31977R1475

2 . 7 . 77 No L 164/ 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

COUNCIL REGULATION ( EEC) No 1475 / 77

of 20 June 1977

amending for the third time Regulation ( EEC) No 2133/74 laying down general rules for the description and presentation of wines and grape musts

THE COUNCIL OF THE EUROPEAN container a small 'e certifying that the latter meets COMMUNITIES , the requirements of this Directive ; whereas it should be pointed out in Regulation (EEC) No 2133/74 that the compulsory indication of the nominal volume of Having regard to the Treaty establishing the European the product must be accompanied by a small 'e' Economic Community, provided that the containers used satisfy the require­ ments of the above Directive ; Having regard to Council Regulation ( EEC) No 816/70 of 28 April 1970 laying down additional provi­ sions for the common organization of the market in Whereas in several provisions of the German text a wine ('), as last amended by Regulation ( EEC) No term should be replaced by the one usually used in 528/77 (2), and in particular Articles 30 ( 1 ) and 39a (2) wine Regulations ; thereof,

Having regard to Council Regulation ( EEC) No Whereas it should be specified that the terms ' Land­ 817/70 of 28 April 1970 laying down special provi­ wein ', 'vin de pays' or 'vino tipico' are restricted to the sions relating to quality wines produced in specified use of a specific geographical ascription and are regions (3), as last amended by Regulation ( EEC) No reserved for table wines meeting certain production 2878/76 (4), and in particular Article 12 (3) thereof, conditions ; whereas it is therefore essential to prohibit the use of these geographical ascriptions for Having regard to the proposal from the Commission , other wines ;

Whereas Regulation ( EEC) No 21 33/74 (5 ), as last amended by Regulation ( EEC) No 11 68 / 76 (b), lays Whereas, to take account of regional characteristics in down general rules for the description and presenta­ the production of table wines , Member States should tion of wines and grape musts ; be able to make compulsory, dispense with or restrict the use of optional particulars to describe any table Whereas an error of presentation in certain languages wines and not only table wines the description of which include a geographical ascription ; whereas this of Article 1 (3) must be corrected ; has proved particularly necessary where information is given concerning types of table wine characterized by Whereas point 3.3 of Annex I to Council Directive their residual sugar content ; 75/ 106/ EEC of 19 December 1974 on the approxima­ tion of the laws of the Member States relating to the making-up by volume of certain prepackaged Whereas , in order to inform the consumer, it is advis­ liquids ( 7) lays down that any prepackaging made in accordance with this Directive must bear on the able in respect of table wine made from a coupage of products originating in different Member States to lay down that the words ' wine from different countries of (') OJ No L 99 , 5 . 5 . 1970 , p. I. ( 2 ) OJ No L 69 , 16 . 3 . 1977 , p. I. the European Community' be repeated in an official (J ) OJ No L 99 , 5 . 5 . 1970 , p. 20 . language of the Member State in which the wine in (4 ) OJ No L 331 , 30 . II . 1976, p. 3 . question is offered to consumers , provided that this (5 ) OJ No L 227, 17 . 8 . 1974 , p . 1 . (o) OJ No L 135 , 24 . 5 . 1976, p . 46. indication is given in another official Community ( 7) OJ No L 42 , 15 . 2 . I97S , p . 1 . language on the label ;

No L 164/ 2 2 . 7 . 77 Official Journal of the European Communities

Whereas the list of names of specified regions which secondly, the other particulars on the labels, in parti­ may be used until 31 August 1981 , pursuant to the cular the name or the business name of the bottler or the local administrative area where he has his head second subparagraph of Article 1 2 (3) of Regulation ( EEC) No 817/70, should be supplemented by the offices and the brand name ; whereas , as regards the word ' Ischia ' ; latter particulars, provision should therefore be made for the use of a code while, however, permitting the Member States to prescribe other appropriate Whereas a more restricted geographical unit than the measures for their territory ; specified region , the name of a vine variety or the vintage must be indicated in accordance with rules Whereas experience has shown that in commercial which follow the same principles ; whereas it is there­ documents information concerning products other fore advisable to adapt the rules permitting deroga­ tions for wines which have been sweetened and which than a table wine or a quality wine psr is necessary only where accompanying documents have not been are described by the name of a vine variety or by the drawn up ; whereas Article 26 ( 1 ) of Regulation (EEC) vintage ; No 2133 / 74 should therefore be amended accord­ ingly ;

