I
(Acts whose publication is obligatory)
of 10 June 1991
laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine based drinks and aromatized wine-product cocktails
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100a thereof,
Having regard to the proposal from the Commission1,
In cooperation with the European Parliament2,
Having regard to the opinion of the Economic and Social Committee3,
Whereas there are at present no specific Community rules governing aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails hereinafter called 'aromatized drinks', in particular with regard to the definition of such drinks and the requirements concerning their description and presentation; whereas, given the economic importance of these drinks, it is necessary, in order to assist the functioning of the common market, to lay down common provisions on this subject;
Whereas these aromatized drinks constitute a major outlet for Community agriculture; whereas this outlet is largely the result of the reputation which certain of these drinks have acquired throughout the Community and on the world market; whereas this reputation can be attributed to the quality of the drinks in question; whereas a certain quality standard should therefore be maintained for the drinks in question if this outlet is to be preserved; whereas the appropriate means of maintaining this quality standard is to define the said drinks, taking into account the traditional practices on which their reputation is based; whereas, moreover, the terms thus defined should be used only for drinks of the same quality as traditional drinks so as to prevent their being devalued;
Whereas it is appropriate that an appropriate framework be created for aromatized drinks which are composed for the major part of wine or musts, while allowing for development and innovation as regards such drinks; whereas this objective can be achieved the more easily by creating three categories of drinks on the basis of their wine content, alcoholic strength and whether or not alcohol has been added to them;
Whereas it is appropriate that Community rules should reserve, for certain territories, the use of geographical ascriptions referring thereto, provided that the stages of production during which the finished product acquires its characteristics and definitive properties are completed in the geographical area in question;
Whereas the customary means of informing the consumer is to include certain information on the label; whereas the labelling of aromatized drinks is subject to the general rules laid down in Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer4, as last amended by Directive 89/395/EEC5; whereas, in view of the nature of the drinks in question and so that the consumer may have fuller information, provisions additional to these general rules should be adopted;
Whereas, in the mind of the consumer, the reputation of certain aromatized drinks is closely linked to a traditional origin; whereas, in order to ensure that the consumer is appropriately informed and to take account of these specific cases, it is appropriate to make it compulsory to indicate the origin in cases where the drink does not come from the traditional region of production;
Whereas, in order to enable appropriate information to be given on the composition of the drink, certain labelling rules relating to the nature of the alcohol used should be adopted;
Whereas Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption6, as last amended by Directive 81/858/EEC7, and Council Directive 80/777/EEC of 15 July 1980 on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters8, as last amended by Directive 85/7/EEC9, lay down the characteristics of the water which may be used in foodstuffs; whereas reference should be made thereto;
Whereas Council Directive 88/388/EEC of 22 June 1988 on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production10 puts forward definitions of various terms liable to be used in connection with flavouring; whereas the same terminology should be used in this Regulation;
Whereas specific provisions should be adopted concerning description and presentation for imported aromatized drinks, bearing in mind the Community's commitments in its relations with third countries;
Whereas, in order to defend the reputation of Community aromatized drinks on the world market, the same rules should be extended to exported drinks, except where there are contrary provisions, bearing in mind traditional habits and practices;
Whereas it is preferable to act by way of a Regulation in order to ensure the uniform and simultaneous implementation of the measures in question;
Whereas, in order to simplify and expedite the procedure, the Commission should be instructed to adopt implementing measures of a technical nature; whereas, for this purpose, provision should be made for a procedure whereby the Member States and the Commission can cooperate closely within an Implementation Committee;
Whereas transitional measures are necessary to facilitate the dangeover to the system intoduced by this Regulation,
HAS ADOPTED THIS REGULATION:
- obtained from wines defined in points 12 to 18 of Annex I to Regulation (EEC) No 822/8711, as last amended by Regulation (EEC) No 1325/9012, with the exception of retsina table wine, and possibly with added grape must, grape must in fermentation and/or fresh grape must with fermentation arrested by the addition of alcohol, as defined by Community legislation,
- to which alcohol has been added as defined in Article 3 (d), and
- which has been flavoured with the aid of:
- natural flavouring substances and/or natural flavouring preparations as defined in Article 1 (2) (b) (i) and (c) of Directive 88/388/EEC. Without prejudice to the more restrictive provisions in paragraph 2, the use of substances and preparations identical to natural substances and preparations, as defined in Article 1 (2) (b) (ii) of that Directive, may be authorized in certain cases and under certain conditions, in accordance with the procedure laid down in Article 14, and/or
- aromatic herbs and/or spices and/or flavouring foodstuffs,
- which has generally been sweetened and, subject to the exceptions provided for in paragraph 2, has possibly been coloured with caramel,
- which has a minimum actual alcoholic strength by volume of 14,5 % vol or more and a maximum actual alcoholic strength by volume of less than 22 % vol and a minimum total alcoholic strength by volume of 17,5 % vol or more; however, for those products which, pursuant to paragraph 5, bear the description 'dry' or 'extra dry', the minimum total alcoholic strength by volume shall be set at 16 % vol and 15 % vol respectively.
