Council Regulation (EC) No 1493/1999 (repealed)Show full title

TITLE V U.K. OENOLOGICAL PRACTICES AND PROCESSES, DESCRIPTION, DESIGNATION, PRESENTATION AND PROTECTION

CHAPTER I U.K. OENOLOGICAL PRACTICES AND PROCESSES

Article 42 U.K.

1. Authorised Community oenological practices and processes are established for the production of the products covered by this Regulation other than grape juice and concentrated grape juice and grape must and concentrated grape must intended for the preparation of grape juice.

2. Authorised oenological practices and processes may only be used for the purposes of ensuring proper vinification, proper preservation or a proper refinement of the product.

3. Authorised oenological practices and processes shall exclude the addition of water, except where required by specific technical necessity, as well as the addition of alcohol, except for fresh grape must with fermentation arrested by the addition of alcohol, liqueur wine, sparkling wine, wine fortified for distillation and, in conditions to be determined, semi-sparkling wine.

4. Member States may, in respect of oenological practices and processes, impose stricter conditions to ensure the preservation of the essential characteristics of quality wines psr, table wines which are described by a geographical indication and are produced in their territory, sparkling wines and liqueur wines. They shall communicate these conditions to the Commission, which shall bring them to the attention of the other Member States.

5. Except where otherwise decided, only grapes belonging to varieties listed in the classification established in accordance with Article 19 as wine grape varieties, or products derived therefrom, may be used in the Community for the manufacture of:

(a) grape must with fermentation arrested by the addition of alcohol;

(b) concentrated grape must;

(c) rectified concentrated grape must;

(d) wine suitable for yielding table wine;

(e) table wine;

(f) quality wines psr;

(g) liqueur wine;

(h) grape must in fermentation, extracted from raisined grapes;

(i) wine from over-ripened grapes.

6. Coupage of a wine suitable for yielding a white table wine or of a white table wine with a wine suitable for yielding a red table wine or with a red table wine may not yield a table wine.

However, this provision shall not prevent, in certain cases to be determined, such a coupage as referred to in the first subparagraph, provided that the resultant product has the characteristics of a red table wine.

By way of derogation from the first subparagraph, such a coupage shall be permitted until 31 July 2005, in areas where such a practice was traditional, in accordance with detailed rules to be laid down.

Article 43 U.K.

1. The authorised oenological practices and processes are set out in Annex IV and Annex V.

2. In particular:

• authorised oenological practices and processes concerning enrichment, acidification, deacidification and sweetening, and rules concerning sulphur dioxide content and maximum volatile acid content, are set out in Annex V, points A to G,

• authorised oenological practices and processes and rules concerning the production of sparkling wine and quality sparkling wine are set out in points H and I of Annex V,

• authorised oenological practices and processes and rules concerning the production of liqueur wine are set out in point J of Annex V.

Article 44 U.K.

[F1 1. Of the products falling within CN codes 2204 10 , 2204 21 and 2204 29 , only liqueur wines, sparkling wines, aerated sparkling wines, semi-sparkling wines, aerated semi-sparkling wines, quality wines psr, table wines, wines obtained from over-ripened grapes and where appropriate, notwithstanding Article 45, legally imported wines may be offered or delivered for direct human consumption within the Community.]

2. Except for bottled wine in respect of which there is evidence that bottling was performed prior to 1 September 1971, wine other than quality wine psr obtained from the vine varieties referred to in Article 42(5) but not corresponding to the definitions contained in items 12 to 18 of Annex I may be used only for consumption by individual wine-producers' families, for the production of wine vinegar or for distillation.

3. In years when climatic conditions have been unfavourable, it may be decided that products from wine-growing zones A and B which do not possess the minimum natural alcoholic strength by volume laid down for the wine-growing zone in question may be used in the Community for the production of sparkling wine and aerated sparkling wine, provided that such wines have an actual alcholic strength by volume of not less than 8,5 % vol, or for the production of aerated semi-sparkling wine. In that event, they shall be enriched subject to the limits referred to in paragraph 5 of point D of Annex V.