Whereas Articles 9 , 19 and 35 of Regulation ( EEC) No 2133 / 74 specify the obligatory and optional infor­ Whereas , to take account of modern commercial mation for the description of table wines , quality accounting techniques and to facilitate the task of the wines produced in specified regions and imported bodies which Member States have made responsible wines which must be given in the official documents for ensuring compliance with the Community rules and registers , provided that such information appears on wine, it is advisable to extend to all products, the or is intended to appear on the labelling ; whereas description of which is governed by Regulation (EEC) certain characteristics of the wines to which this infor­ No 2133/74, the possibility of describing them by mation refers, namely the residual sugar content and means of a code ; the particular colour, can change as a result of oeno­ logical practices at various stages in commercial distri­ bution ; whereas there consequently seems no justifica­ Whereas Regulation ( EEC) No 2133 /74 lays down that tion for maintaining the requirement that such parti­ the name of the importer must be given ; whereas, in culars referring to the residual sugar content and, the case of a product imported in bulk and divided except for quality wines psr, to a particular colour of into several consignments and distributed to various the product appear in the documents and registers in persons , it should be laid down that the name of the order to be able to appear on the labels , particularly consignor instead of the importer must be given, in since these are characteristics which can easily be order to provide the consumer with more information checked without recourse to documents ; whereas , on and to facilitate the task of the supervisory authori­ the other hand, in order to be able to check the infor­ ties ; mation concerning the natural and technical condi­ tions governing the production of the wine , it is neces­ Whereas , with the aim of allowing greater flexibility sary to lay down that this information be indicated in in dealing with the rules applicable in third countries the official documents, provided that it appears or is for the description of wines intended for export to the intended to appear on the labelling ; Community, it is advisable to adapt Community rules permitting derogations for imported wines with regard to the indication of a geographical unit, the name of a Whereas Article 12 ( 1 ) of Regulation ( EEC) No vine variety or a vintage ; 2133 / 74 requires the use on the labels of the term 'quality wine psr' or of the specific traditional expres­ sion laid down in the Member State concerned ; Whereas Article 41 of Regulation ( EEC) No 2133/74 whereas, in order to provide the consumer with more defines uiiat is meant by labelling ; whereas it should information , in particular in Member States other than be stated that such a definition excludes non-remov­ the producer State and in third countries, both those able particulars which appear on the container and terms should be allowed to appear simultaneously on refer not to the content thereof but to the container the labels ; whereas it should be laid down that a itself ; whereas particulars used by the bottler for the Member State may not make compulsory , dispense purpose of checks to be carried out on his premises with or restrict the use of the term 'quality wine psr' should also be excluded from the definition of which , as it is a Community term , may be indicated labelling, since they are not addressed to the in all the official languages of the Community ; consumer ;

Whereas confusion should be avoided , firstly , between Whereas the German version of Article 43 of Regula­ the name of a specified region within the meaning ot tion ( EEC) No 2133 /74 should be adapted so that it Article 2 of Regulation ( EEC) No 817 / 70 and , agrees fully with the other versions ,

2. 7. 77 Official Journal of the European Communities No L 164/3

HAS ADOPTED THIS REGULATION : and in the first and third indents of Article 28 (2) (o), the words 'zu Wein verarbeitet' shall be replaced by ' zu Wein bereitet'. Article 1

The second subparagraph of Article 1 (3) (a) of Regula­ Article 4 tion ( EEC) No 2133 /74 shall be replaced by the following : The following sentence shall be added to the first subparagraph of Article 2 (3) (i) of Regulation (EEC) '(a) products transported : No 2133 / 74 : — between two or more plants , 'These rules shall provide that these terms be used — between vineyards and wine-making in conjunction with a specific geographical refer­ plants , ence and reserved for table wines meeting certain production requirements, particularly as regards belonging to the same concern and situated in vine varieties , minimum natural alcoholic content the same local administrative area ;'. and organoleptic characteristics.'.

