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Commission Delegated Regulation (EU) 2019/33Show full title

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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Article 46W+S+N.I.Indication of the bottler, producer, importer and vendor

1.For the purposes of the application of Article 119(1)(e) and (f) of Regulation (EU) No 1308/2013 and of this Article:

(a)‘bottler’ means a natural or legal person or a group of such persons established in the [F1United Kingdom] and carrying out bottling or having bottling carried out on their behalf [F2, but for the purposes of paragraph 4, until (and including) [F331 December 2023], the bottler may be established in the European Union];

(b)‘bottling’ means putting the product concerned in containers of a capacity not exceeding 60 litres for subsequent sale;

(c)‘producer’ means a natural or legal person or a group of such persons by whom or on whose behalf the processing of the grapes or of the grape musts into wine or the processing of grape must or wine into sparkling wines, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wines is carried out;

(d)‘importer’ means a natural or legal person or group of such persons established in the [F4United Kingdom or, until (and including) [F531 December 2023], in the European Union] assuming responsibility for bringing into circulation [F6chargeable goods within the meaning given by section 2 of the Taxation (Cross-border Trade) Act 2018];

(e)‘vendor’ means a natural or legal person or a group of such persons, not covered by the definition of producer, purchasing and then putting sparkling wines, aerated sparkling wines, quality sparkling wines or quality aromatic sparkling wines into circulation;

(f)‘address’ means the indications of the local administrative area and the F7... country in which the premises or head office of the bottler, producer, vendor or importer is situated.

2.The name and address of the bottler shall be supplemented either:

(a)by the words ‘bottler’ or ‘bottled by (…)’, which may be supplemented by terms referring to the producer's holding, or

(b)F8... where bottling of grapevine products with protected designation of origin or geographical indication takes place:

(i)

on the producer's holding, or

(ii)

on the premises of a producer group, or

(iii)

in an enterprise located in the demarcated geographical area or in the immediate proximity of the demarcated geographical area [F9concerned,

by any term authorised by the appropriate authority under legislation that prescribes the conditions under which any such term may be used, provided that the term is used in accordance with any such conditions.]

In case of contract bottling, the indication of the bottler shall be supplemented by the words ‘bottled for (…)’ or, where the name, address of the person who has carried out the bottling on behalf of a third party are indicated, by the words ‘bottled for (…) by (…)’.

Where bottling takes place in another place than that of the bottler, the particulars referred to in this paragraph shall be accompanied by a reference to the exact place where the operation took place and, if it is carried out in another [F10country, the name of that country]. These requirements do not apply where bottling is carried out in a place of immediate proximity to that of the bottler.

In case of containers other than bottles, the words ‘packager’ and ‘packaged by (…)’ shall replace the words ‘bottler’ and ‘bottled by (…)’ respectivelyF11....

3.The name and address of the producer or vendor shall be supplemented by the terms ‘producer’ or ‘produced by’ and ‘vendor’ or ‘sold by’, or equivalent.

[F12Nothing in this Regulation prevents the appropriate authority from making legislation to]:

(a)make it compulsory to identify the producer;

(b)to authorise the replacement of the words ‘producer’ or ‘produced by’ by the words listed in Annex II.

4.The name and address of the importer shall be preceded by the words ‘importer’ or ‘imported by (…)’. For grapevine products imported in bulk and bottled in the [F13United Kingdom], the name of the importer may be replaced or supplemented by the indication of the bottler, in accordance with paragraph [F141(a) and] 2.

5.The indications referred to in paragraphs 2, 3 and 4 may be grouped together if they concern the same natural or legal person.

One of these indications may be replaced by a code [F15, if specified in legislation]. The code shall be supplemented by a reference to the [F16country in which the bottler, producer, importer or vendor has its head office]. The name and address of another natural or legal person involved in the commercial distribution other than the bottler, producer, importer or vendor indicated by a code shall also appear on the wine label of the product concerned.