4. Without prejudice to any more restrictive provisions which Member States apply with respect to this preparation in their territory of products not falling within CN codes 2204 10, 2204 21 and 2204 29, fresh grape must with fermentation arrested by the addition of alcohol may be used only in the preparation of such products.

5. Grape juice and concentrated grape juice originating in the Community may not be made into wine or added to wine. These products shall be subject to control with respect to their use. They may not undergo alcoholic fermentation in the territory of the Community.

6. The provisions of paragraphs 4 and 5 shall not apply to products intended for the production, in the United Kingdom[F2 ,] Ireland [F3 and Poland], of products falling within CN code 2206 00 for which, pursuant to Annex VII, paragraph 2 of point C, Member States may allow the use of a composite name including the word ‘wine’.

7. Wine suitable for yielding table wine which does not reach the minimum actual alcoholic strength by volume for table wines may not be put into circulation except for the production of sparkling wine, vinegar making, distillation and other industrial uses. The enrichment of such wine and coupage thereof with a table wine in order to bring its actual alcoholic strength by volume up to the level laid down for a table wine may take place only on the premises of the wine-maker or on his behalf.

8. With the exception of alcohol, spirits and piquette, neither wine nor any other beverage intended for direct human consumption may be made from wine lees or grape marc.

9. Piquette, where its production is authorised by the Member State concerned, may be used only for distillation or for consumption in the families of individual wine-growers.

10. Wine fortified for distillation may only be used for distillation.

11. Grape must in fermentation, extracted from raisined grapes, may be put on the market only for the manufacture of liqueur wines only in the wine-growing regions where this usage was traditional on 1 January 1985, and wine of overripe grapes.

12. Fresh grapes, grape must, grape must in fermentation, concentrated grape must, rectified concentrated grape must, grape must with fermentation arrested by the additional of alcohol, grape juice and concentrated grape juice originating in third countries may not be turned into wine or added to wine in the territory of the Community.

13. The products referred to in paragraph 12 may not undergo alcoholic fermentation within the territory of the Community. This provision shall not apply to products intended for the production in the United Kingdom[F2 ,] Ireland [F3 and Poland] of products falling within CN code 2206 00 for which, pursuant to Annex VII, paragraph 2 of point C, Member States may allow the use of a composite name including the word ‘wine’.

14. Coupage of a wine originating in a third country with a Community wine and coupage in the geographical territory of the Community between wines originating in third countries shall be prohibited.

15. The Council may derogate from paragraph 12, the first sentence of paragraph 13 and paragraph 14, in accordance with the international obligations of the Community.

Textual Amendments

F1 Substituted by Council Regulation (EC) No 2585/2001 of 19 December 2001 amending Regulation (EC) No 1493/1999 on the common organisation of the market in wine.

F2 Substituted by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.

F3 Inserted by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.

Article 45 U.K.

1. Except by way of derogation, the following products may not be offered or disposed of for direct human consumption:

(a) products falling within CN codes 2204 30 10, 2204 21, 2204 29 and 2204 10, whether imported or not, which have undergone oenological practices not authorised by Community rules or, where this is permitted, by national rules;

(b) products as referred to in Article 1(2)(a), (b) and (c) which are not of sound and fair merchantable quality;

(c) products as referred to in Article 1(2) which do not comply with the definitions shown in Annex I.

2. The derogations referred to in paragraph 1 for imported products shall be adopted in accordance with the procedure laid down in Article 133 of the Treaty.

Article 46 U.K.

1. Detailed rules for the application of this Chapter, and Annexes IV and V, shall be adopted in accordance with the procedure laid down in Article 75.

These rules shall, in particular, provide for:

(a) in respect of point A of Annex V, transitional measures concerning wines produced before 1 September 1986 and amendments to the lists of wines in paragraph 2;

(b) in respect of Annexes IV and V, the limits and certain conditions for the use of the oenological practices and processes referred to in those Annexes, with the exception of limits and conditions fixed in those Annexes;

(c) the decisions, exceptions, derogations, conditions and lists referred to in this Chapter and Annex V;

(d) the application of points C to G of Annex V to products harvested in Community regions not included within the wine-growing zones specified in Annex III;

(e) in respect of point J of Annex V, the lists referred to in paragraphs 2(b) and 6 thereof, the derogations referred to in paragraph 4(b) and the declaration and registration procedure referred to in paragraph 6.

