 816/70, and (x) OJ No L99, 5 . 5 . 1970, p. 1 . falling within subheading ex 20.07 of the (2) OJ No L 166, 21 . 6. 1974, p. 1 . Common Customs Tariff,

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— of concentrated grape musts, as defined by Where the musts and wines referred to in subpara­ Article 2 of Council Regulation (EEC) No graphs (a) and (b) above are labelled, the labels used 948/70 (*) of 26 May 1970 defining certain must conform to the provisions of this Regulation. products falling within heading Nps 20.07, 22.04 and 22.05 of the Common Customs CHAPTER I Tariff and originating in third countries, as amended by Regulation (EEC) No 1533 /74 ( 2), DESCRIPTION OF PRODUCTS ORIGINATING WITHIN THE COMMUNITY and falling within subheading ex 20.07 of the Common Customs Tariff. Section A However, this title does not apply to sparkling wines, DESCRIPTION OF TABLE WINES aerated sparkling wines, semi-sparkling wines, aerated semi-sparkling wines and liqueur wines, as A I : Labelling referred to in Annex II to Regulation (EEC) No 816/70 and Article 2 of Regulation (EEC ) No 948 /70 . Article 2

2. These rules are applicable for the description of 1 . For table wines, the description on the label shall include the following information : the products concerned: ( a) the words 'table wine "; (a) on the labels ; (b) the nominal volume of the table wine ; (b) in registers and on the accompanying and other documents prescribed by Community legislation, (c) in the case of : hereinafter referred to as ' official documents', other than customs documents ; — containers with a nominal volume of 60 litres or less : the name or business name of the (c) in commercial documents, particularly in invoices bottler and the local administrative area or and delivery notes ; part thereof in which his head offices are situated, (d) in advertising material, inasmuch as special provision is made for such purpose in this Regu­ — other containers : the name or business name lation . of the consignor and the local administrative area or part thereof in which his head offices are situated.

3 . These rules are applicable to products held for "Where wine is bottled in or consigned from a sale and to products placed on the market. local administrative area or part thereof, other than that mentioned above or a neighbouring However, the Member States may exempt from the local administrative area, the information referred provisions concerning information on the labels : to under (c), first and second indents, shall include an indication of the local administrative (a) products transported : area or part thereof where the activity was carried out ; — between two or more plants,

— between vineyards and wine-making plants (d) in the case of: belonging to the same concern and situated ( i ) consignments to another Member State or in the same local administrative area, export : the name of the Member State in whose territory the grapes were harvested and (b) quantities of grape musts and wines not exceeding turned into wine, provided that both these 15 litres per batch and not intended for sale ; operations took place in the same Member State ; (c) quantities of musts and wines intended for the ( ii ) table wine : domestic consumption of the producer and his employees . — resulting from a coupage of products originating in different Member States , or — which was not turned into wine in the same Member State in which the grapes 0 OJ No L 114, 27. 5. 1970 , p. 6. (2) OJ No L 166, 21 . 6. 1974, p. 3 . were harvested : the inscription 'EEC'.

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2. For table wines, the description on the label may inasmuch as this information is laid down in be supplemented by the following information : Community legislation or the producer Member State. However, the use of such information may (a ) a statement as to whether the wine is red, rose be prohibited in the descriptions of table wines or white ; originating in a region where it is not traditional;

(b ) a brand name, in accordance with the terms of (e) an award granted by an official body or a body Article 8 ; officially recognized for this purpose, for a specified quantity of table wine, provided that ( c) the name or business name of the natural or legal this is accompanied by a statement of the vintage persons or group of persons who have been year, and provided that the award can be proved involved in the commercial distribution of the by an appropriate document. table wine in question, and the local administrat­ The Member States shall notify the Commission ive area or part thereof in which their head offices are situated, of any awards that may be granted to table wines in their territory and of the rules that are applied in this connection; ( d) a citation, awarded by an official body or a body officially recognized for this purpose, to one of the persons or group of persons referred to in ( f) a statement that the wines were bottled on the (c), where this is likely to enhance the reputation premises of the vineyard where the grapes from of the table wine concerned, inasmuch as this which the wine was made were harvested and mention is governed by implementing procedures, turned into wine or, in the case of a group of or failing this by the provisions of the Member vineyards, on one of their premises or on State concerned ; premises under their control ;

( e) where the table wine is not consigned to another (g) the name of a vineyard or group of vineyards in Member State or exported and if the conditions which the table wine in question was obtained, laid down in paragraph 1 ( d) (ii) are not fulfilled, where this is likely to enhance the reputation of the name of the Member State in whose territory such wine, inasmuch as such information is the grapes were harvested and turned into wine ; governed by implementing procedures, or failing this, by the producer Member State. (f) the actual and/or total alcoholic strength ;

(g) a recommendation to the consumer as to the use of the wine . Article 3

1 . Only the information referred to in Article 2 shall 3 . For table wines described in accordance with be allowed for the description on labels of table Article 30 (2 ) and (3 ) of Regulation (EEC ) No wines . 816/70, the description may be further supplemented by the following information : Member States may, however, lay down additional rules for table wines intended for export, in so far as the legislation of non-member countries makes (a) the name of a geographical unit which is smaller than the Member State, in accordance with the this necessary. terms of Article 4 ; 2. In the case of table wines obtained on their (b) the name of one or two vine varieties, in accord­ territory, Member States may make compulsory, dispense with or restrict the use of certain infor­ ance with the terms of Article 5 ; mation referred to in Article 2 (3 ).

(c) the vintage year in accordance with the terms of Article 6 ; 3 . Each Member State shall allow the description of table wines which originate in other Member States and are distributed in its territory, provided such ( d) details as to : description conforms to Community legislation and is allowed in the producer Member State in accord­ — the method of production , ance with this Regulation . — the type of product, However, the Member States may, for a transitional — a particular colour of table wine, period of five years from the implementation of this

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Regulation, make compulsory the indication of the particular colour referred to in Article 2 (3 ) ( d) actual alcoholic strength for table wines distributed shall be provided solely in one of the official in their territory. languages of the Member State of origin.

