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Commission Delegated Regulation (EU) 2019/33Dangos y teitl llawn

Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation

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SECTION 2 U.K. Optional particulars

Article 49U.K.Vintage year

1.The vintage year referred to in Article 120(1)(a) of Regulation (EU) No 1308/2013 may appear on the labels of grapevine products referred to in points (1) to (11), (13), (15) and (16) of Part II of Annex VII to Regulation (EU) No 1308/2013, provided that at least 85 % of the grapes used to make those products have been harvested in the year in question. This does not include:

(a)any quantity of grapevine products used in sweetening, ‘expedition liqueur’ or ‘tirage liqueur’; or

(b)any quantity of grapevine product as referred to in point (3)(e) and (f) of Part II of Annex VII to Regulation (EU) No 1308/2013.

2.For the purposes of paragraph 1, grapevine products that do not bear a protected designation of origin or a geographical indication but which bear an indication of the vintage year on their label, shall be certified according to Article 12 of Commission Implementing Regulation (EU) 2018/274(1).

3.For grapevine products traditionally obtained from grapes harvested in January or February, the vintage year to appear on the label of grapevine products shall be that of the previous calendar year.

Article 50U.K.Name of wine grape variety

1.The names of the wine grape varieties or their synonyms referred to in Article 120(1)(b) of Regulation (EU) No 1308/2013, used for the production of grapevine products referred to in points (1) to (11), (13), (15) and (16) of Part II of Annex VII to Regulation (EU) No 1308/2013, may appear on the label of those products under the conditions laid down in points (a) and (b), if they are produced in [F1Great Britain], or under the conditions laid down in points (a) and (c), if they are produced in [F2Northern Ireland or] third countries.

(a)The names of the wine grape varieties or their synonyms may be indicated under the following conditions:

(i)

if only one wine grape variety or its synonym is named, at least 85 % of the product must have been made from that variety, not including:

  • any quantity of grapevine products used in sweetening, ‘expedition liqueur’ or ‘tirage liqueur’, or

  • any quantity of grapevine product referred to in point (3)(e) and (f) of Part II of Annex VII to Regulation (EU) No 1308/2013;

(ii)

if two or more wine grape varieties or their synonyms are named, 100 % of the product concerned must have been made from these varieties, not including:

  • any quantity of grapevine products used in sweetening, ‘expedition liqueur’ or ‘tirage liqueur’, or

  • any quantity of grapevine product referred to in point (3)(e) and (f) of Part II of Annex VII to Regulation (EU) No 1308/2013;

The wine grape varieties must appear on the label in descending order of the proportion used and in characters of the same size.

(b)F3...

For [F4wines produced in Great Britain,] the names of the wine grape varieties or synonyms shall be those specified in the ‘International list of vine varieties and their synonyms’ managed by the International Organisation of Vine and Wine.

(c)For grapevine products originating in [F5Northern Ireland or] third countries, the conditions of use of the names of the wine grape varieties or their synonyms shall comply with the rules applicable to wine producers in [F6Northern Ireland or] the third country concerned, including [F7, in the case of a third country,] those emanating from representative professional organisations, and [F8, in both cases,] the names of the wine grape varieties or their synonyms shall be those specified in the list of at least one of the following organisations:

(i)

the International Organisation of Vine and Wine;

(ii)

the International Union for the Protection of New Varieties of Plants;

(iii)

the International Board for Plant Genetic Resources.

[F91a.In relation to a grapevine product marketed in England to which paragraph 1(a)(ii) applies, the first subparagraph of point (ii) is to be read as if, in the words before the first indent, for ‘100 %’ there were substituted ‘at least 95%’.]

[F101a. In relation to a grapevine product marketed in Scotland to which paragraph 1(a)(ii) applies, the first subparagraph of point (ii) is to be read as if, in the words before the first indent, for ‘100 %’ there were substituted ‘at least 95%’.]

[F111b.In relation to a grapevine product marketed in Wales to which paragraph 1(a)(ii) applies, the first subparagraph of point (ii) is to be read as if, in the words before the first indent, for ‘100 %’ there were substituted ‘at least 95%’.]

2.For the purposes of paragraph 1, a grapevine product that does not bear a protected designation of origin or a geographical indication but bears an indication of the grape variety on its label, shall be certified according to Article 12 of Implementing Regulation (EU) 2018/274.

In the case of sparkling wines and quality sparkling wines, the wine grape variety names used to supplement the description of the product, namely, ‘pinot blanc’, ‘pinot noir’, ‘pinot meunier’ or ‘pinot gris’ F12..., may be replaced by the synonym ‘pinot’.

3.The wine grape variety names and their synonyms consisting of or containing a protected designation of origin or geographical indication which may appear on the label of a product bearing a protected designation of origin or geographical indication or geographical indication of [F13Northern Ireland or] a third country are those listed in Part A of Annex IV to this Regulation.

F14...