2. The following rules shall be adopted according to the procedure laid down in Article 75:

(a) the rules governing the comparison between certain oenological practices and processes applied in third countries and those referred to in Article 43(1) and Annex IV;

(b) provisions regulating the blending and coupage of musts and wines;

(c) the purity and identification specification of substances used in oenological practices;

(d) administrative rules for carrying out the oenological practices and processes authorised; these rules may provide that certain oenological practices and processes may only be carried out under the supervision of a person recognised by the Member State who possesses sufficient knowledge to guarantee the quality, hygiene and healthiness of the product;

(e) the conditions governing holding and circulation, the use of products as referred to in Article 45 or lists of products excepted from the requirements of that Article, and the establishment of criteria for the purpose of avoiding hardship in individual cases, the conditions under which Member States may authorise the holding, circulation and use of products not complying with the provisions of this Regulation other than those referred to in Article 45(1), or with provisions adopted pursuant to this Regulation;

(f) the general rules for the experimental use of otherwise unauthorised oenological practices and processes.

3. The methods of analysis for determining the composition of the products covered by this Regulation and the rules whereby it may be established whether these products have undergone processes contrary to authorised oenological practices shall be adopted in accordance with the procedure laid down in Article 75.

Using the same procedure there shall be adopted, if required, maximum figures for substances whose presence indicates that certain oenological practices have been used, and comparative analysis tables.

However, where no provision is made for Community methods of analysis or for the rules referred to in the first subparagraph for the detection and quantification of substances sought in the product in question, the methods of analysis to be used shall be:

(a) those recognised by the General Assembly of the International Vine and Wine Office (IWO) and published by that Office, or

(b) where an appropriate method of analysis does not appear among those referred to in point (a), a method of analysis complying with the standards recommended by the International Organisation for Standardisation (ISO), or

(c) in the absence of either of the methods referred to in points (a) and (b) and by reason of its accuracy, repeatability and reproducibility:

(i)

a method of analysis allowed by the Member State concerned, or

(ii)

if necessary, any other appropriate method of analysis.

Automatic methods of analysis used instead of a Community method of analysis shall be considered equivalent to the Community methods of analysis referred to in the first subparagraph, provided it is established, under the procedure laid down in Article 75, that the results obtained are, as to their accuracy, repeatability and reproducibility, at least equal to the results obtained by the corresponding Community method.

CHAPTER II U.K. DISCRIPTION, DESIGNATION, PRESENTATION AND PROTECTION OF CERTAIN PRODUCTS

Article 47 U.K.

1. Rules relating to the description, designation and presentation of certain products covered by this Regulation, and the protection of certain particulars and terms are set out in this Chapter and in Annexes VII and VIII. The rules shall take into account, in particular, the following objectives:

(a) the protection of the legitimate interests of consumers;

(b) the protection of the legitimate interests of producers;

(c) the smooth operation of the internal market:

(d) the promotion of the production of quality products.

2. The rules mentioned in paragraph 1 shall include, in particular, provisions:

(a) making the use of certain terms compulsory;

(b) permitting the use of certain terms, subject to conditions;

(c) permitting the use of other terms, including information which may be useful for consumers;

(d) governing protection and control arrangements for certain terms;

(e) governing the use of geographical indications and traditional terms;

(f) governing the labelling of products which are imported or, where authorised under this Regulation, made from those products, in order to ensure that the consumers are aware of the nature of the product concerned and that the latter is not labelled as a Community product or as the product of a Member State.

3. The rules referred to in paragraph 1 shall apply to the description of the products there indicated:

(a) on labels;

(b) in registers and in the accompanying and other documents prescribed by Community legilsation, hereinafter called ‘official documents’, other than customs documents;

(c) in commercial documents, particularly in invoices and delivery notes;

(d) in advertising material in so far as special provision is made for such purpose in this Regulation.

4. The rules referred to in paragraph 1 shall apply to the presentation of the products there indicated in respect of:

(a) containers, including the closure;

(b) labelling;

(c) packaging.