Within the aforesaid period of five years, the Council For the description of table wines intended for export, shall decide, on a proposal from the Commission provision may be made under the implementing pro­ and in accordance with the voting procedure laid cedures for the use of other languages . down in Article 43 (2) of the Treaty, on common, arrangements to apply subsequent to this period in respect of indication of the actual alcoholic strength. Article 4

4. In the case of table wines distributed in their 1 . For the description on the labels of table wines, territory, the Member States may allow information the name of a 'geographical unit which is smaller concerning the bottler and the place of bottling to than the Member State', as referred to in Article 2 be given in the form of a code. ( 3 ) ( a) shall be taken to mean :

— a small locality or group or localities, 5 . In the case of table wine, an indication of all or part of the name of a specified region, as defined — a local administrative area or part thereof, by Article 2 of Council Regulation (EEC) No 817/ 70 (*) of 28 April 1970 laying down special provisions — a wine-growing sub-region or part thereof, relating to quality wines psr, as last amended by Regulation (EEC) No 2680/72 (2), shall be given in the — a region other than a specified region. form of a code. The geographical units referred to in the preceding However, the Member States may prescribe other subparagraph shall constitute production areas within appropriate measures for their territory in order to the meaning of the first subparagraph of Article 30 avoid confusion with the specified region in question. (3 ) of Regulation (EEC) No 816/70.

6. For the description on the labels of table wines, 2. In the case of table wines produced in their the information referred to in Article 2 shall be given territory and described in accordance with Article 30 in one or more of the official languages of the ( 2) and (3 ) of Regulation (EEC) No 816/70, the Community. producing Member States may prohibit the use of one or more names of geographical units referred to in paragraph 1 which are smaller than the Member However, State . ( a) — one of the official languages of the Member State of origin shall be used for the name of a 3 . The use of one of the names referred to in geographicial unit which is smaller than the paragraph 1 to describe a table wine shall be subject Member State referred to in Article 2 ( 3 ) ( a), to the condition that it cannot be identified with the geographical ascription, taken as a whole, of a and quality wine psr named after the specified region or, where appropriate, named in accordance with the — the information in respect of bottling, as provisions of Article 14 ( 1 ), nor with the description referred to in Article 2 (3 ) (f), of an imported wine referred to in Article 28 and that there is no risk of confusion with a quality wine produced in a specified region or with an imported such information may also be given in another wine . Community language in cases where this practice is traditional and customary in the Member State concerned ; Article 5

(b) it may be decided that the information as to the method of production, the type of product or a 1 . The name of a vine variety referred to in Article 2 (3 ) ( b ) may be used on a label to describe a table wine only if

( a) that variety is included in the list of vine varieties 0 OJ No L 99 , 5 . 5 . 1970 , p. 20. (2) OJ No L 289, 27. 12 . 1972, p. 1 . drawn up in accordance with Article 16 of

17. 8 . 74 Official Journal of the European Communities No L 227/5

Regulation (EEC) No 816/70 for the administrat­ allowed only if all the grapes used to produce the ive unit which the grapes used to produce the table wine concerned were harvested during the table wine in question were harvested; however, year intended to be indicated. this provision shall not apply to wines referred to in Article 11 (4) of Council Regulation (EEC ) 2. By derogation from paragraph 1 and without No 1388/70 (*) of 13 July 1970 on general rules prejudice to Article 7, producer Member States may for the classification of vine varieties ; allow the indication of the vintage year if at least 85 % of the table wine concerned is obtained from (b) the name of the variety is that given : grapes of the vintage year intended to be indicated.

— in the classification of vine varieties for the administrative unit referred to in ( a ), Article 7 — where appropriate, in a list of synonyms to be drawn up ; this list may provide that a The first subparagraph of Article 30 (3 ) of Regulation given synonym may be used only to describe (EEC ) No 816/70 and Articles 5 (2 ) and 6 (2) of this a table wine produced in the areas of pro­ Regulation may be applied simultaneously only if duction in which this use is traditional and at least 85 % of the table wine resulting from the customary ; coupage comes from the production area, the vine variety and the vintage year shown in the description of the table wine . (c) with the exception of such products as may be used for sweetening, the table wine concerned is made entirely from grapes of the variety speci­ fied; Article 8

( d) that variety determines the nature of the table Labels used for the description of a table wine may wine in question ; not bear brand names showing words, parts of words, signs or designs which :

(e) it is accompanied by the name of a geographical ( a) are likely to create a false impression of a person, unit which is smaller than the Member State particularly the bottler, who has been involved in concerned, as referred to in Article 4 ( 1 ); the commercial distribution of the product described ; (f) the name of this variety does not cause confusion with the name of a specified region or a geo­ (b) include the name of a quality wine psr or may graphical unit used to describe a quality wine psr lead to confusion with the description of a quality wine psr; or an imported wine.

(c) in the case of table wines described in accordance 2. By derogation from paragraph 1 , and without pre­ with Article 30 (2) and (3 ) of Regulation (EEC) judice to Article 7, producer Member States may No 816/70, contain false or misleading infor­ allow the indication of: mation, particularly in respect of indications of — the names of two vine varieties for one and the geographical origin, vine variety, vintage year or superior quality ; or same table wine provided that it is produced solely from the varieties given, or (d ) in the case of table wines other than those — the name of one vine variety, if the product referred to under ( c), contain information concern­ concerned is obtained at least 85 % from grapes ing the geographical origin, vine variety, vintage of the variety named, and provided that the year or any indication of superior quality. variety determines the nature of the product in question.

A II : Official documents and registers Article 6

1 . Mention of the vintage year, as referred to in Article 9 Article 2 (3 ) (c), on labels for table wines, may be

1 . In the case of table wines, the description given in the official documents shall include the following information : (*) OJ No L 155 , 16. 7. 1970, p. 5 .

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(a) the term 'table wine'; — the information referred to in Article 9 ( 1 ), and

(b) a statement as to whether the wine is red, rose — the information referred to in Article 9 (2) inas­ or white ; much as it appears on the labels.

( c) in the case of : 2. Where the description in the commercial docu­ (i) consignments to another Member State or ments of the table wines also includes information export : the Member State in whose territory referred to in Article 2, such information must con­ the grapes were harvested and turned into form to the provisions of Articles 4, 5, 6, 7 and 8 . wine, provided that both these operations took place in the same Member State, 3 . In the case of table wines distributed in their ( ii ) table wine : territory, the Member States may allow the infor­ mation referred to in Article 2 to be given in the — resulting from a coupage of products commercial documents in the form of a code. The originating in other Member States, or code must be such as to enable the inspection — which was not turned into wine in the authority to identify rapidly the description of the table wine concerned . Member State in which the grapes used were harvested :

the inscription 'EEC'. Section B

2. The description of table wines in the official DESCRIPTION OF QUALITY WINES PRODUCED IN documents shall also include the information referred SPECIFIED REGIONS to in Article 2 (2) and (3 ) and set out below, inas­ much as it appears or is intended to appear on the B I : Labelling labels :

( a ) the vintage year ; Article 12 (b) the name of a geographical unit which is smaller than the Member State concerned ; 1 . In the case of quality wines psr, the description on the labels shall include the following information : (c) the name of one or two vine varieties ; (d) a statement as to the method of production, the ( a) the specified region of origin ; type of product or a particular colour. (b) one of the expressions referred to in the second Article 10 subparagraph of Article 12 (4) of Regulation (EEC) No 817/70 ; 1 . For table wines, the description in the registers kept by producers shall include the information referred to in : (c) the nominal volume of the quality wine psr;

— Article 9 ( 1 ) ( a) and (b), (d ) on containers with a nominal volume of 60 litres — Article 9 (2), in so far as it is intended to appear or less : on the labels, or in the absence of a label , on the — the name or business name of the bottler and accompanying document. the local administrative area or part thereof in which his head offices are situated, 2. For table wines, the description in the registers kept by persons other than producers shall include other containers : — the information referred to in Article 9 ( 1 ) , — the name or business name of the consigner and the local administrative area or part — the number of the accompanying document and thereof in which his head offices are situated . the date on which it was drawn up .

