31976R1168

No L 135 /46 Official Journal of the European Communities 24 . 5 . 76

COUNCIL REGULATION ( EEC) No 1168/76 of 17 May 1976 amending Regulation ( EEC) No 2133/74 laying down general rules for the description and presentation of wines and grape musts

THE COUNCIL OF THE EUROPEAN was involved in the commercial distribution of the COMMUNITIES , wine in question to be shown on the wine labels ; whereas , to the same end , permission should be given to add on the labels information concerning Having regard to the Treaty establishing the Euro­ the natural or technical conditions governing the pean Economic Community , production and ageing of the wine in question ;

Having regard to Council Regulation ( EEC) No 816/ 70 of 28 April 1970 laying down additional provisions Whereas producer Member States and interested for the common organization of the market in third countries should be authorized to use a specific wine (x ), as last amended by Regulation ( EEC) term to accompany the name of the production No 1160/76 (2), and in particular Articles 30 ( 1 ) area or the geographical ascription to describe table and 39a (2 ) thereof , wines and imported wines ; whereas the purpose of such a specific term, where it is given in the consu­ Having regard to Council Regulation ( EEC) No 817/ mer 's language, is to enable the consumer to recog­ 70 of 28 April 1970 laying down special provisions nize wines of a typically regional character amongst relating to quality wines produced in specified the table wines on the market ; whereas it therefore regions ( 3), as last amended by Regulation ( EEC) seems appropriate to authorize Member States to No 1161 /76 (4), and in particular Article 12 (3 ) allow this specific term to be given in one or more thereof , of their official languages ;

Having regard to the proposal from the Commission , Whereas the scope of some provisions should be broadened and certain others improved , particularly Whereas Council Regulation ( EEC) No 2133 /74 as regards trade with third countries ; of 8 August 1974 laying down general rules for the description and presentation of wines and grape musts (3), as amended by Regulation ( EEC) No 1890/ Whereas , with a view to standardizing the descrip­ 75 (6), is applicable as from 1 September 1976 ; tion and presentation of Community wines and grape musts intended for export to third countries , Whereas , in order to provide consumers with provision should be made for the possibility of accurate information concerning the origin of laying down supplementary or derogating rules in wines and grape musts resulting from a coupage respect of these products in so far as the legislation of products originating in more than one Member of the third country concerned makes this necessary ; State, it should be stated on the label that the pro­ ducts in question are from different Community countries ; Whereas , in view of their different customs and traditional practices , Member States should be Whereas, in order to provide consumers with permitted , pending implementation of Community provisions on dietetic foodstuffs , to allow informa­ particular information, permission should be given for information concerning the history of the wine tion to be given as to the dietetic use of certain wines and grape musts ; in question, of the undertaking of the bottler or an undertaking of a natural or legal person which

Whereas, as regards certain information which must be given in one of the official languages of (4) OJ No L 99, 5 . 5. 1970, p . 1 . the Member State of origin , the use of another (2) See page 1 of this Official Journal. (3) OJ No L 99, 5 . 5 . 1970, p . 20. official Community language as an alternative and (4) See page 27 of this Official Journal . not only as an addition should be allowed if this (5) OJ No L 227, 17. 8 . 1974, p. 1 . language is equated with the official language in (6) OJ No L 193 , 25. 7. 1975 , p. 1 . the relevant part of the territory of the producer

24 . 5 . 76 Official Journal of the European Communities No L 135 /47

Member State and where this practice is traditional different countries of the European and customary there ; Community " ; (iii ) table wine which was turned into Whereas , pursuant to the second subparagraph of wine in a Member State other than that Article 12 (3 ) of Regulation ( EEC) No 817/70, it in which the grapes were harvested : the should be permissible until 31 August 1981 for inscription " EEC ";' the names of the specified regions given in a list to be adopted to be used also to describe table wines if this has been traditional and regular prac­ 2 . The following shall be substituted for Article 9 tice ; ( 1 ) (c) of Regulation ( EEC) No 2133/74 :

Whereas the provisions relating to imported wines '( c) in the case of : should be supplemented in order to allow them to ( i) consignments to another Member State be designated by ascriptions equivalent to those or export : the name of the Member which may be used for Community products ; State in whose territory the grapes whereas , for administrative reasons , it seems advi­ were harvested and turned into wine , sable to exempt small quantities of such wines from provided that both these operations the application of certain provisions ; took place in the same Member State ; Whereas , in order to take account of the traditional (ii ) table wine resulting from a coupage of practices of third countries , it should be permissible, products originating in more than one in the case of certain imported wines , to use the Member State : the words " wine from names of certain geographical units or specified different countries of the European regions in the Community ; Community " ;