Article2¶

1 . Article 2 ( 1 ) (b) of Regulation ( EEC) No 2133 /74 Article 3 of Regulation ( EEC) No 2133 /74 shall be shall be replaced by the following : amended as follows : '(b) the nominal volume of the table wine , (a) paragraph 2 shall be replaced by the following : together with a small " e" provided that the containers used comply with the requirements ' 2 . In the case of table wines obtained on their of Directive 75 / 106/ EEC territory, Member States may make compulsory, dispense with or restrict the use of certain particu­ 2. Article 12 ( 1 ) (c) of Regulation ( EEC) No lars referred to in Article 2 (2) and (3).' ; 2133 / 74 shall be replaced by the following : (b) the second subparagraph of paragraph 6 shall be '(c) the nominal volume of the quality wine psr, supplemented by the following : together with a small "e" provided that the containers used comply with the requirements '(c) indication of the words "wine from different of Directive 75 / 106/ EEC ;'. countries of the European Community" referred to in Article 2 ( 1 ) (d) ( ii) shall be re­ 3 . Article 22 ( 1 ) (c ) of Regulation ( EEC) No peated , on a supplementary label if necessary, 2133 / 74 shall be replaced by the following : in an official language of the Member State in which the wine is offered to the consumer, if '(c ) the nominal volume of the product, together this indication appears on the label in another with a small "e" provided that the containers official language of the Community.'. used comply with the requirements of Direc­ tive 75 / 106 / EEC

Article 6 4 . In Regulation ( EEC) No 2133 / 74 , Articles 27 ( 1 ) (b) and 28 ( 1 ) (b) shall be replaced by the following : Article 4 ( 3 ) of Regulation ( EEC ) No 2133 /74 shall be amended as follows : '(b) the nominal volume of the imported wine , together with a small u e" provided that the (a) the first subparagraph shall be replaced by the containers used comply with the requirements following : of Directive 75 / 106 / EEC ;'. ' 3 . The use of one of the names referred to in 5 . Article 29 ( 1 ) (c) of Regulation ( EEC) No paragraph 1 to describe a table wine shall be 2133 / 74 shall be replaced by the following : subject to the condition that it cannot be identi­ fied : '(c ) the nominal volume of the imported product , together with a small " e" provided that the — either with the name of a production area of containers used comply with the requirements another table wine to which the Member State of Directive 75 / 106/ EEC ;'. concerned has ascribed one of the terms " Land­ wein ", "vin de pays" or " vino tipico", Article 3 — or with the set of particulars giving the geogra­ phical designation of a quality wine psr, In the German version of Regulation ( EEC ) No named after the specified region , or, where 2133 / 74, in the first and third indents of Article 2 ( 3 ) appropriate , named in accordance with the ( f), in the first and third indents of Article 12 ( 2 ) ( q ), provisions of Article 14 ( 1 ),

No L 164/4 Official Journal of the European Communities 2 . 7 . 77

— or with the description of an imported wine (a) the wording of (c) shall be replaced by the referred to in Article 28 , following :

and that there is no risk of confusion with a '(c) a statement as to the method of production, a quality wine psr or with an imported wine .' ; particular colour, or the type of product except as regards the residual sugar content ;' ; (b) the word ' Ischia' shall be added to the list in the second subparagraph . (b) the following shall be added :

'(f) the particulars of the natural or technical condi­ Article 7 tions governing the production of the wine ;'.