A III : Commercial documents Where wine is bottled in or consigned from a local administrative area or part thereof Article 11 other than that mentioned above or a neigh­ bouring local administrative area, the infor­ 1 . Where an accompanying document has not been mation referred to under ( d ), first and second drawn up for a table wine, the description in the indents, shall be accompanied by an indication commercial documents referred to in Article 1 ( 2 ) of the local administrative area or part thereof ( c) shall comprise : where the activity was carried out;

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(e) in the case of consignments to another Member wines psr originating in a specified region where State or export, the name of the Member State in it is not traditional ; which the specified region is situated . (1) the name of a geographical unit which is smaller 2. In the case of quality wines psr, the description than the specified region, in accordance with the on the labels may be supplemented by the following terms of Article 14 ; information : (m) the name of a vineyard or group of vineyards on ( a) a statement as to whether the wine is red, white whose premises the quality wine psr in question or rose ; was made, and where this is likely to enhance the reputation of this wine, in so far as such in­ (b) the vintage year in accordance with the terms of formation is governed by implementing procedures Article 16 ; or, failing this, by the legislation of the producer Member State ; (c) a brand name in accordance ,with the terms of Article 16 ; ( n) the name of one or two vine varieties, in accord­ ance with the terms of Article 15 ;

( d) the name or business name of the natural or legal persons or group of persons who have been in­ (o) a quality control number allotted by an official volved in the distribution of the quality wines psr body to the quality wine psr in question ; in question and the name of the local administrat­ ive area or part thereof in which their head offices (p) an award granted by an official body or a body are situated ; officially recognized for such purpose to the quality wine psr in question and provided that (e) a citation awarded to one of the persons or group the award can be proved by an appropriate of persons referred to in (d) by an official body document ; or a body officially recognized for this purpose where this is likely to enhance the reputation of (q) an indication that the wines were bottled on the the quality wine psr concerned ; provided that premises of the vineyard where the grapes from such a mention is governed by implementing pro­ which the wine was obtained were harvested and cedures or, failing this, by the legislation of the turned into wine, or in the case of a group of Member State concerned; vineyards, on one of their premises or an a premises under their control ; (f) the name of the Member State of origin, in so far as paragraph 1 (e) does not require this name (r) within a transitional period of five years as from to be given ; the implementation of this Regulation : an indi­ cation that the wines were bottled in the specified (g) the actual and/or total alcoholic strength ; region, in so far as this use is traditional and customary in the specified region concerned ; (h) a recommendation to the consumer as to the use of the wine ; ( s) the number of the container.

(i) specific details of a traditional kind, in so far as Article 13 they are used in accordance with the terms laid down in the legislation of the producer Member 1 . Only the information referred to in Article 12 State and are entered on a list to be drawn up ; shall be allowed for the description on labels of a quality wine psr. (k) details concerning:

— the method of production, Member States may, however, lay down additional rules for quality wines psr intended for export, in so — the type of product, far as the legislation of non-member countries makes — a particular colour of the quality wine psr, it necessary to do so .

in so far as this information laid down in 2. In the case of quality wines produced in specified Community legislation or by the producer Mem­ regions in their territory, Member States may make ber State. However, the use of such information compulsory, dispense with or restrict certain infor­ may be prohibited in the description of quality mation referred to in Article 12 ( 2).

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3 . Each Member State shall allow the description of (b) It may be decided that the information as to the quality wines psr which originate in other Member method of production, the type of product or a States and are distributed in its territory, provided particular colour referred to in Article 12 (2 ) (k) such description conforms to Community legislation shall be provided solely in one of the official and is allowed in the producer Member State in languages of the Member State of origin. accordance with this Regulation .

For the description of quality wines psr intended for export, provision may be made under the implement­ However, Member States may, for a transitional ing procedures for the use of other languages. period of five years as from the implementation of this Regulation make the indication of the actual alcoholic strength compulsory for quality wines psr distributed in their territory. Article 14

Within the aforesaid period of five years the Council 1 . For the description on the labels of a quality shall decide, on a proposal from the Commission wine psr the name of a 'geographical unit which is and in accordance with the voting procedure laid smaller than the specified region', as referred to in down in Article 43 (2) of the Treaty, on common Article 12 ( 2 ) ( m ), shall be taken to mean : arrangements to apply subsequent to this period in — a small locality or group of localities, respect of indication of the actual alcoholic strength. — a local administrative area or part thereof, 4. In the case of products distributed in their terri­ — a wine-growing sub-region or part thereof. tory, Member States may allow information concerning the bottler and the place of bottling to be indicated in the form of a code . 2. The producer Member States may allocate the name of a geographical unit which is smaller than 5 . For the description on the labels of quality wines the specified region in question to quality wines psr psr the information referred to in Article 12 shall be provided that : given in one or more of the official languages of the Community . —■ this geographical unit is well defined,

— all the grapes from which the wines have been However, produced originate in this unit.