5. The rules referred to in paragraph 1 shall apply to products held for sale and to products put on the market.

Article 48 U.K.

The description and presentation of the products referred to in this Regulation, and any form of advertising for such products, must not be incorrect or likely to cause confusion or to mislead the persons to whom they are addressed, particularly as regards:

• the information provided for in Article 47. This shall apply even if the information is used in translation or with a reference to the actual provenance or with additions such as ‘kind’, ‘type’, ‘style’, ‘imitation’, ‘brand’ or the like;

• the characteristics of the products, and in particular, their nature, composition, alcoholic strength by volume, colour, origin or provenance, quality, the vine variety, vintage year or nominal volume of the containers,

• the identity and status of the natural or legal persons or group of persons who have been or are involved in the production or distribution of the product in question, in particular the bottler.

Article 49 U.K.

1. Products whose description or presentation does not conform to the provisions of this Regulation or the detailed rules adopted for its implementation may not be held for sale or put on the market in the Community or exported.

However, in the case of products intended for export, derogations from the provisions of this Regulation may:

• be authorised by the Member States where the legislation of the importing third country so requires,

• be provided for in the implementing provisions in cases not covered by the first indent.

2. The Member State on whose territory the product whose description or presentation does not conform to the provisions referred to in paragraph 1 is located shall take the necessary steps to impose penalties in respect of infringements committed, according to their gravity.

The Member State may, however, grant an authorisation for the product to be held for sale, put on the market in the Community or exported, provided that its description or presentation is changed to conform to the provisions referred to in paragraph 1.

Article 50 U.K.

1. Member States shall take all necessary measures to enable interested parties to prevent, on the terms set out in Articles 23 and 24 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, the use in the Community of a geographical indication attached to the products referred to in Article 1(2)(b) for products not originating in the place indicated by the geographical indication in question, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as ‘kind’, ‘type’, ‘style’, ‘imitation’ or the like.

2. For the purposes of this Article, ‘geographical indications’ is taken to mean indications which identify a product as originating in the territory of a third country which is a member of the World Trade Organisation or in a region or locality within that territory, in cases where a certain quality, reputation or other given characteristic of the product may be attributed essentially to that geographical place of origin.

3. Paragraphs 1 and 2 shall apply notwithstanding other specific provisions in Community legislation laying down rules for the designation and presentation of the products covered by this Regulation.

Article 51 U.K.

1. For the purposes of applying this Title, a ‘geographical unit which is smaller than the Member State’, shall be taken to mean the name of:

• a small locality or group of such localities,

• a local administrative area or part thereof,

• a wine-growing subregion or part thereof,

• a region other than a specified region.

2. The use of a geographical indication to designate table wines resulting from the coupage of wines from grapes harvested in different wine-growing areas shall be permitted if at least 85 % of the table wine resulting from the coupage originates in the wine-growing area whose name it bears.

However, the use, to describe white table wines, of a geographical indication relating to a wine-growing area situated within wine-growing zone A or wine-growing zone B shall be permitted only if the products comprising the blend are from the wine-growing zones in question or if the wine in question is a blend of table wines from wine-growing zone A and table wines from wine-growing zone B.

3. Member States may make the use of a geographical indication for designating a table wine conditional, in particular, on the wine having been produced wholly from certain clearly specified vine varieties and coming exclusively from the territory, precisely demarcated, whose name it bears.

Article 52 U.K.

1. If a Member State uses the name of a specified region to designate a quality wine psr or, where appropriate, a wine intended for processing into such a quality wine psr, that name may not be used to designate products of the wine sector not produced in that region and/or products not designated by the name in accordance with the provisions of the relevant Community and national rules. This shall also apply if a Member State has used the name of a local administrative area or part thereof or a small locality solely to designate a quality wine psr or, where appropriate, a wine intended for processing into such a quality wine psr.

Without prejudice to the Community provisions concerning specific types of quality wine psr, Member States may, in the case of certain conditions of production which they shall determine, authorise the name of a specified region to be accompanied by details relating to the method of manufacture or the type or by the name of a vine variety or a synonym thereof.