4.The wine grape variety names and their synonyms listed in Part B of Annex IV to this Regulation, that partially contain a protected designation of origin or geographical indication and directly refer to the geographical element of the protected designation of origin or geographical indication in question, may only appear on the label of a product bearing a protected designation of origin or geographical indication or geographical indication of a third country.

Textual Amendments

Article 51U.K.Specific rules for the indication of wine grape varieties on grapevine products that do not bear a protected designation of origin or geographical indication

[F151.]For grapevine products referred to in points (1) to (9) and (16) of Part II of Annex VII to Regulation (EU) No 1308/2013 that do not bear a protected designation of origin or protected geographical indication and provided that the conditions laid down in Article 120(2) of that Regulation are complied with, [F16nothing in this Regulation prevents regulations being made under the 1990 Act permitting the use of the term ‘varietal wine’ on grapevine products produced in Great Britain,] supplemented by one or both of the following:

(a)

the name [F17‘United Kingdom’];

(b)

the name of the wine grape variety(-ies).

[F182.]For grapevine products referred to in [F19paragraph 1 produced in a third country] not bearing a protected designation of origin, protected geographical indication or not having a geographical indication of a third country which bear the name of one or more wine grape varieties on their labels, third countries may decide to use the terms ‘varietal wine’ supplemented by the name(s) of the third country(ies) concerned.

[F203.Nothing in this Regulation prevents a relevant NI grapevine product from being placed on the market in Great Britain using the term ‘varietal wine’ supplemented by the name ‘United Kingdom’ if the law that applies in Northern Ireland permits the use of the term ‘varietal wine’ in relation to that product when marketed in Northern Ireland.]

[F214.]Article 45 of this Regulation shall not apply in relation to the indication [F22, pursuant to this Article, of the name ‘England’, ‘Northern Ireland’, ‘Scotland’, ‘Wales’ or ‘United Kingdom’ or the name of a third country].

[F235.]In the case of [F24a grapevine product to which paragraph 1 applies, the name ‘United Kingdom’] may be replaced by the name of the relevant individual country forming part of United Kingdom in which grapes used to make the grapevine products are harvested.

[F256.In the case of a grapevine product to which paragraph 3 applies, the name ‘United Kingdom’ may be replaced by the name ‘Northern Ireland’.

7.In paragraph 3, ‘relevant NI grapevine product’ means a grapevine product:

(a)of a type referred to in any of points (1) to (9) or (16) of Part 2 of Annex 7 to Regulation (EU) No 1308/2013,

(b)that is produced in Northern Ireland from grapes harvested in the United Kingdom,

(c)that does not bear a protected designation of origin or protected geographical indication or any other geographical indication, and

(d)that bears the name of one or more wine grape varieties on its label.]

Textual Amendments

Article 52U.K.Indication of the sugar content for grapevine products other than sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine

1.The sugar content expressed as fructose and glucose as provided for in Part B of Annex III to this Regulation, may appear on the label of the grapevine products other than those referred to in Article 119(1)(g) of Regulation (EU) No 1308/2013.

2.Where the sugar content of the grapevine products justifies the use of two of the terms listed in Part B of Annex III to this Regulation, only one of those two terms shall be chosen.

3.Without prejudice to the conditions of use described in Part B of Annex III to this Regulation, the sugar content may not differ by more than 1 gram per litre from what appears on the product label.

4.Paragraph 1 shall not apply to grapevine products referred to in points (3), (8) and (9) of Part II of Annex VII to Regulation (EU) No 1308/2013 provided that the conditions of the use of the indication of the sugar content are regulated by [F26rules in the] country concerned, including, in the case of third countries, rules emanating from representative professional organisations.

[F275.For the purpose of paragraph 4, ‘rules’ includes:

(a)in relation to a constituent nation of Great Britain, regulations made under the 1990 Act;

(b)in relation to Northern Ireland, regulations made under the Food Safety (Northern Ireland) Order 1991 .]

Textual Amendments

Article 53U.K.Terms referring to certain production methods

1.In accordance with Article 120(1)(f) of Regulation (EU) No 1308/2013, grapevine products referred to points (1) to (11), (13), (15) and (16) of Part II of Annex VII to Regulation (EU) No 1308/2013 may bear indications referring to certain production methods. These indications may include the production methods referred to in this Article.

2.Only the terms used to refer to indications of certain production methods which are listed in Annex V shall be used to describe a grapevine product bearing a protected designation of origin or a protected geographical indication or bearing a geographical indication of [F28Northern Ireland or] a third country that has been fermented, matured or aged in a wood container. F29... third countries may, however, establish other indications equivalent to those laid down in Annex V for such grapevine product. [F30Nothing in this Regulation prevents the use of other indications equivalent to those laid down in Annex 5 for such grapevine products of Northern Ireland if those other indications may be used, in accordance with the law that applies in Northern Ireland, on those products when marketed in Northern Ireland.]

Use of one of the indications referred to in the first subparagraph shall be permitted where the grapevine product has been aged in a wood container in accordance with the national rules in force, even when the ageing process continues in another type of container.