(a) one of the official languages of the Member State 3 . Where a quality wine psr is obtained from of origin shall be used for : products of grapes harvested in different geographical — the name of the specified region in which the units , referred to in paragraph 1 and situated within quality wine psr concerned originates , the same specified region, the only information allowed in addition to the name of the specified — one of the expressions referred to in the region shall be the name of the larger geographical second subparagraph of Article 12 ( 4 ) of unit covering all the wine-producing areas concerned. Regulation (EEC ) No 817/70,

— the name of a geographical unit which is However, without prejudice in Article 17, producer smaller than the specified region, as referred Member States may allow the use of the name of a to in Article 12 (2 ) (1 ), geographical unit referred to in paragraph 1 for a quality wine psr : — the name of the vineyard or group of vine­ yards , as referred to in Article 12 ( 2) ( m ), and ( a) obtained from a mixture of grapes, grape musts or new wines still in fermentation or, within a — information in respect of bottling, as referred five-year transitional period as from the imple­ to in Article 12 ( 2 ) ( q ). mentation of this Regulation , from wine originat­ ing in the geographical unit whose name is to be used for the description, with a product made Such information may also be given in another in the same specified region but outside this unit, language of the Community where this practice provided that the quality wine psr concerned is is traditional and customary in the Member State obtained at least 85% from grapes harvested in concerned. the geographical unit whose name it bears ;

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(b) having been sweetened with a product made in 2. By derogation from paragraph 1 and without the same specified region. prejudice to Article 17, producer Member States may allow an indication of

— the names of two vine varieties for one and the 4. The name of a specified region and the name of­ a geographical unit as referred to in paragraph i same quality wine psr, provided that it is obtained shall not be allowed for: entirely from the varieties named, or

— the name of one vine variety, if the product — a wine resulting from a mixture of quality wine concerned is obtained at least 85% from grapes psr with a product made outside the specified of the variety specified and if this variety region in question, determines the nature of the product in question.

— a quality wine psr which has been sweetened with a product made outside the specified region in Article 16 question,

1 . Mention of the vintage year as referred to in if these wines are not shown on the list to be drawn Article 12 (2) (b) on labels for quality wines psr up in accordance with Article 5 (3 ) of Regulation may be allowed only if all the grapes used to produce (EEC) No 817/70 . the quality wine psr concerned were harvested during the year to be mentioned.

2. By derogation from paragraph 1 and without Article 15 prejudice to Article 17, producer Member States may allow an indication of the vintage year if at least 1 . The name of a vine variety as referred to in 85% of the quality wine psr concerned is obtained Article 12 (2) (n) to describe on the label a quality from grapes harvested in the year to be shown . wine psr may be used only if: ( a) that variety is included in the list drawn up by the Member States in accordance with Article 3 Article 17 ( 1 ) of Regulation (EEC) No 817/70 for the description of the vine varieties which are suitable The provisions of the second subparagraph of for the production of each of the quality wines Article 14 (3 ) ( a), the second indented subparagraph psr produced in their territory; of Article 15 (2) and Article 16 (2) may be applied simultaneously only if at least 85% of the quality wine psr resulting from the mixture comes from the (b) the name of the variety is that given : geographical unit which is smaller than the specified region, from the vine variety and from the vintage — in the classification of vine varieties for the year shown in the description of the quality wine administrative unit concerned, psr . — where appropriate, in a list of synonyms to be drawn up ; this list may provide that a given synonym may be used only to describe Article 18 a quality wine psr produced in the areas of production in which this use is traditional and Labels used for the description of a quality wine psr customary ; may not bear brand names showing words, parts of words, signs or designs which : (c) with the exception of such products as may be ( a) are likely to create a false impression of a person, used for sweetening, the quality wine psr is in particular the bottler, who has been involved obtained entirely from grapes of the variety in the commercial distribution of the product specified; described ;

(b) include the name of a table wine or are likely to (d) that variety determines the nature of the quality cause confusion with the description of a table wine psr in question ; wine or with another quality wine psr; or

(e) the name of that variety does not cause confusion (c) contain false or misleading information, par­ with the name of a specified region or geographi­ ticularly in respect of indications of geographical cal unit used to describe another quality wine origin, vine variety, vintage year or superior psr or with the name of an imported wine. quality.

\

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BII : Official documents and registers — the information referred to in Article 19 ( 1 ),

— the number of the accompanying document and Article 19 the date on which it was drawn up .

1 . In the case of quality wines psr, the description given in the official documents shall include the B III : Commercial documents following information :

Article 21 ( a) the term 'quality wine psr'; 1 . Where an accompanying document has not been (b) where appropriate, one of the expressions referred drawn up for a quality wine psr, the description in to in the second subparagraph of Article 12 (4 ) of the commercial documents referred to in Article 1 Regulation ( EEC) No 817/70 ; ( 2) (c) shall comprise :

( c) the specified region ; — the information referred to in Article 19 ( 1 ), and — the information referred to in Article 19 (2) in (d) a statement as to whether the wine is red, rose so far as it appears on the labels . or white ; 2 . Where the description in the commercial (e) in the case of consignments to another Member documents of the quality wine psr also includes State or export : the name of the Member State information referred to in Article 12, such infor­ to which the specified region belongs. mation must conform to the provisions of Articles 14, 15 , 16, 17 and 18 . 2. The description of quality wines psr in the of­ ficial documents shall also include the information 3 . In the case of quality wines psr distributed in referred to in Article 12 (2) and set out below, in so their territory, the Member States may allow the in­ far as it appears or is intended to appear on the formation contained in Article 12 to be given in the labels : commercial documents in the form of a code. This code must be such as to enable the inspection authority to identify rapidly the description of the ( a) the vintage year; quality wines psr concerned. (b ) specific details of a traditional kind for the purpose of indicating quality; Section C

(c) a statement as to the method of production , the DESCRIPTION OF PRODUCTS OTHER THAN TABLE type of product or a particular colour; WINES AND QUALITY WINES PSR C I : Labelling ( d) the name of a geographical unit which is smaller than the specified region; Article 22

( e) the name of one or two vine varieties . 1 . Where products other than table wines and quality wines psr are labelled, the labels used shall include the following information : Article 20 ( a) the type of product, using that definition contained in Community legislation which gives 1 . For quality wines psr, the description in the the most accurate description of the product registers kept by producers shall include the infor­ concerned ; mation referred to in : ( b ) for : — Article 19 ( 1 ) (a ), (b ), ( c) and (d ), — grape must and concentrated grape must : the — Article 19 (2), in so far as it is intended to appear density, on the labels , or in the absence of a label , on the accompanying document. — partially fermented grape must and new wine still in fermentation : the total alcoholic strength , 2 . For quality wine psr, the description in the registers kept by persons other than producers, shall — other wine : the actual and/or total alcoholic include : strength ;

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(c) the nominal volume of the product ; Article 23

( d) for: 1 . Only the information referred to in Article 22 shall be allowed for the description on labels of — containers with a nominal volume of 60 litres products other than table wines and quality wines or less : the name or business name of the psr However, under the implementing procedures, bottler and the local administrative area or additional provisions may be made for products other part thereof in which his head offices are than table wines and quality wines psr intended for situated, export, in so far as the legislation of non-member — other containers : the name or business name countries makes this necessary. of the consignor and the local administrative area or part thereof in which his head offices 2. Each Member State shall allow the description of are situated ; products other than table wines and quality wines psr which originate in other Member States and are (e) in the case of consignments to another Member distributed in its territory, provided such description State or export : conforms to Community legislation and is allowed in the producer Member State in accordance with the — for wines : the name of the Member State in provisions of this Regulation. whose territory the grapes were harvested and turned into wine , provided that both these operations took place in the same Member However, the Member States may make compulsory, State, dispense with or restrict the use of certain infor­ mation referred to in Article 22 ( 2 ) for products other — for grape musts : the name of the Member than table wines and quality wines psr obtained on State in whose territory the grapes were their territory. harvested and production carried out, provided that both these operations took 3 . An indication on the label of the vintage year place in the same Member State ; referred to in Article 22 (2) ( a) to describe a product other than a table wine or a quality wine psr may (f) the inscription 'EEC' for wines and grape musts : be given only if all the grapes used for making the product in question were harvested during the year — which result from a coupage of products which is intended to be shown . originating in different Member States , or

