Aromatised wine products: definition, description, presentation, labelling, and protection of geographical indications
PURPOSE: to lay down rules on the definition, description, presentation and labelling of aromatised wine products as well as on the protection of geographical indications of aromatised wine products.
LEGISLATIVE ACT: Regulation (EU) n° 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91.
CONTENT: the measures applicable to aromatised wine products should contribute to the attainment of a high level of consumer protection, the prevention of deceptive practices and the attainment of market transparency and fair competition.
They must safeguard the reputation that the Union’s aromatised wine products have achieved in the internal market and on the world market.
This Regulation on aromatised wine products repeals Council Regulation (EEC) No 1601/91 and aims to:
· simplify the existing rules for the production, description, presentation and labelling of aromatised wine products and provide the consumer with better and clearer information;
· align the existing rules on geographical indications for aromatised wine products to those applicable for wine (regulation No 1308/2013 establishing a common organisation of the markets in agricultural products) in line with the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS);
· align the powers conferred upon the Commission to the delegated and implementing acts procedures under Articles 290 (delegated acts) and 291 (implementing acts) of the TFEU.
The Regulation applies to all aromatised wine products placed on the market in the Union, whether produced in the Member States or in third countries as well as to those produced in the Union for export.
In terms of the Regulation, aromatised wine products are products obtained from products of the wine sector as referred to in Regulation (EU) No 1308/2013 that have been flavoured. They are classified into the following categories: (a) aromatised wines; (b) aromatised wine-based drinks; (c) aromatised wine-product cocktails.
To ensure transparency in Union law governing aromatised wine products, the Regulation clearly defines the products covered by that law, the criteria for the production, description, presentation and labelling of aromatised wine products and in particular, the sales denomination. Specific rules on the voluntary indication of the provenance supplementing those laid down in Regulation (EU) No 1169/2011 should also be laid down. It also lays down a procedure for the registration, compliance, alteration and possible cancellation of third country and Union geographical indications.
With a view to facilitating consumers’ understanding, the Regulation supplements the sales denominations laid down in the Regulation with the customary name of the product within the meaning of Regulation (EU) No 1169/2011.
To be eligible for a geographical indication protected under this Regulation a product shall comply with the corresponding product specification, which includes an indication of the main raw material from which the aromatised wine product is obtained.
The Regulation stresses that the ethyl alcohol used for the production of aromatised wine products should be exclusively of agricultural origin, so as to meet consumer expectations and conform to traditional quality practices.
ENTRY INTO FORCE: 27.03.2014.
DELEGATED ACTS: the Commission may adopt delegated acts in respect of the establishment of production processes, criteria for the demarcation of geographical areas, the conditions to be complied with in respect of an application for the protection of a geographical indication, the necessary amendments in the definitions, requirements, restrictions, sales denominations and designations and rules for exchange of information.
The power to adopt such acts is conferred on the Commission for a period of five years from 27 Match 2014.
The European Parliament or the Council may raise objections with regard to a delegated act within two months of the date of notification (which may be extended by two months). If Parliament or Council raise objections, the delegated act will not enter into force.