Notwithstanding the first subparagraph, the Council, acting by a qualified majority on a proposal from the Commission may decide, until 31 August 2001, to allow certain geographical names traditionally used to designate a table wine and which have become the name of a given region to continue to be used also to designate table wines for a maximum of three wine years.

2. The following names and terms:

• the name of a vine variety,

• a traditional specific term referred to in the fourth sub-indent, second indent, of point A 2(c) of Annex VII, or in the second indent of point D 2(c) of Annex VIII, or

• an additional traditional term referred to in the fifth indent of point B 1(b) of Annex VII, provided that it is attributed by a Member State for the description of a wine under Community provisions,

may be used for the description, presentation and advertising of a beverage other than a wine or grape must only if there is no risk of confusion as to the nature, origin or source and composition of such beverage.

3. The use of a name or a term as referred to in point 2 or of the words ‘Hock’, ‘Claret’, ‘Liebfrauenmilch’ and ‘Liebfraumilch’,even when accompanied by a word such as ‘kind’, ‘type’, ‘style’, ‘imitation’ or other similar expression, shall be prohibited with respect to the description and presentation of:

• an item covered by CN code 2206, except where the item in question actually comes from the place so designated,

• an item marketed with clear instructions for the consumer to obtain from it a beverage in imitation of wine (home-made wine); however, the name of a vine variety may be used if the item in question is actually obtained from such variety unless that name gives rise to confusion with the name of a specific region or geographically unit used to describe a quality wine psr.

4. The names:

• of a given region,

• of a geographical unit smaller than the given region, provided that that name has been attributed by a Member State for the description of a wine by virtue of Community provisions,

may only be used for the description, presentation or advertising of a beverage other than wine or grape must on condition:

(a)

in respect of products covered by CN codes 2009, 2202, 2205, 2206, 2207, 2208 and 2209, and in respect of products made from a raw material for producing wine, that the above names and terms are recognised in the Member State of origin of the product and that that recognition complies with Community law;

(b)

in respect of beverages other than those referred to in point (a), that there is no risk of confusion as to the nature, origin or source and composition of such bevarage.

However, even if the recognition referred to in point (a) has not taken place, those names may continue to be used until 31 December 2000 provided that there is compliance with point (b).

Article 53 U.K.

1. The detailed rules for the implementation of this Chapter and Annexes VII and VIII shall be adopted in accordance with the procedure laid down in Article 75. The rules shall govern in particular the derogations, conditions and authorisations provided for in those Annexes.

2. The following provisions shall be adopted in accordance with the procedure laid down in Article 75:

(a) the indications, signs and other marks referred to in the introductory part of Annex VII, or in paragraph 2 of point A of Annex VIII;

(b) the list of traditional specific terms referred to in the fourth sub-indent of the second indent of paragraph 2(c) of point A of Annex VII, or referred to in the second indent of paragraph 2(c) of point B of Annex VIII;

(c) the conditions for using the geographical indications referred to in paragraph 2 of point A of Annex VII;

(d) the particulars referred to in paragraph 4 of point A of Annex VII;

(e) the conditions for using the particulars referred to in paragraph 1 of point B of Annex VII, and the circumstances for using the particulars referred to in paragraph 3 of point B of Annex VII;

(f) the particulars referred to in paragraph 2 of point B of Annex VII, and the conditions under which they are used;

(g) the extent to which and the conditions under which the provisions of Annex VII are applied to products covered by this Regulation which are not referred to in paragraph 1 of point A of Annex VII or in Annex VIII, in particular grape must, partially fermented grape must, concentrated grape must, new wine still in fermentation and wine of overripe grapes, produced in the Community;

(h) the conditions under which products are packed and transported in containers and their use and making, including in respect of containers for making and storing sparkling wine;

(i) the giving, where appropriate, of the names of geographical units referred to in the second indent of paragraph 1 of point E of Annex VIII;

(j) the compulsory and optional particulars to be included in registers and in official and commercial documents;

(k) the detailed arrangements referred to respectively in paragraphs 2 and 5 of point G of Annex VIII;

(l) the detailed arrangements and derogating provisions referred to in paragraph 6 of point I of Annex VIII.