— which, in the case of grape musts, were not 4 . For the description on the labels of products produced, and, in the case of wine, were not other than table wines and quality wines psr the turned into wine in the Member State in information referred to in Article 22 shall be given which the grapes used were harvested ; in one or more of the official languages of the Com­ munity. For the description of products other than table wines and quality wines psr intended for (g) any restriction on use imposed by Community export, provision may be made under the implement­ legislation. ing procedures for other languages to be used .

2. The description of these products on labels may be supplemented by indicating: C II : Official documents and registers

( a) the vintage year; Article 24 (b) the name or business name of the natural or legal persons or group of persons who have been 1 . In the case of products other than table wines involved in the commercial distribution of the or quality wines psr the description in the official product in question and the local administrative documents shall include the following information : area or part thereof in which their head offices are situated ; ( a ) a statement as to whether the wine is red , rose or white, (c) where the product is not consigned to another Member State or exported and if the conditions ( b ) the type of product laid down in paragraph 1 (f) are not fulfilled : the name of the Member State in whose territory — using that definition contained in Community the grapes were harvested and the production legislation which gives the most accurate took place. description of the product concerned,

No L 227/ 12 Official Journal of the European Communities 17. 8 . 74

— supplemented for grape musts, partially — the information referred to in Article 24 (2), in so fermented grape musts and new wines still far as such information is intended to appear on in fermentation intended for processing into the labels or in the absence of a label on the quality wine psr by the statement 'intended accompanying document. for processing into quality wine psr'. 2. In the registers kept by persons other than pro­ (c) in the case of consignments to another Member ducers, the description of these products shall include State or export : — the information referred to in Article 24 ( 1 ), — for wines : the Member State in whose — the number of the accompanying document and territory the grapes were harvested and turned the date on which it was drawn up . into wine, provided that both these operations took place in the same Member State, C III : Commercial documents — for grape musts : the Member State in whose territory the grapes were harvested and the production carried out, provided that both Article 26 these operations took place in the same Member State ; 1 . In the case of products other than table wines or quality wines psr, the description in the commercial ( d) the inscription 'EEC' for wii>e and grape musts : documents referred to in Article 1 (2) ( c) shall include at the very least the information referred to in — which have resulted from a coupage of Article 24 ( 1 ). products originating in different Member States , or 2 . If the vintage year is given as well , such infor­ — which, in the case of grape musts, were not mation must conform to the provisions of Article produced and, in the case of wine, were not 23 3 . turned into wine in the Member State in which the grapes used were harvested. 3 . If for grape musts, partially fermented grape musts and new wines still in fermentation, intended for processing into table wine and wines suitable for 2. The description in the official documents of yielding table wine, the description in the commercial documents also includes the information referred to products other than table wines and quality wines in Article 2, such information must conform to the psr shall also include : provisions of Articles 4, 5, 6, 7 and 8 . (a) for products intended for processing into table wines and for wines suitable for yielding table 4. If for grape musts, partially fermented grape wine : the information referred to in Article 9 ( 2 ); musts and new wines still in fermentation, intended for processing into quality wines psr, the description in the commercial documents also includes the infor­ (b ) for products intended for processing into quality mation referred to in Article 12 , such information wine psr : the information referred to in the must conform to the provisions of Articles 14, 15, 16, third and, where appropriate, the second indent 17 and 18 . of Article 19 ( 1 ) ( c) and ( b ) and in Article 19 ( 2);

5 . The information specified in the commercial (c) for other products : the information referred to documents of the products referred to in paragraphs in Article 22 (2) ( a) and (c); 3 and 4 shall be consistent with that specified in the accompanying documents . in so far as it is intended to appear on the labels of table wines and of quality wines psr obtained from the products referred to in (a) and (b) or on the CHAPTER II labels of the products referred to in (c). DESCRIPTION OF PRODUCTS ORIGINATING IN NON-MEMBER COUNTRIES

Article25¶

LABELLING 1 . In the case of products other than table wines or quality wines psr, the description in the registers Article 27 kept by producers shall include : — the information referred to in Article 24 (1 ) (a) 1 . The description on the labels of imported wines (b), intended for direct human consumption not included

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in the list referred to in Article 28 ( 1 ) shall include (c) the name or business name of the natural or legal the following information : persons or group of persons who have been in­ volved in the commercial distribution of the imported wine and the local administrative area (a) the term 'wine'; in which their head offices are situated ;

(b ) the nominal volume of the imported wine ; (d) the actual and/or total alcoholic strength;

(c) where these wines : (e ) a recommendation to the consumer as to the use of the wine. — have been bottled, in the Community, in containers with a nominal volume of 60 litres or less : the name or business name of Article 28 the bottler and the local administrative area or part thereof in which his head offices are situated. However, where the bottling was 1 . The description on the labels of imported wines carried out in a local administrative area or intended for direct human consumption, described by reference to a geographical area and contained part thereof other than that mentioned above in a list to be drawn up, shall include the following or a neighbouring local administrative area, information : the mention of the bottler's head offices shall specify the local administrative area or part thereof where the bottling was carried out, ( a ) the name of a geographical unit situated in the non-member country concerned, in accordance with the terms of Article 31 ; — have been bottled, outside the Community, in containers with a nominal volume of 60 litres or less : the name or business name of ( b ) the nominal volume of the imported wine ; the importer and the local administrative area or part thereof in which his head offices ( c ) where these wines : are situated, — have been bottled, in the Community, in containers with a nominal volume of 60 litres — are distributed in other containers : the name or less : the name or business name of the or business name of the importer and the bottler and the local administrative area or local administrative area or part thereof in part thereof in which his head offices are which his head offices are situated, situated. However, where the bottling was carried out in a local administrative area or part thereof other than that mentioned above (d ) the non-member country of origin, as stated in or a neighbouring local administrative area, the documents referred to in Council Regulation the mention of the bottler's head offices shall (EEC) No 1599/71 (*) of 20 July 1971 laying specify the local administrative area or part down additional conditions with which imported thereof where the bottling was carried out, wines for direct human consumption have to comply, as last amended by Regulation (EEC) — have been bottled, outside the Community, No 1727/73 (2), and which accompany the wine in containers with a nominal volume of in question when it is imported. 60 litres or less : the name or business name of the importer and the local administrative area or part thereof in which his head offices 2. The description on the labels of wines referred to are situated , in paragraph 1 may be supplemented by the following information : — are distributed in other containers : the name or business name of the importer and the local administrative area or part thereof in (a) a statement as to whether the wine is red, rose or which his head offices are situated ; white ;

( d ) the non-member country of origin, as stated in (b) a brand name in accordance with the terms of the documents referred to in Regulation (EEC) Article 34 ; No 1599/71 and which accompany the wine in question when it is imported .

