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

CHAPTER I

INTRODUCTORY PROVISION

Article 1

Subject matter

This Regulation lays down rules supplementing Regulation (EU) No 1308/2013 concerning:

(a) as regards protected designations of origin and protected geographical indications in the wine sector: (i) name to be protected; (ii) additional requirements for product specifications; (iii) derogations concerning production in the demarcated geographical area; (iv) derogations from the obligation to use ‘indications’ on labels;

(b) as regards traditional terms in the wine sector: (i) applications for protection; (ii) the objection procedure; (iii) modifications; (iv) cancellation;

(c) as regards the wine sector in general: labelling and presentation.

CHAPTER II

PROTECTED DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS

SECTION 1

Application for protection

Article 2

Name to be protected

Article 4

Additional requirements for product specifications

Article 5

Derogations concerning production in the demarcated geographical area

By way of derogation from Article 93(1), points (a)(iv) and (b)(iv), of Regulation (EU) No 1308/2013, and on condition that the product specification so provides, a product which has a protected designation of origin or geographical indication may be made into wine in any of the following locations:

(a) in an area in the immediate proximity of the demarcated area in question;

(b) in an area located within the same administrative unit or within a neighbouring administrative unit, in conformity with national rules;

(c) in the case of a trans-border designation of origin or geographical indication, or where an agreement on control measures exists between two or more Member States or between one or more Member States and one or more third countries, in an area situated in the immediate proximity of the demarcated area in question.

SECTION 5

Use of symbols, indications and abbreviations

Article 23

Derogations from the obligation to use the term ‘protected designation of origin’ on labels

In accordance with Article 119(3) of Regulation (EU) No 1308/2013, references to the terms ‘protected designation of origin’ may be omitted for wines bearing the following protected designations of origin:

(a) Greece: Σάμος (Samos);

(b) Spain: Cava, Jerez, Xérès or Sherry, Manzanilla;

(c) France: Champagne;

(d) Italy: Asti, Marsala, Franciacorta;

(e) Cyprus: Κουμανδαρία (Commandaria);

(f) Portugal: Madeira or Madère, Port or Porto.

CHAPTER III

TRADITIONAL TERMS

SECTION 1

Applications for protection and examination procedure

Article 24

Language and spelling of the traditional term

A traditional term shall be registered:

(a) in the official language or regional language of the Member State or third country from which the term originates; or

(b) in the language used in trade for this term.

Article 25

Applicants

Article 26

Admissibility of the application

An application shall be considered to be duly completed where it contains the following information:

(a) the name to be protected as a traditional term;

(b) the type of traditional term, whether it falls under Article 112(a) or (b) of Regulation (EU) No 1308/2013;

(c) the language in which the name to be protected as a traditional term is expressed;

(d) the grapevine product category or categories concerned;

(e) a summary of the definition and conditions of use;

(f) the protected designations of origin or protected geographical indications concerned.

Article 27

Conditions of validity

An application for the protection of a traditional term shall be deemed valid if the name for which the protection is sought:

(a) fulfils the requirements of a traditional term as defined in Article 112 of Regulation (EU) No 1308/2013 as well as the requirements laid down in Article 24 of this Regulation;

(b) consists exclusively of either: (i) a name traditionally used in trade in a large part of the territory of the Union or of the third country in question, to distinguish specific categories of grapevine products referred to in Article 92(1) of Regulation (EU) No 1308/2013; or (ii) a reputed name traditionally used in trade in at least the territory of the Member State or third country in question, to distinguish specific categories of grapevine products referred to in Article 92(1) of Regulation (EU) No 1308/2013;

(c) has not become generic, and

(d) is defined and regulated in the Member State's legislation or subject to conditions of use as provided for by rules applicable to wine producers in the third country in question, including those emanating from representative professional organisations.

Point (b) shall not apply to traditional terms referred to in Article 112(a) of Regulation (EU) No 1308/2013.

For the purposes of paragraph (1) (b), traditional use means:

(a) use amounting to a period of at least five years in case of terms filed in the official language or regional language of the Member State or third country where the term originates;

(b) use amounting to a period of at least 15 years in case of terms filed in the language used for trade.

Article 28

Scrutiny by the Commission

SECTION 2

Objection procedure

Article 29

Submission of an objection

The date of submission of an objection shall be the date on which the objection is received by the Commission.