The wine used in the preparation of an aromatized wine must, before enrichment, be present in the finished product in a proportion of not less than 75 %. Without prejudice to the provisions of Article 5, the minimum natural alcoholic strength by volume of the products used shall be that provided for by Article 18 (1) of Regulation (EEC) No 822/87.
The description 'aromatized wine' may be replaced by 'wine-based aperitif'. The use of the term 'aperitif' in this connection is without prejudice to the use of the term to define products which do not fall within the scope of this Regulation;
a drink
- obtained from wines defined in points 11 to 13 and 15 to 18 of Annex I to Regulation (EEC) No 822/87, with the exception of wines produced with the addition of alcohol and retsina table wine, and possibly with added grape must and/or partially fermented grape must,
- which has been flavoured with the aid of:
- natural flavouring substances and/or natural flavouring preparations and/or substances or preparations identical thereto as defined in Article 1 (2) (b) (i) and (ii) and (c) of Directive 88/388/EEC; the use of artificial substances as defined in Article 1 (2) (b) (iii) of that Directive may be authorized in certain cases and under certain conditions, in accordance with the procedure laid down in Article 14, and/or
- aromatic herbs and/or spices and/or flavouring foodstuffs,
- which has possibly been sweetened,
- to which no alcohol has been added, subject to the exceptions referred to in the product definition given in this Regulation or decided upon in accordance with the procedure laid down in Article 14,
- which has an actual alcoholic strength by volume of 7 % vol or more and less than 14,5 % vol.
The wines used in the preparation of an aromatized wine-based drink must be present in the finished product in a proportion of not less than 50 %. Without prejudice to Article 5, the minimum natural alcoholic strength by volume of the products used shall be that provided for in Article 18 (1) of Regulation (EEC) No 822/87;
shall mean a drink:
- obtained from wine and/or grape must:
- which has been flavoured with the aid of:
- natural flavouring substances and/or natural flavouring preparations and/or substances or preparations identical thereto as defined in Article 1 (2) (b) (i), (ii) and (c) of Directive 88/388/EEC; the use of artificial substances as defined in Article 1 (2) (b) (iii) of that Directive may be authorized in certain cases and under certain conditions, in accordance with the procedure laid down in Article 14, and/or aromatic herbs and/or spices and/or flavouring foodstuffs,
- has possibly been sweetened and possibly been coloured,
- to which no alcohol has been added,
- which has an actual alcoholic strength by volume of 7 % vol.
The wine and/or grape must used in the preparation of an aromatized wine-product cocktail must be present in the finished product in a proportion of not less than 50 %. Without prejudice to Article 5, the minimum natural alcoholic strength by volume of the products used shall be that provided for in Article 18 (1) of Regulation (EEC) No 822/87.
Specific descriptions may be decided upon in accordance with the procedure laid down in Article 13.
The use of the term 'cocktail' in this connection shall be without prejudice to its use to define products which do not fall within the scope of this Regulation.
aromatized wine which has been prepared from wine as referred to in paragraph 1 (a), the characteristic taste of which is obtained by the use of appropriate derived substances, in particular of the Artemisia species, which must always be used; this drink may be sweetened only by means of caramelized sugar, sucrose, grape must, rectified concentrated grape must and concentrated grape must.
aromatized wine with a characteristic bitter flavour. The description 'bitter aormatized wine' shall be followed by the name of the main bitter-flavouring substance, without prejudice to Article 8 (3).
The following expressions, or equivalent expressions in other official languages of the Communities, may be used to supplement or replace this description:
- 'Quinquina wine', where the main flavouring is natural quinine flavouring,
- 'Bitter vino', where the main flavouring is natural gentian flavouring and the drink has been coloured with authorized yellow and/or red colouring matter; the use of the word 'bitter' in this connection shall be without prejudice to its use to define products which do not fall within the scope of this Regulation,
- 'Americano', where the flavouring is due to the presence of natural flavouring substances derived from wormwood and gentian and the drink has been coloured with authorized yellow and/or red colouring matter.