(x) OJ No L 168 , 27 . 7. 1971 , p. 3 . The list referred to in the first subparagraph may (2) OJ No L 176, 30 . 6. 1973 , p. 1 . include only imported wines for which, in each case,

No L 227/ 14 Official Journal of the European Communities 17 . 8 . 74

the conditions of production are recognized as being (m) a quality control number allotted to the wine in equivalent to those for a quality wine psr or for question by an official body; a table wine bearing an indication of geographical origin . (n) an award granted to the wine in question by an official body or a body officially recognized for 2. The description on the label of the wines referred such purpose provided that the award can be to in paragraph 1 may be supplemented by the fol­ proved by an appropriate document; lowing information : (o ) an indication that the wines were bottled on the ( a) a statement as to whether the wine is red, rose premises of the vineyard where the grapes from or white ; which the wine was obtained were harvested and turned into wine or in the case of a group of ( b ) the name of a geographical unit other than that vineyards, on one of their premises or on a prem­ included in the list referred to in paragraph 1 in ises under their control . accordance with the terms of Article 31 ;

(c) details concerning superior quality, in accordance Article 29 with the national provisions of the non-member country of origin of the wine , and in so far as such details are recognized by the Community ; 1 . Where imported products other than the wines referred to in Articles 27 and 28 are labelled , the labels used shall include the following information : ( d ) the name of one or of two vine varieties, in accordance with the terms of Article 32 ; (a ) the type of product, using that definition con­ tained in Community legislation which gives the ( e ) the vintage year, in accordance with the terms of Article 33 ; most accurate description of the product in question ;

( f) the actual and/or total alcoholic strength ; ( b) in the case of :

(g) a brand name, in accordance with the terms of — grape must and concentrated grape must : the Article 34 ; density,

— wine : the actual and/or total alcoholic (h) the name or business name of the natural or legal strength ; persons or group of persons who have been involved in the commercial distribution of the imported wine, and the local administrative area ( c) the nominal volume of the imported product; or part thereof in which their head offices are situated ; (d) the name or business name of the importer, and the local administrative area or part thereof in (i ) a recommendation to the consumer as to the use which his head offices are situated ; of the wine ; (e ) where : ( k ) details concerning: — the wines or grape musts in question were — the method of production , produced in the non-member country in which all the grapes used were harvested : the non­ — the type of product, member country concerned, — a particular colour of the product, — the conditions of the first indent are not ful­ in so far as such information is traditional and filled : the words 'imported product'. customary and defined by provisions laid down by the non-member country of origin ; 2 . The description used in labelling the products (1) the name of a vineyard or group of vineyards on referred to in paragraph 1 may be supplemented by whose premises the wine in question was made indicating the name or business name of the natural and where this is likely to enhance the reputation or legal person or group of persons who have been of such wine, in so far as the information is involved in the commercial distribution of the pro­ governed by provisions laid down by the non­ duct in question and the local administrative area or member country of origin ; part thereof in which their head offices are situated.

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Article 30 28 and 29 shall be given in one or more of the official languages of the Community. 1 . Only the information referred to in Articles 27 to 29 shall be allowed for the description on labels of However, products originating in non-member countries. — the name of a geographical unit within the non­ member country concerned, as referred to in 2. The information referred to in paragraph 1 may Article 28 ( 1 ) ( a ) and (2 ) ( b ), be supplemented by other optional information to be determined in accordance with the procedure laid — references to superior quality, as referred to in down in Article 7 of Regulation No 24 (*) on the Article 28 ( 2) ( c), progressive establishment of a common organization of the market in wine in the light of experience and — details concerning the method of production, the of the corresponding provisions adopted for products type of product or a particular colour, as referred originating in the Community. to in Article 28 ( 2 ) ( k),

— the name of a vineyard or of a group of vineyards as referred to in Article 28 ( 2 ) (1 ), 3 . In accordance with the same procedure, use of the information referred to in Article 27 (2 ), Article — information in respect of bottling as referred to in 28 (2) and Article 29 ( 2) may be made compulsory, Article 28 (2 ) ( o ), dispensed with or restricted.

shall be given in one of the official languages of the 4. Member States may for a transitional period of non-member country of origin . Such information five years as from the implementation of this Regu­ may also be given in an official language of the Com­ lation make it compulsory for the actual alcoholic munity. strength to be indicated in the case of the imported wines referred to in Articles 27 and 28 and which are distributed in their territory. 8 . (a ) The name or business name of the natural or legal persons or group of persons together with that of the bottler and the importer, who Within the aforesaid period of five years, the Council have been involved in the commercial distri­ shall decide, on a proposal from the Commission and bution of the imported product, and the name in accordance with the voting procedure laid down of the local administrative area or part thereof in Article 43 (2) of the Treaty, on common arrange­ in which their head offices are situated, as ments to apply subsequent to this period in respect referred to in of indication of the actual alcoholic strength . — Article 27 d ) ( c),

5 . Special conditions may be laid down as regards — Article 27 ( 2) ( c), inspection to ensure compliance with provisions governing the description on labels of imported pro­ — Article 28 (D ( c), ducts, with particular reference to the geographical origin, references to superior quality, the vine variety — Article 28 ( 2) (h ), and the bottler. — Article 29 d ) ( d ),

— Article 29 (2 ); 6 . In the case of products distributed in their terri­ tory, Member States may allow the information in respect of the bottler the place of bottling or, where ( b ) references to superior quality, as referred to appropriate, the importer, to be indicated in the form in Article 28 ( 2 ) ( c); of a code approved by the competent national auth­ orities . ( c) the name of a vineyard or group of vineyards, as referred to in Article 28 ( 2 ) ( 1 ) ; 7. For the description on the label of imported products the information referred to in Articles 27, may only be used where this does not cause con­ fusion with the name of a region used to describe a quality wine psr or with the name of another (*) OJ No 30 , 20 . 4 1962 , p . 989 /62 . imported wine.