Article 30

Admissibility and grounds of objection

A substantiated objection shall be admissible where:

(a) it is submitted by any Member State or third country, or any natural or legal person having a legitimate interest;

(b) it is received by the Commission within the deadline provided for in Article 22(1) of Implementing Regulation (EU) 2019/34;

(c) it demonstrates that the application for protection is incompatible with the rules on traditional terms because it does not comply with Article 27 of this Regulation or because the registration of the name proposed would conflict with Article 32 or 33 of this Regulation.

Article 31

Scrutiny of an objection

In the course of its scrutiny of an objection, the Commission shall request the parties to provide comments, if appropriate, within the time period referred to in Article 24(2) of Implementing Regulation (EU) 2019/34, on the communications received from the other parties.

Where an application is rejected, objection procedures which have been suspended shall be deemed to be closed and the objectors concerned shall be duly informed.

SECTION 3

Protection

Article 32

Relationship with trade marks

The registration of a trade mark that contains or consists of a traditional term which does not respect the definition and conditions of use of that traditional term as referred to in Article 112 of Regulation (EU) No 1308/2013, and that relates to a product falling under one of the categories listed in Part II of Annex VII thereto shall be:

(a) refused if the application for registration of the trade mark is submitted after the date of submission of the application for protection of the traditional term to the Commission and the traditional term is subsequently protected; or

(b) invalidated.

In such cases, the use of the traditional term shall be permitted alongside the relevant trade marks.

Article 33

Homonyms

A homonymous term which misleads consumers as to the nature, quality or the true origin of the grapevine products shall not be registered even if the term is accurate.

A registered homonymous term may be used only if there is a sufficient distinction in practice between the homonym registered subsequently and the term already in the register, having regard to the need to treat the producers concerned in an equitable manner and the need to avoid misleading the consumer.

SECTION 4

Modification and cancellation

Article 34

Modification of a traditional term

An applicant satisfying the conditions of Article 25 may apply for approval of a modification of a registered traditional term concerning the elements referred to in points (a) to (f) of Article 26(1).

Articles 26 to 31 shall apply mutatis mutandis to applications for modification.

Article 35

Cancellation of a traditional term

In accordance with Article 115(2) of Regulation (EU) No 1308/2013, the Commission may, on a duly substantiated request by a Member State, a third country or a natural or legal person having a legitimate interest, adopt implementing acts cancelling the protection of a traditional term.

Articles 26 to 31 shall apply mutatis mutandis to applications for cancellation.

Article 36

Grounds for cancellation

The protection of a traditional term shall be cancelled where:

(a) the traditional term no longer meets the requirements laid down in Articles 27, 32 or 33;

(b) compliance with the corresponding definition and conditions of use is no longer ensured.

Article 37

Admissibility of a cancellation request

A substantiated cancellation request shall be admissible where:

(a) it was submitted to the Commission by a Member State, a third country or a natural or legal person having a legitimate interest; and

(b) it is based on one of the grounds referred to in Article 36.

The duly substantiated cancellation request shall be admissible only if it demonstrates the legitimate interest of the applicant.

Article 38

Rules concerning traditional terms used in third countries

SECTION 5

Article 39

Existing protected traditional terms

A traditional term which is protected under Regulation (EC) No 607/2009 shall automatically be protected under this Regulation.

CHAPTER IV

LABELLING AND PRESENTATION

SECTION 1

Compulsory particulars

Article 40

Presentation of compulsory particulars

By way of derogation from paragraph 1, the following compulsory particulars may appear outside the field of vision referred to in that paragraph:

(a) the substances or products causing allergies or intolerances referred to in Article 9(1), point (c), of Regulation (EU) No 1169/2011, where the list of ingredients is provided by electronic means;

(b) the indication of the importer;

(c) the lot number; and

(d) the date of minimum durability.

Article 41

Application of certain horizontal rules

Article 42

Marketing and export

Article 43

Prohibition of lead-based capsules or foil

The closing devices for grapevine products referred to in points (1) to (11), (13), (15) and (16) of Part II of Annex VII to Regulation (EU) No 1308/2013 shall not be enclosed in lead-based capsules or foil.