Aromatized wine to which good-quality egg yolk or contracts thereof have been added and which has a sugar content expressed in terms of invert sugar of more than 200 grams and a minimum egg yolk content of 10 grams per litre of finished product.
The term 'cremovo' may accompany the term 'egg-based aromatized wine' where such wine contains Marsala wine in a proportion of not less than 80 %.
The term 'cremovo zabaione' may accompany the term 'egg-based aromatized wine' where such wine contains Marsala wine in a proportion of not less than 80 % and has an egg yolk content of not less than 60 grams per litre.
- replace the description 'aromatized wine-based drink' in the Member State of production,
- be used to supplement 'aromatized wine-based drink' in the other Member States:
a drink obtained from wine, aromatized with the addition of natural citrus-fruit extracts or essences, with or without the juice of such fruit and with the possible addition of spices, sweetened and with CO2 added, having an acquired alcoholic strength by volume of less than 12 % vol.
The drink may contain solid particles of citrus-fruit pulp or peel and its colour must come exclusively from the raw materials used.
The description 'Sangria' must be accompanied by the words 'produced in . . .' followed by the name of the Member State of production or of a more restricted region except where the product is produced in Spain or Portugal.
The description 'Sangria' may replace the description 'aromatized wine-based drink' only where the drink is manufactured in Spain or Portugal;
a drink obtained from white wine under the same conditions as in (a).
The description 'Clarea' must be accompanied by the words 'produced in . . .' followed by the name of the Member State of production or of a more restricted region except where the product is produced in Spain.
The description 'Clarea' may replace the description 'aromatized wine-based drink' only where the drink is manufactured in Spain;
a drink obtained by adding brandy or wine spirits as defined in Regulation (EEC) No 1576/8913 to the drinks defined in (a) and (b), possibly with the addition of pieces of fruit. The actual alcoholic strength by volume must be 9 % vol or more and less than 14 % vol;
an aromatized drink obtained from bitter vino the content of which in the finished product must not be less than 50 % by volume, with added CO2 or carbonated water and possibly the same colourants as bitter vino. The actual alcoholic strength by volume must be 8 % vol or more and less than 10,5 % vol. The use of the word 'bitter' in this connection shall be without prejudice to its use to define products which do not fall within the scope of this Regulation;
an aromatized wine-based drink obtained by mixing wine, semi-sparkling wine or semi-sparkling wine with added CO2 with sparkling wine or sparkling wine with added CO2, and adding natural lemon substances or extracts thereof, the taste of which must be predominant. The finished product must contain not less than 25 % by volume of the sparkling wine or sparkling with added CO2;
an aromatized drink obtained exclusively from red or white wine and sugar, flavoured mainly with cinnamon and cloves. Where it has been prepared from white wine, the sales description 'Gluehwein' must be supplemented by the words 'white wine';
an aromatized drink obtained from wine with added asperula odorata plants or extracts thereof so as to ensure a predominant taste of asperula odorata;
an aromatized drink obtained from dry white wine in which asperula odorata plants have been macerated or to which extracts of asperula odorata have been added, with the addition of oranges and/or other fruits, possibly in the form of juice, concentrated or extracts, and with maximum 5 % sugar sweetening;
other definitions shall be adopted in accordance with the procedure laid down in Article 13.
- replace the description 'aromatized wine-product cocktail' in the State of production,
- be used to supplement 'aromatized wine-product cocktail' in the other Member States;
an aromatized drink in which:
- the proportion of concentrated grape must does not exceed 10 % of the total volume of the finished product,
- the sugar content, expressed as invert sugar, is less than 80 grams per litre;
a drink:
- prepared exclusively from grape must,
- the actual alcoholic strength by volume of which is less than 4 % vol,
- containing carbon dioxide obtained exclusively from fermentation of the products used;
other definitions shall be adopted in accordance with the procedure laid down in Article 13.
The terms 'semi-sweet' and 'sweet' may be replaced by an indication of the sugar content, expressed in grams of invert sugar per litre.
using one or more of the following products in the preparation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails:
semi-white sugar, white sugar, refined white sugar, dextrose, fructose, glucose syrup, liquid sugar, invert liquid sugar, invert sugar syrup, rectified concentrated grape must, concentrated grape must, fresh grape must, burned sugar, honey, carob syrup, or other natural carbohydrate substances having a similar effect to the above products.