No L 227/ 16 Official Journal of the European Communities 17. 8 . 74

Article 31 ( a) the name of that variety and, where appropriate, any synonym are included in a list to be drawn up for each non-member country; however, such 1 . "Where, pursuant to Article 28 ( 1 ) (a) and (2) (b), a list may not include names of varieties whose an imported wine is described on the label by means cultivation is prohibited by any provisions of the of a geographical description, use may be made only non-member country concerned or which are of the name of a geographical unit : likely to cause confusion with :

— the name of a specified region or of a geo­ ( a) which denotes a wine-producing area that is graphical unit used to describe a quality wine clearly defined: psr, a table wine or another imported wine,

— the name of another genetically different — which is smaller than the territory of the third variety grown within the Community ; country in question, and which produces the grapes from which the product was made, (b) the product concerned is made entirely from grapes of the variety which it is intended to — which describes a wine-growing area in which indicate. grapes are harvested yielding wines conform­ ing to standard quality criteria ; 2. Derogations from paragraph 1 ( b) may be allowed, provided that they : (b) which is used on the domestic market of the non­ member country of origin to describe the wines — conform to the provisions of the non-member and is intended for such purposes in provisions country of origin, and laid down by that country ;

— do not exceed the derogations allowed under ( c) which is not likely to be confused with infor­ Article 5 ( 2) and Article 15 (2) for table wines mation used to describe a quality wine psr or and quality wines psr. a table wine or another imported wine .

2. The name of a geographical unit or given region Article 33 situated within the Community used to describe a table wine or a quality wine psr may not be used to describe an imported wine, whether in the 1 . The indication of the vintage year referred to in language of the producing country in which this Article 28 (2) (e) shall be allowed on the labels of unit or region is situated, or in any other language. imported wines only if :

( a) all the grapes used for the production of the wine 3 . Derogations from paragraph 1 (a) may be allowed concerned were harvested during the year which for the use of the name of a geographical unit to it is intended to indicate ; describe a wine which has been mixed, provided that they : (b) it is accompanied by the name of a geographical unit ; and — conform to the provisions of the non-member country of origin, and (c) it is allowed by the provisions of the non-member country concerned . — do not exceed the derogations allowed under Article 14 (3 ) for quality wines psr. 2 . Derogations from paragraph 1 ( a) may be allowed in certain cases, provided that they :

— conform to the provisions of the non-member Article 32 country of origin , and

1 . The indication of the name of a vine variety — do not exceed the derogations allowed under referred to in Article 23 (2) (d) to describe an impor­ Article 6 ( 2 ) and Article 16 ( 2 ) for table wines ted wine on the label may be used only if: and quality wines psr.

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Article 34 The description in the official documents of the wines referred to in the previous subparagraph shall also include the information referred to in Article 28 Labels used for the description of an imported wine may not bear brand names showing words, parts of (2) and set out below, in so far as it appears or is words, signs or designs which : intended to appear on the label :

( a) are likely to create a false impression of a person, ( a) the name of a geographical unit referred to in in particular the bottler, who has been involved Article 28 (2 ) (b ); in the commercial distribution of the product described ; ( b ) an indication of superior quality ;

(b ) include the name of a table wine or of a quality ( c) the name of one or of two vine varieties ; wine psr, may lead to confusion with the description of a table wine, of a quality wine ( d) the vintage year; psr or an imported wine shown in the list referred to in Article 28 ( 1 ), or are used to (e) a statement as to the method of production, the distinguish one of these wines ; type of product or a particular colour.

(c) contain false or misleading information, particu­ larly in respect of indications of geographical 3 . The description in the official documents for origin, vine variety, vintage year or superior imported products other than wines referred to in quality. Articles 27 and 28 shall include the following information :

Section B ( a) the type of product, using that definition contained in Community legislation which gives the most accurate description of the product OFFICIAL DOCUMENTS AND REGISTERS concerned;

Article35¶

1 . The description in the official documents for — the wines or grape musts in question were imported wines intended for direct human consump­ produced in the non-member country in which tion which are not shown in the list referred to in all the grapes used were harvested : the non­ Article 28 ( 1 ), shall include the following informa­ member country concerned, tion : — the conditions of the first indent are not fulfilled : the words 'imported product'. ( a ) the term 'wine';

( b) a statement as to whether the wine is red, rose or white ; Article 36

( c) the non-member country of origin, as stated in The description in the registers shall include : the documents referred to in Regulation (EEC) No 1599/71 which accompany the wine in ques­ tion when imported. ( a ) in the case of imported wines intended for direct human consumption which are not contained in 2. The description in the official documents for the list referred to in Article 28 ( 1 ): wines intended for direct human consumption, — the information referred to in Article 35(1 ), described by means of a geographical ascription and contained in the list referred to in Article 28 ( 1 ), — the number of the accompanying document shall include the following information : and the date on which it was drawn up ;

(a) the name of a geographical unit, as referred to ( b ) in the case of imported wines intended for direct in Article 28 ( 1 ) ( a); human consumption, described by means of a geographical ascription and contained in the list ( b ) a statement as to whether the wine is red, rose referred to in Article 28 ( 1 ): or white ; — the information referred to in the first sub­ ( c) the non-member country of origin. paragraph of Article 35 (2),

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TITLE II — the number of the accompanying document and the date on which it was drawn up ; PRESENTATION (c) in the case of imported products other than wines referred to in Articles 27 and 28 : Article 39

— the information referred to in Article 35 (3 ), 1 . This title lays down the general rules governing — the number of the accompanying document containers, labelling and packaging: and the date on which it was drawn up. ( a) in the case of products originating within the Community : Article 37 — of products falling within heading Nos 22.04 The description of wines originating in non-member and 22.05 of the Common Customs Tariff, and countries and intended for direct human consump­ tion, as given in the documents drawn up by the — of grape musts, whether concentrated or not, competent authorities and laboratories of the non­ as defined by points 2 and 4 of the Annex member country concerned and presented on import, to Regulation (EEC) No 816/70, and falling pursuant to Regulation ( EEC ) No 816 /70, in within the tariff subheading ex 20.07 ; particular Article 28 thereof, shall include all the information necessary to enable the competent ( b ) in the case of products originating within non­ authorities of Member States or the natural or legal persons or group of persons acting on their behalf member countries and fulfilling the conditions to draw up an accompanying document in accord­ of Articles 9 and 10 of the Treaty : ance with the provisions of Article 35. — of products falling within heading Nos 22.04 and 22.05 of the Common Customs Tariff,