Whereas , in order to make allowances for foreseeable ( iii ) table wine which was turned into wine in a Member State other than that in developments in Community legislation concerning the information which must be given on containers which the grapes were harvested : the authorized for the transport of beverages and inscription " EEC ";' foodstuffs , the relevant current provisions should be adapted ; 3 . The following shall be substituted for Article 22 ( 1 ) (f) and Article 24 ( 1 ) (d) of Regulation ( EEC) Whereas the date of implementation of Regulation No 2133 / 74 : ( EEC) No 2133 /74 remains 1 September 1976 ; whereas , in accordance with the third subparagraph ' for wines and grape musts : of Article 30 ( 1 ) of Regulation ( EEC) No 816/70 , — which result from a coupage of products this will not prevent Member States from adopting originating in more than one Member State : these provisions beforehand , the words " made from products of different countries of the European Community ";

— which , in the case of grape musts , were not produced , and, in the case of wine, were HAS ADOPTED THIS REGULATION : not turned into wine , in the Member State in which the grapes were harvested : the inscription " EEC ";'

Article 1 Article 2 1 . The following shall be substituted for Article 2 ( 1 ) ( d) of Regulation ( EEC) No 2133/74 : 1 . The following text shall be added to Article 2 ( 2) of Regulation ( EEC) No 2133 /74 : '(d) in the case of : ' ( h ) details as to : (i ) consignments to another Member State — the type of product , or export : the name of the Member State in whose territory the grapes — the particular colour of the table wine , were harvested and turned into wine , in so far as these details are governed by provided that both these operations implementing procedures or, failing this , took place in the same Member State ; by the provisions of the Member States (ii) table wine resulting from a coupage of concerned . However , the use of this infor­ products originating in more than one mation may be confined to the table wines Member State ; the words " wine from referred to in paragraph 3 . '

No L 135 /48 Official Journal of the European Communities 24 . 5 . 76

2. The following shall be substituted for Article 2 ' information concerning : (3) (d) of Regulation ( EEC) No 2133/74 : — the history of the wine in question , of the undertaking of the bottler or an undertaking '(d) details regarding the method of production of the table wine in a list to be adopted . of a natural or legal person which was involved in the commercial distribution of the This list may include only those inscriptions wine , which are governed , as to the conditions for their use , by the provisions of the pro­ — the natural or technical conditions governing ducer Member State ;' the production of the wine , or

— the ageing of the wine, Article 3 provided that this information is used in accord­ ance with the conditions laid down by imple­ 1 . The following shall be substituted for Article 2 menting procedures . ' (3 ) (f) and Article 28 (2) (o) of Regulation ( EEC) No 2133 /74 : Article 5 'a statement that the wines were bottled : 1 . Article 2 (3) of Regulation ( EEC) No 2133 /74 — either in the vineyard where the grapes used shall be supplemented by the following : for the wines were harvested and turned into wine , ' ( i ) the words : — or by a group of vineyards, — " Landwein " for table wines originating in — or in an undertaking which is situated in the Germany and in the province of Bolzano in Italy , wine-growing area indicated , with which the vineyards where the grapes used were harvested are connected as members of a —■ " vin de pays " for table wines originating in France or in Luxembourg , group of vineyards , and which made wine from these grapes ;' — " vino tipico " for table wines originating in Italy, including the province of 2 . The following shall be substituted for Article 12 Bolzano , (2 ) (q ) of Regulation ( EEC) No 2133 /74 : provided that the producer Member States concerned have laid down rules ' ( q ) a statement that the wines were bottled for the use of these inscriptions . — either in the vineyard where the grapes For table wines marketed in their terri­ used for the wines were harvested and tory and described in accordance with turned into wine , the preceding paragraph , Member States may authorize the replacement of the — or in a group of vineyards , words " Landwein ", " vin de pays " and " vino tipico " by the corresponding words — or in an undertaking which is situated in one or more of their official languages . in the specified region indicated or in the immediate vicinity of that region , Until 31 December 1977 at the latest , the with which the vineyards where the words " vino tipico " may be used even grapes used were harvested are connected if the rules for their use have not yet as members of a group of vineyards , been laid down , provided that the table and which made wine from these wine thus described possesses charac­ grapes ;' teristics typical of the region of pro­ duction . '

Article 4 2 . Article 9 (2) of Regulation ( EEC) No 2133 /74 shall be supplemented by the following : The following shall be included in Regulation ( EEC) No 2133 /74 as item ( h) of Article 2 (3 ), item (t) of '(e) as appropriate , the words . " Landwein ", Article 12 (2), item (f) of Article 27 (2), and item ( p) " vin de pays", " vino tipico " or corresponding of Article 28 (2) : w.ords in an official Community language .'

