Legal provisions of COM(1995)744-1 - Amendment of Regulation (EEC) No 823/87 laying down special provisions relating to quality wines produced in specified regions

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dossier COM(1995)744-1 - Amendment of Regulation (EEC) No 823/87 laying down special provisions relating to quality wines produced in specified ...
document COM(1995)744 EN
date June 26, 1996


Contents

Article 1

Regulation (EEC) No 823/87 is hereby amended as follows:

1. the following indents shall be added to Article 15 (2) (a):

'- 'Qualitätswein garantierten Ursprungs',

- 'Qualitätschaumwein garantierten Ursprungs';`

2. in Article 15 (3) second subparagraph, the following indent shall be added:

'- 'Manzanilla',`;

3. the third subparagraph of Article 15 (4) shall be replaced by the following:

'Notwithstanding the first subparagraph, the Council, acting by a qualified majority on a proposal from the Commission, may decide up to 31 August 2001, to authorize that certain geographical names traditionally used to describe a table wine which have become the name of a specified region may continue to be used also to describe table wines for a period of at most three wine years.`;

4. the first subparagraph of Article 15 (5) shall be replaced by:

'5. The following names and terms:

- the name of a vine variety as referred to in Article 4,

- a traditional specific term referred to in paragraph 2,

or

- an additional traditional term, provided that it is attributed by a Member State for the description of a wine under the Community provisions adopted pursuant to Article 72 (1) of Regulation (EEC) No 822/87

may not be used for the description, presentation and advertising of a beverage other than a wine or grape must unless there is no risk of confusion as to the nature, origin or source and composition of such beverage.

The use of a name or a term as referred to in the first subparagraph or of the words 'Hock', 'Claret', 'Liebfrauenmilch' and 'Liebraumilch', even when accompanied by any word such as 'kind', 'type', 'style', 'imitation' or other similar expression, shall be prohibited with respect to the description and presentation of:

- an item falling within Code CN 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 the name gives rise to confusion with the name of a specified region or geographical unit used to describe a quality wine psr.

The names:

- of a specified region as referred to in Article 3 included on the list drawn up pursuant to Article 1, third paragraph,

- of a geographical unit which is smaller than the specified region, provided that this name is attributed by a Member State for the description of a wine under the Community provisions adopted pursuant to Article 72 (1) of Regulation (EEC) No 822/87

may not be used for the description, presentation and advertising of a beverage other than a wine or grape must unless:

(a) in respect of products covered by codes CN 2009, 2202, 2205, 2206, 2207, 2208 and 2209, and products made from wine-sector raw materials but not referred to in Article 1 (2) of Regulation (EEC) No 822/87, the above names and terms are recognized in the Member State of origin of the product and unless such recognition is compatible with Community law;

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

The recognition referred to in point (a) of the third subparagraph must be given by 31 December 1999 at the latest; before that date and until such time as recognition is given, the product concerned shall continue to be subject to the rule referred to in point (b) of the third subparagraph.`

Article 2

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.


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