6.Where the name or the address of the bottler, producer, importer or vendor consists of or contains a protected designation of origin or geographical indication, it shall appear on the label:

(a)in characters which are no more than half the size of those used either for the protected designation of origin or geographical indications or for the designation of the category of the grapevine product concerned; or

(b)by using a code as provided for in the second subparagraph of paragraph 5.

F17...

Extent Information

E1This version of this provision applies to Wales, Scotland and Northern Ireland only; a separate version has been created for England only

Textual Amendments

Article 46EIndication of the bottler, producerF18... and vendor

1.For the purposes of the application of Article 119(1)(e) F19... of Regulation (EU) No 1308/2013 and of this Article:

(a)‘bottler’ means a natural or legal person or a group of such persons established in the [F20United Kingdom] and carrying out bottling or having bottling carried out on their behalf F21...;

(b)‘bottling’ means putting the product concerned in containers of a capacity not exceeding 60 litres for subsequent sale;

(c)‘producer’ means a natural or legal person or a group of such persons by whom or on whose behalf the processing of the grapes or of the grape musts into wine or the processing of grape must or wine into sparkling wines, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wines is carried out;

F22(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)‘vendor’ means a natural or legal person or a group of such persons, not covered by the definition of producer, purchasing and then putting sparkling wines, aerated sparkling wines, quality sparkling wines or quality aromatic sparkling wines into circulation;

(f)‘address’ means the indications of the local administrative area and the F23... country in which the premises or head office of the bottler, producer [F24or vendor] is situated.

2.The name and address of the bottler shall be supplemented either:

(a)by the words ‘bottler’ or ‘bottled by (…)’, which may be supplemented by terms referring to the producer's holding, or

(b)F25... where bottling of grapevine products with protected designation of origin or geographical indication takes place:

(i)

on the producer's holding, or

(ii)

on the premises of a producer group, or

(iii)

in an enterprise located in the demarcated geographical area or in the immediate proximity of the demarcated geographical area [F26concerned,

by any term authorised by the appropriate authority under legislation that prescribes the conditions under which any such term may be used, provided that the term is used in accordance with any such conditions.]

In case of contract bottling, the indication of the bottler shall be supplemented by the words ‘bottled for (…)’ or, where the name, address of the person who has carried out the bottling on behalf of a third party are indicated, by the words ‘bottled for (…) by (…)’.

Where bottling takes place in another place than that of the bottler, the particulars referred to in this paragraph shall be accompanied by a reference to the exact place where the operation took place and, if it is carried out in another [F27country, the name of that country]. These requirements do not apply where bottling is carried out in a place of immediate proximity to that of the bottler.

In case of containers other than bottles, the words ‘packager’ and ‘packaged by (…)’ shall replace the words ‘bottler’ and ‘bottled by (…)’ respectivelyF28....

3.The name and address of the producer or vendor shall be supplemented by the terms ‘producer’ or ‘produced by’ and ‘vendor’ or ‘sold by’, or equivalent.

[F29Nothing in this Regulation prevents the appropriate authority from making legislation to]:

(a)make it compulsory to identify the producer;

(b)to authorise the replacement of the words ‘producer’ or ‘produced by’ by the words listed in Annex II.

F304.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.The indications referred to in paragraphs [F312 and 3] may be grouped together if they concern the same natural or legal person.

One of these indications may be replaced by a code [F32, if specified in legislation]. The code shall be supplemented by a reference to the [F33country in which the bottler, producerF34... or vendor has its head office]. The name and address of another natural or legal person involved in the commercial distribution other than the bottler, producerF34... or vendor indicated by a code shall also appear on the wine label of the product concerned.

6.Where the name or the address of the bottler, producerF35... or vendor consists of or contains a protected designation of origin or geographical indication, it shall appear on the label:

(a)in characters which are no more than half the size of those used either for the protected designation of origin or geographical indications or for the designation of the category of the grapevine product concerned; or

(b)by using a code as provided for in the second subparagraph of paragraph 5.

F36...

Extent Information

E2This version of this provision applies to England only; a separate version has been created for Wales, Scotland and Northern Ireland only

Textual Amendments

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