3 . The second subparagraph of Article 35 (2) of 1 . The second indent of Article 5 (2), and the Regulation ( EEC) No 2133 /74 shall be amended as second indent of Article 15 (2) of Regulation (EEC) follows : No 2133/74 shall be replaced by the following : (a) the wording of (e) shall be replaced by the '— the name of one vine variety, if at least 85 % following : of the product concerned is obtained, after deduction of the quantity of the products used '(e) a statement as to the method of production or for possible sweetening, from grapes of the the type of product except as regards the variety named, and provided that the variety residual sugar content ; determines the nature of the product in ques­ tion .'. (b) the following shall be added :

'(f) the particulars of the natural or technical condi­ 2. Article 6 (2) of Regulation (EEC) No 2133/74 tions governing the production of the wine.'. shall be replaced by the following :

'2. By derogation from paragraph 1 and without Article 9 prejudice to Article 7, producer Member States may allow the indication of the vintage if at least Article 12 (2) (i) of Regulation ( EEC) No 2133/74 shall 85 % of the table wine concerned is obtained, be replaced by the following : after deduction of the quantity of the products used for possible sWeetening, from grapes har­ '(i ) additional details of a traditional kind , vested in the year to be shown .'. provided that they are used in the manner prescribed by the laws of the producer 3. Article 16 (2) of Regulation (EEC) No 2133/74 Member State and are entered in a list to be shall be replaced by the following : drawn up ; '2. By derogation from paragraph 1 and without (j) — the Community expression "quality wine prejudice to Article 17, producer Member States produced in a specified region", or "quality may allow an indication of the vintage if at least wine psr" if it does not appear pursuant to 85 % of the quality wine psr concerned is paragraph ( 1 ) (b), or obtained, after deduction of the quantity of the products used for possible sweetening, from grapes — a specific traditional expression if it does harvested in the year to be shown .'. not appear pursuant to paragraph ( 1 ) (b)

Article10¶

1 . Article 13 (2) of Regulation ( EEC) No 2133/74 1 . Article 9 (2) of Regulation (EEC) No 2133/74 shall be amended as follows : shall be replaced by the following :

'2. In the case of quality wines psr obtained on (a) the wording of (d) shall be replaced by the their territory, Member States may make compul­ following : sory, dispense with or restrict the use of certain '(d) a statement as to the method or production or particulars referred to in Article 12 (2), except for the type of product, except as to the residual those referred to in the first indent of (j).'. sugar content ;' ; 2. Article 13 of Regulation ( EEC) No 2133/74 shall (b) the following wording shall be added : be supplemented by the following :

'(f) the particulars of the natural or technical condi­ '4a. An indication of all or part ol she name of tions governing the production of the wine a specified region , as defined by Article- 2 of Regu­ lation ( EEC) No 817/ 70 , other thai : ' ic indication 2. Article 19 (2) of Regulation ( EEC) No 2133/74 which may be used for the q -.-.>'- - wine psr in shall be amended as follows : question , shall be given in the form of a code .

2 . 7 . 77 No L 164 / 5 Official Journal of the European Communities

However, Member States may lay down other containers with a nominal volume of more appropriate measures for their territory, in parti­ than 60 litres and where the importer and cular as regards the size of the letters of this indica­ consignor are not the same , the name or busi­ tion , to avoid confusion concerning the geogra­ ness name of the consignor and the local phical origin of the wine .'. administrative area or part thereof where his head offices are situated 3 . The second indent of Article 13 ( 5) (a) shall be replaced by the following : Article 13 '— one of the specific traditional expressions referred to in the second subparagraph of 1 . The second indent of the first subparagraph of Article 12 (4) of Regulation ( EEC) No Article 31 ( 3 ) of Regulation ( EEC) No 2133 / 74 shall 817/ 70 ,'. be replaced by the following :

'— are approximately equivalent to the deroga­ Article 11 tions allowed under Article 14 ( 3 ) for quality wines psr.'. Article 26 of Regulation ( EEC) No 2133/74 shall be amended as follows : 2 . The second indent of Article 32 ( 2) of Regula­ tion ( EEC) No 2133 / 74 shall be replaced by the (a) paragraph 1 shall be replaced by the following : following :