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3 . The following shall be substituted for Article 28 — for products other than table wines and quality (2) (c) of Regulation ( EEC) No 2133 /74 : wines psr obtained in their territory, make compulsory, prohibit or restrict the use of certain information referred to in Article 22 '(c) details : (2) and (3); — accompanying the geographical ascrip­ tion to emphasize the typically regional — authorize, pending the application of Commu­ character of the wine in question , or nity provisions on dietetic foodstuffs , infor­ mation concerning the dietetic use of grape — regarding superior quality, musts marketed in their territory.'

in so far as they are laid down by the national provisions of the third country in which the 4. The text of Article 30 of Regulation ( EEC) wine originates for the home market of No 2133 /74 shall be supplemented by the following that country and are recognized by the paragraph : Community ; ' ' 9. Pending application of Community provi­ sions on dietetic foodstuffs, Member States may , in respect of imported wines marketed in their Article 6 territory, allow information to be given as to the dietetic use of such products. '

1 . The following shall be substituted for the second subparagraph of Article 3 ( 1 ) of Regulation ( EEC) No 2133 /74 : Article 7 However :

— additional or derogating rules may be laid 1 . The second part of Article 3 (6) (a ) of Regulation down in respect of table wines intended for ( EEC) No 2133/74 shall be replaced by the following : export, in so far as the legislation of third countries makes this necessary, ' Such information may :

— pending application of Community provisions — also be given in another official language of on dietetic foodstuffs , Member States may , the Community, or in respect of table wines marketed in their territory, allow information to be given as — be given solely in another official language of to the dietetic use of such products . ' the Community where the latter is equated with the official language in that part of the territory of the Member State of origin in 2. The following shall be substituted for the second which the geographical unit referred to is subparagraph of Article 13 ( 1 ) of Regulation ( EEC) situated , No 2133 / 74 : where this practice is traditional and customary However : in the Member State concerned ;'

— additional or derogating rules may be laid down for quality wines psr intended for 2 . The second sentence of the second subparagraph export , in so far as the legislation of third of Article 13 (5) ( a) of Regulation ( EEC) No 2133 /74 countries makes this necessary, shall be replaced by the following :

— pending application of Community provisions ' The information referred to in the first , third , on dietetic foodstuffs , Member States may, fourth and fifth indents may : in respect of quality wines psr marketed in their territory, allow information to be given — also be given in another official language of as to the dietetic use of such products . ' the Community, or

— be given solely in another official language of 3 . The following shall be substituted for the second the Community where the latter is equated subparagraph of Article 23 (2) of Regulation ( EEC) with the official language in that part of the No 2133 /74 : territory of the Member State of origin in which the specific region referred to is situa­ ' However, the Member States may : ted ,

No L 135 /50 Official Journal of the European Communities 24. 5 . 76

where this practice is traditional and customary — Sardegna, in the Member State concerned ;' — Romagna,

3 . The following shall be substituted for ( b) in — Monferrato, the second subparagraph of Article 3 (6) of Regu­ lation ( EEC) No 2133 /74 : — Friuli . '

' (b) it may be decided that the information as to : Article 9 — the type of product or a particular colour referred to in Article 2 (2) (h), 1 . The following shall be substituted for Article 22 ( 1 ) (a) and Article 24 ( 1 ) ( b) of Regulation ( EEC) — the method of production of the table No 2133 /74 : wine referred to in Article 2 (3 ) (d), and

— the natural or technical conditions ' the type of product, using : governing the production or the ageing of the table wine referred to in Article 2 — that definition contained in Community legis­ (3 ) (h), lation which gives the most accurate des­ cription of the product concerned , or, shall be provided solely in one of the official — for products in circulation in the territory languages of the Member State of origin .' of the Member State in question , words other than those laid down by Community 4. The following shall be substituted for the second provisions , where their use is traditional and subparagraph of Article 13 (5) ( b) of Regulation customary in the Member State concerned ;' ( EEC) No 2133 /74 :

2. Article 22 of Regulation ( EEC) No 2133/74 ' ( b) it may be decided that the information as to : shall be supplemented by the following paragraph :

— the method of production, the type of ' 3 . Where partially fermented grape must is product or a particular colour referred intended for direct human consumption , its to in Article 12 (2) (k), and description on labels may be supplemented by — the natural or technical conditions information concerning : governing the production or the ageing ( a) the geographical unit, within the meaning of of the quality wines psr referred to in Article 4 ( 1 ), from which the must originates , Article 12 (2) (t), provided that the conditions concerning table wine laid down in Article 4 (3 ) are satisfied ; shall be provided solely in one of the official languages of the Member State (b) the name of a vine variety ; of origin .' (c) a statement as to whether the product is red, rose or white .'

