Explanatory Memorandum to COM(2011)530 - Definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products

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dossier COM(2011)530 - Definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products.
source COM(2011)530 EN
date 31-08-2011
CONTEXT OF THE PROPOSAL

An EU approach already exists for aromatised wine products and is justified in order to facilitate the free circulation of goods on the single market and to protect geographical indications which allow the identification by the consumer of specific products having characteristics attributable to the geographical origin. A legal framework for aromatised wine products, which sets out product definitions and labelling rules directly affects the producers of such products and, to a lesser extent, the consumers via the labelling rules.

This proposal replaces Commission proposal COM(2007)848 which the Commission decided to withdraw in the 2011 Commission Work Programme, see COM(2010)623, 27/10/2010, Annex IV, which has been communicated to the other institutions.

The proposal simplifies the existing rules by introducing limited changes to improve the readability and clarity of the rules. In particular, it adapts the definitions used to the technical evolution and puts the existing rules on geographical indications in line with the Trade-Related Aspects of Intellectual Property Rights agreement (TRIPs agreement). One purpose is also the alignment with the Treaty on the Functioning of the European Union (TFEU). The proposal does not change the scope of the existing rules for the sector, and has no significant impact as it corresponds to an adaptation to obligations already taken on by the Union. The main European producers and national organisations were consulted informally and did not expect significant impacts. A consensus exists among the producers of aromatised wine products to keep the same framework and similar rules; only minor technical adjustments seem to be necessary. Those were communicated to the Commission services by the representatives of the sector. For this reason, no further impact assessment was carried out.

ALIGNMENT WITH THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION.

Articles 290 and 291 of the Treaty on the Functioning of the European Union distinguish two different types of Commission acts:

Article 290 of the TFUE allows the legislator to delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act. Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as 'delegated acts' (Article 290(3)).

Article 291 of the TFUE allows Member States to adopt all measures of national law necessary to implement legally binding Union acts. Those acts can confer implementing powers on the Commission where uniform conditions for implementing them are needed. Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as 'implementing acts' (Article 291(4))

A main objective of the present proposal consists in aligning Council Regulation (EEC) N° 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails (OJ L 149, 14.6.1991, p.

1) with those provisions of the TFEU.

Under the present proposal, the objectives and principles and other essential elements regarding the definition, the description, the presentation, the labelling and the protection of geographical indications of aromatised wine products are determined by the Legislator.

The Commission should be able to adopt, by means of a delegated act, the production processes (Article 3(2)), the methods of analysis (Article 3(3)), the necessary amendments of the definitions, the requirements, the restrictions, the sales denominations and the descriptions (Article 9), the necessary rules for the geographical indications (Article 29) and the necessary rules for exchange of information (Article 33(2)).

Furthermore, the Legislator should grant the Commission the power to adopt implementing acts, in accordance with Article 291 i of the Treaty, specifically with regard to the uniform application of the rules on aromatised wine products related to geographical indications (Articles 15 i, 17, 25, 26, 27 and 30), to administrative and physical checks (Article 32(2)) and to exchange of information (Article 33)

SUBSTANTIVE AMENDMENTS

The other main objectives pursued are the following:

- Enhance applicability, readability and clarity of the Union legislation on aromatised wine products.

- Introduce a well defined quality policy for aromatised wine products based on the present definitions of products.

- Update certain sales denominations, in the light of the possibility to increase the level of wine instead of directly adding alcohol, and so ensuring that the consumer is properly informed.

- Introduce flexibility by shifting the competence to amend the definitions and descriptions of aromatised wine products from the present co-decision procedure of the European Parliament and Council, to the Commission by means of delegated acts.

- Adaptation of the Union rules to new technical requirements.

- Adaptation of the Union rules to WTO requirements, including the TRIPs Agreement.

- Definition of criteria guiding recognition of new geographical indications.

STRUCTURE OF THE DRAFT REGULATION:

The draft Regulation on aromatised wine products consists of 4 Chapters and 3 Annexes:

Chapter I lays down the basic definition and classification of aromatised wine products.

Chapter II deals with the description, presentation and labelling of aromatised wine products.

It refers to the requirements and restrictions laid down in Annexes I and II, and delegates to the Commission the establishment of further authorised production processes. It refers to international methods of analyses for the analyses of aromatised wine products.

It also establishes specific labelling rules for those products.

Chapter II establishes, by referring to Annexes I and II, a coherent system based on traditional quality practices and new developments as regards the quality of products. It aims at providing clear information to the consumer on the nature of products (sales denominations) and obliges the producer to provide all information necessary to avoid that the consumer is misled.

Chapter III lays down the rules on geographical indications in accordance with the international obligations of the EU.

The geographical indications presently listed in Regulation No 1601/91 are transferred to the register which is established pursuant to Article 22 of the present Regulation. Chapter III foresees that technical files for these indications shall be published within 2 years from the entry into force of the Regulation.

In Chapter IV, General, Transitional and Final Measures are set out.

Annex I includes the technical definitions and requirements for the production of aromatised wine products.

Annex II includes the sales denominations and associated description of aromatised wine products.

A correlation table is established in Annex III.

The proposal has no financial implications for the Union budget.