' 1 . If no accompanying document has been '— are approximately equivalent to the deroga­ drawn up for a product other than a table wine or tions allowed under Articles 5 ( 2) and 15 ( 2) a quality wine psr, the description in the commer­ for table wines and quality wines psr.'. cial documents referred to in Article 1 ( 2) (c ) shall include at least the information referred to in 3 . The second indent of Article 33 ( 2) of Regula­ Article 24 ( 1 ).' ; tion ( EEC) No 2133 / 74 shall be replaced by the following : (b) the following paragraph shall be added : '— are approximately equivalent to the deroga­ ' 6 . In the case of products other than table tions allowed under Articles 6 ( 2) and 16 ( 2) wines or quality wines psr distributed in their terri­ for table wines and quality wines psr.'. tory, the Member States may permit the informa­ tion referred to in Article 22 to be erttered in Article 14 commercial documents by means of a code . This code must be such that the body responsible for The following paragraph shall be added to Article 38 inspections can rapidly identify the description of of Regulation ( EEC ) No 2133 / 74 : the product concerned .'. '4 . In the case of imported products distributed in their territory , Member States may permit the Article 12 information referred to in Articles 27 , 28 and 29 to be entered in commercial documents by means 1 . The third indent of Article 27 ( 1 ) (c ) and the of a code . The code must be such that the body third indent of Article 28 ( 1 ) (c ) of Regulation ( EEC ) responsible for inspections can rapidly identify the No 2133 / 74 shall be replaced by the following : description of the product concerned .'. '— are put up in other containers :

— the name or business name of the Article 1 5 importer and of the local administrative Article 41 ( 1 ) of Regulation ( EEC ) No 2133 / 74 shall area or part thereof where his head offices are situated , or be replaced by the following :

— if the importer and consignor are not the M. For the purpose of Titles I and II of this same , the name or business name of the Regulation , labelling shall be understood to mean consignor and the local administrative area all descriptions and other references , signs , designs or part thereof where his head offices are or brand names which distinguish the product and situated which appear on the same container, including its sealing device , and on the tag attached to the 2 . Article 29 ( 1 ) .(d ) of Regulation ( EEC ) No container . 2133 / 74 shall be replaced by the following : Particulars , signs and other references are not part '(d) the name or business name of the importer of the labelling if they : and the local administrative area or part thereof in which his head offices are situated , -— are laid down by the tax provisions of Member States , or or , where the imported product is put up in

No L 164/ 6 2.7.77 Official Journal of the European Communities

— refer to the manufacturer or to the nominal — über die Identität oder die Eigenschaft der na­ volume of the container and are inscribed türlichen oder juristischen Personen oder Perso­ directly and indelibly thereon , or nenvereinigungen , die an der Herstellung oder — are used by the bottler for his own internal der Vermarktung des Erzeugnisses beteiligt sind oder waren .'. checks and are indicated in detailed rules to be laid down .'.

Article 1 7 Article 16 The following Article shall be added to Regulation The German version of Article 43 of Regulation ( EEC) . ( EEC) No 2133 / 74 : No 2133 /74 shall be replaced by the following : Article 43a '' Artikel 43

If necessary, rules may be adopted to govern the 1 . Bezeichnung und Aufmachung von in Arti­ use of : kel 1 Absatz 3 genannten Erzeugnissen , einschließ­ lich jeder Art von Werbung, dürfen nicht geeignet — the codes referred to in Articles 3 (4), 13 (4) sein, Verwechslungen hinsichtlich der in den Arti­ and 30 (6), keln 2, 12, 27, 28 und 29 genannten Angaben her­ — the control numbers referred to in Article 12 vorzurufen . (2).'. 2. Bezeichnung und Aufmachung in der Wer­ bung dürfen nicht zu einer Irreführung über das Article 18 Erzeugnis geeignet sein , insbesondere

— über die Art des Erzeugnisses , die Farbe , den This Regulation shall enter into force on the third day Ursprung, die Qualitätsstufe, die Rebsorte, den following its publication in the Official Journal of the Euro heart Communities. Jahrgang und den Inhalt der Behältnisse ;

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

Done at Luxembourg , 20 June 1977 .

For the Council

The President

J. SILKIN