The indications referred to in the first subparagraph may not be used to describe a grapevine product that has been produced with the aid of oak chips, even in association with the use of wood containers.

3.The expression ‘bottle-fermented’ may be used only to describe sparkling wines bearing a protected designation of origin or a geographical indication of [F31Northern Ireland or] a third country or quality sparkling wines provided that:

(a)the product was made sparkling by a second alcoholic fermentation in a bottle;

(b)the length of the production process, including ageing in the undertaking where the product was made, calculated from the start of the fermentation process designed to make the cuvée sparkling, has not been less than nine months;

(c)the process of fermentation designed to make the cuvée sparkling and the presence of the cuvée on the lees lasted at least 90 days;

(d)the product was separated from the lees by filtering in accordance with the racking method or by disgorging.

4.The expressions ‘bottle-fermented by the traditional method’ or ‘traditional method’ or ‘classical method’ or ‘classical traditional method’ may only be used to describe sparkling wines bearing a protected designation of origin or a geographical indication of [F32Northern Ireland or] a third country or quality sparkling wines provided the product:

(a)was made sparkling by a second alcoholic fermentation in the bottle;

(b)stayed without interruption in contact with the lees for at least nine months in the same undertaking from the time when the cuvée was constituted;

(c)was separated from the lees by disgorging.

5.The expression ‘Crémant’ may only be used for white or ‘rosé’ quality sparkling wines bearing a protected designation of origin or a geographical indication of [F33Northern Ireland or] a third country provided:

(a)the grapes shall be harvested manually;

(b)the wine is made from must obtained by pressing whole or destemmed grapes. The quantity of must obtained shall not exceed 100 litres for every 150 kg of grapes;

(c)the maximum sulphur dioxide content does not exceed 150 mg/l;

(d)the sugar content is less than 50 g/l;

(e)the wine complies with the requirements laid down in paragraph 4.

Without prejudice to Article 55, the term ‘Crémant’ shall be indicated on labels of quality sparkling wines in combination with the name of the geographical unit underlying the demarcated area of the protected designation of origin or the a geographical indication of [F34Northern Ireland or] a third country in question.

Point (a) of the first subparagraph and the second subparagraph shall not apply to producers who own trade marks containing the term ‘Crémant’ registered before 1 March 1986.

6.References to the organic production of grapes are governed by Council Regulation (EC) No 834/2007(2).

Textual Amendments

Article 54U.K.Indication of the holding

1.The terms referring to a holding listed in Annex VI, other than the indication of the name of the bottler, producer or vendor, shall be reserved for grapevine products with protected designations of origin or geographical indications.

Those terms shall only be used if the grapevine product is made exclusively from grapes harvested in vineyards exploited by that holding and the winemaking is entirely carried out on that holding.

2.F35... Third countries shall establish the rules on use applicable to their respective terms listed in Annex VI, including those emanating from representative professional organisations.

3.The operators involved in the marketing of the grapevine product produced in such holding may only use the name of the holding for the labelling and presentation of that grapevine product if the holding in question agrees to that use.

Textual Amendments

Article 55U.K.Reference to names of geographical units smaller or larger than the area underlying the protected designation of origin or geographical indication

1.Pursuant to Article 120(1)(g) of Regulation (EU) No 1308/2013 and without prejudice to Articles 45 and 46, only a grapevine product bearing a protected designation of origin, protected geographical indication or a geographical indication of [F36Northern Ireland or] a third country may have a reference on the label to the name of a geographical unit that is smaller or larger than the area of that designation of origin or geographical indication.

2.Where reference is made to names of geographical units which are smaller than the area underlying the designation of origin or geographical indication, the area of the geographical unit in question shall be well defined by the applicant in the product specification and the single document. F37...

For grapevine products produced in a smaller geographical unit the following applies:

(a)at least 85 % of the grapes from which the grapevine product has been produced shall originate in that smaller geographical unit. This does not include:

(i)

any quantity of grapevine products used in sweetening, ‘expedition liqueur’ or ‘tirage liqueur’,

(ii)

any quantity of grapevine product referred to in point (3)(e) and (f) of Part II of Annex VII to Regulation (EU) No 1308/2013;

(b)The remaining grapes used in the production shall originate in the geographical demarcated area of the designation of origin or geographical indication concerned.

F38...

3.The name of a geographical unit smaller or larger than the area underlying the designation of origin or geographical indication or a geographical area references shall refer to:

(a)a locality or group of localities;

(b)a local administrative area or part thereof;

(c)a wine-growing sub-region or part thereof;

(d)an administrative area.

Textual Amendments

(1)

Commission Implementing Regulation (EU) 2018/274 of 11 December 2017 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, certification, the inward and outward register, compulsory declarations and notifications, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks, and repealing Commission Implementing Regulation (EU) 2015/561 (OJ L 58, 28.2.2018, p. 1).

(2)

Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).

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