Section C — of the grape musts as defined by point 2 of Annex II to Regulation ( EEC) No 816/70, and COMMERCIAL DOCUMENTS falling within subheading ex 20.07 of the Common Customs Tariff, and Article 38 — of the concentrated grape musts as defined by Article 2 of Regulation (EEC) No 948/70, and 1 . In the case of imported wines referred to in falling within heading No ex 20.07 of the Article 27, if no accompanying document is drawn Common Customs Tariff. up, the description in the commercial documents referred to in Article 1 (2 ) ( c ) shall include the infor­ However, this title does not apply to sparkling wines, mation given in Article 35 ( 1 ). aerated sparkling wines, semi-sparkling wines, Where the description of the aforementioned wines aerated semi-sparkling wines and liqueur wines, as in the commercial documents also includes a brand referred to in Annex II to Regulation ( EEC) No 816/ name, as referred to in Article 27 (2) (b), this must 70 and Article 2 of Regulation (EEC) No 948/70 . conform to the provisions of Article 34. 2. The rules referred to in the preceding paragraph 2 . In the case of imported wines referred to in shall apply to products held for sale and to products Article 28 , if no accompanying document is drawn placed on the market. up, the description in the commercial document referred to in Article 1 (2) ( c) shall include the information given in Article 35 (2). Article 40

Where the description of the aforementioned wines in commercial documents also includes information 1 . Products to which this title applies may be stored or transported only in containers which : of the kind referred to in Article 28 (2), this must conform to the provisions of Articles 31 , 32, 33 and 34 . ( a ) are clean inside ;

3 . In the case of imported products other than wines ( b ) have no adverse effect on the smell, taste or referred to in Articles 27 and 28 , the description composition of the product in question ; in the commercial documents referred to in Article 1 (2) (c) shall include at the very least the information (c ) are made of or lined with materials permitted to referred to in Article 35 (3 ). come into contact with foodstuffs ;

17 . 8 . 74 Official Journal of the European Communities No L 227/ 19

(d) are used solely for the storage or transport of Such conditions, which may differ from one product foodstuffs . to another, shall relate in particular to :

( a ) the positioning of the label on the container ; 2 . Use of the containers may be subject to certain conditions to be laid down for the purpose of ensuring in particular that: ( b ) the minimum size of the labels ;

( a) the organoleptic properties and the composition ( c) the arrangement on the labels of the various items of the products are preserved ; of the description ;

(b ) the quality and the origin of the products may (d ) the size of the lettering printed on the label ; be distiguished.

(e) the use of signs, designs or brand names ; 3 . The containers used for the storage of the products referred to in this title shall be marked in (f) the language in which the labels are worded, in indelible writing, in such a way as to enable the so far as this is not laid down by this Regulation . inspection authority to identify rapidly their contents by reference to the registers or documents which correspond thereto . Article 42 However, in the case of containers with a nominal volume of 60 litres or less, which are filled with the 1 . For the purposes of Titles I and II of this Regu­ same product and stored together in the same batch, lation, packaging shall be understood to mean pro­ the batch as a whole may be marked instead of the tective wrappings such as paper, straw coverings of individual containers, provided that the batch is all kinds, cardboard boxes and crates , used to trans­ clearly separated from other batches. port one or more containers .

2. Leaving aside instructions necessary for consign­ 4. Provision may be made that containers used for transport, in particular tankers for use on road, rail ment or markings appearing on packaging carried or waterway, should bear in a clearly visible place out by retailers in the presence of the purchaser, and in indelible writing : packing may not bear information relating to the packed product which does not conform to Articles 2, 12, 22, 27, 28 and 29 . (a) the words 'approved for the transport of beverages', and

( b ) special cleaning instructions . TITLE III

GENERAL PROVISIONS Article 41

Article 43 1 . For the purposes of Titles I and II of this Regula­ tion, labelling shall be understood to mean all the descriptions or other references, signs, designs or 1 . The description and the presentation of the brand names which distinguish the product and products referred to in Article 1 (3 ), including any appear on the same container, including its sealing form of consumer sales publicity, must not be liable device or other coverings, with the exception of to confusion as to the nature, origin and composition whatever is laid down by the tax provisions of of the product; this applies to the information refer­ Member States. red to in Articles 2, 12, 27, 28 and 29.

2. The description and presentation in advertising 2. "Without prejudice to Article 1 (3 ) labelling shall material must be such as not to create a false impres­ be compulsory only for containers with a nominal sion of the product in question, particularly as volume of 60 litres or less, and as from the time regards : the product is distributed.

— the type of product, the colour, origin, quality, 3 . Labelling shall be carried out in accordance with vine variety, vintage year and contents of the conditions yet to be laid down. containers ,

No L 227/20 Official Journal of the European Communities 17. 8 . 74

— the identity or status of the natural or legal 2. The authorities appointed by the Member States persons or group of persons who are involved shall be responsible for ensuring observance of the or have been involved in the production or com­ provisions of this Regulation. mercial distribution of the product in question.

Article46¶

, 1 . The appellation : 1 . For a period of three years from the implemen­ tation of this Regulation, Member States may, by derogation from this Regulation, authorize the use ( a) 'wine' shall be restricted to products conforming of supplementary information permitted on that date to the definition given in point 7 of Annex II to for products in their territory. Regulation (EEC) 816/70 ;

(b) 'table wine' shall be restricted to products con­ 2 . Other temporary provisions shall be laid down for : forming to the definition given in point 10 of that Annex . — the placing on the market of products whose description and presentation do not conform to 2. Without prejudice to the provisions for the har­ the provisions of this Regulation, monization of laws, the possibility for the Member States to allow : — the use of stocks of labels and other labelling — the use of the word 'wine' accompanied by the accessories printed before the date of entry into force of this Regulation. name of a fruit and in the form of a composite name to describe products obtained by the fermentation of fruits other than grapes, 3 . Until such time as the implementing procedures necessary for the use of the information referred to — other composite names including the word 'wine', in Articles 2, 12, 22, 28 and 29 become operative, Member States may continue to apply or adopt is not, however, affected by the provisions of the national legislation in respect of the information in preceding paragraph. question for products distributed in their territory.

In the event of use of the composite names referred to in the previous subparagraph, any confusion with 4. The implementing provisions of this Article shall the products referred to in paragraph 1 must be be adopted in accordance with the procedure laid avoided. down in Article 7 of Regulation No 24.

Article 45 Article 47 1 . The products referred to in Article 1 ( 1 ) first subparagraph and Article 39 ( 1 ) first subparagraph, This Regulation shall enter into force on the third the description or presentation of which does not day following that of its publication in the Official conform to the provisions of this Regulation or may Journal of the European Communities. not be held for sale, placed on the market or exported . It shall be implemented as from 1 September 1975 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 8 August 1974.

For the Council

The President B. DESTREMAU