Article 8 3 . The following shall be substituted for Article 24 (2) (c) of Regulation ( EEC) No 2133/74 :

Article 4 (3 ) of Regulation ( EEC) No 2133 /74 ' (c) for other products : the information referred shall be supplemented by the following subpara­ to in Article 22 (2) ( a), (c) and (3 );' graph :

4. Article 23 (3 ) of Regulation ( EEC) No 2133 /74 ' However, until 31 August 1981 , it shall be shall be supplemented by the following paragraph : permissible to use the names of the following specified regions to describe table wines : ' The indication on the label of a vine variety — Moselle Luxembourgeoise, referred to in Article 22 (3) ( b) to describe a product other than a table wine or a quality — Puglie, wine psr may be given only if the conditions corresponding to those referred to in Article 5 ( 1 ) — Abruzzi , are satisfied.'

24 . 5 . 76 Official Journal of the European Communities No L 135 /51

5 . The following shall be substituted for Article 26 (2), 28 (2) and 29 (2) may be made compul­ (2) of Regulation ( EEC) No 2133/74 : sory, prohibited or restricted ;

' 2. If the vintage year or vine variety are — small quantities of wine originating in third indicated as well , this information must be countries may be exempted from the appli­ cation of Articles 27 ( 1 ) and 28 (1 ) (b), (c) given in accordance with Article 23 (3 ).' and (d).'

2. Article 30 (7) of Regulation ( EEC) No 2133/74 Article 10 shall be supplemented by the following paragraph :

' Certain terms resulting from the translation of 1 . Article 27 (2) of Regulation ( EEC) No 2133 /74 the information referred to in the second para­ shall be supplemented by the following : graph may be governed by implementing proce­ dures . ' '(g) a citation awarded by an official body or a body officially recognized for this purpose to one of the persons or group of persons Article 13 referred to in (c) which is likely to enhance the reputation of the imported wine con­ cerned, provided that this citation is govern­ The following subparagraph shall be added to ed by Community implementing procedures Article 31 (3 ) of Regulation ( EEC) No 2133/74 : or, failing this , by the provisions of the third country of origin . ' ' Derogations from paragraph 2 may be allowed where the geographical name of a wine produced in the Community is the same as the name of a 2. Article 28 (2) of Regulation ( EEC) No 2133/74 geographical unit situated in a third country shall be supplemented by the following : where this name is used in that country to describe a wine in accordance with traditional '(q) a citation awarded by an official body or a and consistent usage and on condition that its body officially recognized for this purpose use is governed by rules in that country.' to one of the persons or group of persons referred to in (h) which is likely to enhance the reputation of the imported wine con­ cerned , provided that this citation is govern­ ed by Community implementing procedures Article 14 or, failing this, by the provisions of the third country of origin. ' The following shall be substituted for Article 40 (4) (a) of Regulation ( EEC) No 2133/74 :

'(a ) a statement that the containers have been Article 11 approved for the transport of beverages or foodstuffs , and ' The following shall be substituted for Article 28 (2) (a) of Regulation ( EEC) No 2133 /74 :

' (a) the word " wine" which may or may not be Article 15 accompanied by a statement as to whether the wine is red, rose or white ;' The following shall be substituted for Article 41 ( 1 ) of Regulation ( EEC) No 2133 /74 :

Article 12 ' 1 . For the purposes of Titles I and II of this Regulation, labelling shall mean all the descrip­ tions and other references , signs , designs or 1 . The following shall be substituted for Article 30 brand names, which distinguish the product and (3) of Regulation ( EEC) No 2133/74 : appear on the same container, including its sealing device or other coverings , and on the ' 3 . In accordance with the same procedure : pendant attached thereto, with the exception of whatever is laid down by the tax provisions — use of the information referred to in Articles 27 of Member States . '

No L 135 /52 Official Journal of the European Communities 24 . 5 . 76

Article16¶

In the Italian version the words ' vino da pasto ' in Articles 2 (1 ) (a) and 44 ( 1 ) (b) of Regulation ( EEC) This Regulation shall enter into force on the third No 2133/74 shall be replaced by the words ' vino da day following its publication in the Official Journal tavola \ of the European Communities.

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

Done at Brussels , 17 May 1976.

For the Council

The President J. HAMILIUS