Article 44

Actual alcoholic strength

The actual alcoholic strength by volume referred to in Article 119(1)(c) of Regulation (EU) No 1308/2013 shall be indicated in percentage units or half units.

The figure shall be followed by the ‘% vol’ symbol and may be preceded by the words ‘actual alcoholic strength’, ‘actual alcohol’ or ‘alc’. As regards partially fermented grape must or new wine still in fermentation, the indication of the actual alcoholic strength may be replaced or completed by the figure of the total alcoholic strength followed by the ‘% vol’ symbol and preceded by the words ‘total alcoholic strength’ or ‘total alcohol’.

Without prejudice to the tolerances set for the reference analysis method used, the strength shown may not differ by more than 0,5 % vol from that given by analysis. However, the alcoholic strength of grapevine products with protected designations of origin or geographical indications stored in bottles for more than three years, sparkling wines, quality sparkling wines, aerated sparkling wines, semi-sparkling wines, aerated semi-sparkling wines, liqueur wines and wines of overripe grapes, without prejudice to the tolerances set for the reference analysis method used, may not differ by more than 0,8 % vol from that given by analysis.

Article 45

Indication of provenance

The indication of provenance as referred to in Article 119(1)(d) of Regulation (EU) No 1308/2013 shall be indicated as follows:

(a) for grapevine products referred to in points (1), (3) to (9), (15) and (16) of Part II of Annex VII to Regulation (EU) No 1308/2013, the words ‘wine of (…)’, ‘produced in (…)’, ‘product of (…)’ or ‘sekt of (…)’ shall be used, or expressed in equivalent terms supplemented by the name of the Member State or third country where the grapes are harvested and turned into wine;

(b) the words ‘European Union wine’ or ‘blend of wines from different countries of the European Union’, or expressed in equivalent terms in the case of wine resulting from a blending of wines originating in a number of Member States;

(c) the words ‘European Union wine’ or ‘wine obtained in (…) from grapes harvested in (…)’ citing the names of Member States in question, for wines made in a Member State from grapes harvested in another Member State;

(d) the words ‘blend from (…)’, or expressed in equivalent terms, supplemented by the names of the third countries in question, in the case of wine resulting from a blending of wines originating in a number of third countries;

(e) the words ‘wine obtained in (…) from grapes harvested in (…)’ citing the names of the third countries in question, for wines made in a third country from grapes harvested in another third country.

By way of derogation from point (a) of the first subparagraph, for grapevine products referred to in points (4), (5) and (6) of Part II of Annex VII to Regulation (EU) No 1308/2013 that do not bear a protected designation of origin or geographical indication, the indication referred to in that point (a) may be replaced by the indication ‘produced in (…)’, or expressed in equivalent terms, supplemented by the name of the Member State where the second fermentation took place.

The first and second subparagraphs are without prejudice to Articles 46 and 55.

The indication of provenance, as referred to in Article 119(1)(d) of Regulation (EU) No 1308/2013, for grapevine products referred to in points (2), (10), (11) and (13) of Part II of Annex VII to Regulation (EU) No 1308/2013 shall be indicated as follows:

(a) ‘must of (…)’ or ‘must produced in (…)’ or expressed in equivalent terms, supplemented by the name of the Member State;

(b) ‘blend made from the produce of two or more European Union countries’ in the case of coupage of grapevine products produced in two or more Member States;

(c) ‘must obtained in (…) from grapes harvested in (…)’ in case of grape must which has not been made in the Member State where the grapes used were harvested.

Article 46

Indication of the bottler, producer, importer and vendor

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 European Union and carrying out bottling or having bottling carried out on their behalf;

(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 Union assuming responsibility for bringing into circulation non-Union goods within the meaning of Article 5(24) of Regulation (EU) No 952/2013 of the European Parliament and of the Council (⁴);

(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 Member State or third country in which the premises or head office of the bottler, producer, vendor or importer is situated.

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) by terms, whose conditions of use are defined by Member States, 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 concerned.

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 Member State, the name of that State. 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 (…)’ respectively, except when the language used does not indicate by itself such a difference.

Member States may decide 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.

One of these indications may be replaced by a code determined by the Member State in which the bottler, producer, importer or vendor has its head office. The code shall be supplemented by a reference to the Member State in question. 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.