IP/02/648
Brussels, 2 May 2002
Clearer wine labelling rules adopted
The European Commission adopted new rules for the labelling of wine. The
rules lay down what information must be shown on labels from 1 January
2003, such as alcoholic strength, lot number or the name of the bottler. In
addition, the use of certain optional terms, such as production methods,
traditional expressions, names of the vineyard or the vintage year is
regulated. This decision also introduces arrangements for the protection of
traditional expressions used to describe wine, including the language in
which the terms are used. ‘Vintage’ is for example only reserved as regards
its use for liqueur wines, but there is no restruction on its use for ordinary
still wines. The rules distinguish between traditional expressions that fulfil a
set of specifications and traditional expressions relating a wine to a certain
geographical indication1. Provisions applying to third country wines
marketed in the EU are also outlined. The decision harmonises disparate
approaches across the EU which existed for different types of wine. Now the
same labelling approach will apply for all wines and wine products.
"This comprehensive labelling system means that producers will better inform
consumers about the wine they are buying. This decision is a cornerstone to better
protection of consumers' and producers' interests, to ensure the smooth operation of
the internal market and to promote quality wine”, said Franz Fischler, European
Commissioner for Agriculture, Rural Development and Fisheries.
This regulation lays down rules for applying the basic regulation 2as to the
description, designation, presentation and protection of certain products.3
Obligatory terms
The basic regulation lays down the obligatory terms such as the sales designation,
volume, alcoholic strength, lot number and names of bottler and/or consignor and/or
importer. The new regulation adopts certain details of their use, notably on the
indication of the alcoholic strength, including tolerances, where the status quo is
maintained.
1
See also IP/02/422 “Commission proposes better protection for geographical names”
2
Regulation (EC) No 1493/1999 of 17 May 1999, Official Journal L 179 of 14.07.1999 (the
basic regulation)
3
See Titel V, Chapter II and Annexex VII and VIII of the basic regulation
Optional but regulated terms
Again the basic regulation stipulates these terms. Some terms may be used for all
wines, for instance names of those involved in the commercial chain, the type of
product (dry, sweet, etc;) and a particular colour beyond the usual red/white/rosé
classification.
Terms concerning the vintage year, the vine variety, awards and medals, production
methods, traditional expressions, names of vineyards and places of bottling are
however reserved for wines with a geographical indication. The Commission
regulation now lays down the detailed rules concerning the use of these terms.
In some cases, it provides for harmonised EU rules. So for the type of product there
are binding sugar levels which are applicable equally to all wines, EU wines and
imported ones. Responsibility for the regulation of other terms is passed to the
country where the wine was produced, whether it concerns an EU Member State or
a third country.
“Free” terms
Terms which do not fall under either the obligatory or optional but regulated
categories may be added on the label, providing they do not mislead consumers.
Traditional Expressions (TEs)
To prevent misuse and in the interests of fair competition, consumer protection and
market transparency, traditional expressions4 are reserved for the wines concerned.
Some TEs are considered to be so closely linked to a geographical origin as to meet
the TRIPs5 definition of a Geographical Indication (GI). Therefore the regulation
provides for exclusive protection for these terms subject to the TRIPs disciplines.
The new approach on traditional expressions continues to provide protection for
Community TEs on the EU market. It also ensures that the protection of TEs is
homogenous for all types of wine, based on objective criteria set out in the
legislation. The protection only extends to the terms listed in the Annex of the
regulation, covers the original language version and so not translations and only
extends against use for the type of wine concerned. Hence ‘vintage’ is for example
only reserved as regards it use for liqueur wines but not as regards it use for ordinary
still wines. Further, there is a saving for all pre-existing trademarks applicable in EU
territory.
Examples of these traditional expressions are Ruby, Tawny or Vintage for “Port”
from Portugal and Amarone for "Valpolicella" or Gutturnio for "Colli Piacentini" or
Lacryma Christi for "Vesuvio" from Italy.
4
5
A traditional expression (TE) is a term used to designate wines (which might be a
production or ageing method, a colour, a quality etc.) which has three key characteristics :
 a legislative, simple and precise definition
 a traditional use (minimum 10 years ) on the EC market and
 a notoriety in the mind of the consumer resulting from that definition and tradional
use
The World Trade Organisation (WTO) Agreement on the Trade-Related Aspects of
Intellectual
Property Rights (TRIPs) requires all WTO Members to respect a
comprehensive set of minimum standards of protection for IRPs (Intellectual Property
Rights). It also covers their enforcement.
2
Third country wines and Geographical Indications (GIs)
In the context of third country wines, the regulation provides national treatment. In
this way, third country wines with a GI are treated the same as EU wines with a GI.
In terms of the use of the GI, the rules ensure full compliance with our TRIPs
obligations. For WTO members GIs may be used if they meet the TRIPs definition.
Also the use of homonymous GIs is permitted, in accordance with the TRIPs
commitments.
Bottle shapes
The regulation reserves certain bottle shapes for certain types of wine, such as the
German "Bocksbeutel" bottle or the French "Flute d'Alsace".
Background
As part of the implementation of Agenda 2000, a new common market organisation
for wine was established in 1999. The basic regulation aims to maintain a better
balance between supply and demand on the Community market, allowing producers
to take advantage of expanding markets and enable the sector to become more
competitive in the longer term. It applies to fresh grapes other than table grapes,
grape juice and musts, wine of fresh grapes (including sparkling wines, liqueur wines
and semi-sparkling wines), wine vinegar, piquette, wine lees and grape must. It lays
down the principles of the EU wine labelling rules in Title V, Chapter II and in
Annexes VII and VIII but leaves a large number of implementing provisions to be
adopted by the Commission. The new labelling Commission regulation is the ninth
and final implementing regulation, itself repealing and replacing four existing
Commission regulations.
3