'Burned sugar' means the product obtained exclusively from the controlled heating of sucrose without bases, mineral acids or other chemical additives;
using one or more of the flavourings defined in Article 1 (2) (a) of Directive 88/388/EEC and/or aromatic herbs and/or spices and/or flavouring foodstuffs in the preparation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails.
Addition of such substances confers on the final product organoleptic characteristics other than those of wine;
using one or more colorants in the preparation of aromatized wines or aromatized wine-product cocktails;
using one or more of the following products in the preparation of aromatized wines and, where appropriate, aromatized wine-based drinks:
- ethyl alcohol of viticultural origin,
- wine alcohol or dried grape alcohol,
- ethyl alcohol of agricultural origin,
- wine distillate or dried grape distillate,
- distillate of agricultural origin,
- wine spirit or grape-marc spirit,
- dried grape spirit,
which comply with the characteristics laid down by Community provisions, in particular, the characteristics of ethyl alcohol must comply with those set out in Annex I;
the number of volumes of pure alcohol at 20° C contained in 100 volumes of the product at the same temperature;
the number of volumes of pure alcohol at 20 °C which would be produced by total fermentation of the sugar contained in 100 volumes of the product at the same temperature;
the sum of the actual and potential alcoholic strengths by volume;
the total alcoholic strength by volume of the product before any enrichment.
Drinks which do not meet the requirements laid down for the drinks defined in Article 2 may not bear the descriptions assigned to the latter therein.
Use of the words used to describe drinks known as 'wine cooler' shall be authorized for such drinks until the Council has taken a decision on the aforementioned proposal.
Should the alcohol come from several raw materials, no special indication relating to the nature of the alcohol shall appear on the label.
Ethyl alcohol used in the preparation of drinks covered by this Regulation to dilute or dissolve colorants, flavourings or any other authorized additives shall not be regarded as an ingredient.
In the case of the drinks listed in Annex II, it may be decided in accordance with the procedure laid down in Article 13 that such supervision and protection shall be effected, for the purposes of movement within the Community, by means of commercial documents verified by the administration and by the keeping of appropriate registers.
If the system referred to in the first subparagraph is not introduced, the Member States shall implement their own authentication systems, provided that these comply with Community rules.
The first subparagraph shall be implemented by agreements to be negotiated and concluded with the third countries concerned under the procedure laid down in Article 113 of the Treaty.
The implementing rules and the list of products referred to in the first subparagraph shall be adopted in accordance with the procedure laid down in Article 14.
The Council, acting by a qualified majority, may take a different decision within one month.
If, on the expiry of three months as from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.
It shall apply from 17 December 1991 with the exception of Articles 12 to 15, which shall apply as from the entry into force of this Regulation. However, drinks produced and labelled before that date may be disposed of until stocks run out.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 10 June 1991.
For the Council
The President
J.-C. JUNCKER
- Total acidity expressed in g of acetic
acid per hl of alcohol at 100 % vol: 1,5
- Esters expressed in g of ethyl acetate
per hl of alcohol at 100 % vol: 1,3
- Aledhydes expressed in g of acetaldehyde
per hl of alcohol at 100 % vol: 0,5
- Higher alcohols expressed in g of methyl-2
propanol-1 per hl of alcohol at 100 % vol: 0,5
- Methanol expressed in g per hl of alcohol at 100 % vol: 50
- Dry extract expressed in g per hl of alcohol at 100 % vol: 1,5
- Volatile bases containing nitrogen expressed
in g of nitrogen per hl of alcohol at 100 % vol: 0,1
- Furfural: Not detectable
Vermouth de Chambéry
Vermouth di Torino
1 OJ No C 269, 25. 10. 1986, p. 15.
2 OJ No C 127, 14. 5. 1984, p. 185 and OJ No C 129, 20. 5. 1991.
3 OJ No C 124, 9. 5. 1983, p. 16.
4 OJ No L 33, 8. 2. 1979, p. 1.
6 OJ No L 229, 30. 8. 1980, p. 11.
10 OJ No L 184, 15. 7. 1988, p. 61.
11 OJ No L 84, 27. 3. 1987, p. 1.
13 OJ No L 160, 12. 6. 1989, p. 1.
14 OJ No L 40, 11. 2. 1989, p. 27.