Commission regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products (repealed) (c. 607)

CHAPTER IV LABELLING AND PRESENTATION

SECTION 3 Rules on certain specific bottle shapes and closures and additional provisions laid down by the producer Member States

Article 68 Conditions of use of certain specific bottle shapes

To qualify for inclusion in the list of specific types of bottle set out in Annex XVII, a bottle type shall meet the following requirements:

(a)

it shall have been exclusively, genuinely and traditionally used for the last 25 years for a wine with a particular protected designation of origin or geographical indication; and

(b)

its use shall evoke for consumers a wine with a particular protected designation of origin or geographical indication.

Annex XVII indicates the conditions governing the use of the recognised specific types of bottles.

Article 69 Rules on presentation for certain products

1. Only sparkling wine, quality sparkling wine and quality aromatic sparkling wine shall be marketed or exported in ‘sparkling wine’-type glass bottles closed with:

(a) for bottles with a nominal volume more than 0,20 litres: a mushroom-shaped stopper made of cork or other material permitted to come into contact with foodstuffs, held in place by a fastening, covered, if necessary, by a cap and sheathed in foil completely covering the stopper and all or part of the neck of the bottle;

(b) for bottles with a nominal volume content not exceeding 0,20 litres: any other suitable closure.

2. Member States may decide that the requirement laid down in paragraph 1 applies to:

(a) products traditionally bottled in such bottles and which:

(i)

are listed in Article 25(2)(a) of Regulation (EC) No 479/2008;

(ii)

are listed in paragraphs 7, 8 and 9 of Annex IV of Regulation (EC) No 479/2008;

(iii)

are listed in Council Regulation (EEC) No 1601/1991(1); or

(iv)

have an actual alcoholic strength by volume no greater than 1,2 % vol;

(b) other products than those referred to in point (a) provided that they do not mislead consumers with regard the real nature of the product.

Article 70 Additional provisions laid down by the producer Member States relating to labelling and presentation

1. For wines with protected designation of origin or geographical indication produced on their territory, the particulars referred to in Articles 61, 62 and 64 to 67 may be rendered compulsory, prohibited or limited as regards their use by introducing conditions stricter than those laid down in this Chapter through the corresponding product specifications of those wines.

2. As regards wines without protected designation of origin or geographical indication produced on their territory, Member States may render compulsory the particulars referred to in Articles 64 and 66.

3. For control purposes, Member States may decide to define and regulate other particulars than those listed in Articles 59(1) and 60(1) of Regulation (EC) No 479/2008 for wines produced in their territories.

4. For control purposes, Member States may decide to render applicable Article 58, 59 and 60 of Regulation (EC) No 479/2008 for wines bottled in their territories but not marketed or exported yet.

(1)

OJ L 149, 14.6.1991, p. 1.