A guide to EEC labeling regulations - European Economic Community

A guide to EEC labeling regulations

At present, the rules governing the labeling of wines sold in the EEC, whether imported into or produced in the Common Market, are not readily accessible. The principal EEC wine labeling legislation, Council Regulation 355/79 of February 9, 1979, has been modified no less than nine times. Recognizing the need to consolidate the EEC labeling rules, the European Commission, on July 6, 1988, submitted to the Council of Ministers a proposal for a new Regulation governing wine labeling.

The purpose of this memorandum is to outline the key labeling provisions of the proposed regulation with regard to both EEC and non-EEC wine producers. These provisions are organized as follows for EEC producers: (i) description of table wines; (ii) description of quality wines produced in specific regions ("psr"); and (iii) description of grape-based products other than table wines and quality wines psr. The labeling provisions applicable to third country (non-EEC) producers are categorized differently because "table wine" and "quality wine psr" are denominations reserved for wines produced in the EEC. Rather, the proposed regulation divides non-EEC products into these three categories: (i) wines described by reference to a geographical area; (ii) wines not described by reference to a geographical area; and (iii) the labeling of grape-based products other than wines.

Due to the extensive number of these indications as well as their complexity, only a summary of the most important ones are set forth below.

THE LABELING OF EEC PRODUCED WINES AND OTHER GRAPE-BASED BEVERAGES

A. Table Wines

The proposed regulation sets forth both mandatory and optional descriptions for the labeling of table wines.

The mandatory indications include such items as: the words "table wine"; nominal volume of the wine; name and address of the bottler; and actual alcoholic strength by volume.

Supplementary indications include items such as: a statement of the wine's color as red, rose or white; brand name; names and addresses of the distributors; awards granted; details as to the type of product and the particular color of the wine; and the lower-case letter "e" to indicate compliance with the EEC prepackaging requirements.

Moreover, if the table wine is described by geographical region pursuant to Member State rules (see Art. 72(2) and (3) of Reg. 822/87), further supplementary indications may be used, such as: the name of a geographical unit which is smaller than the Member State; the name of one or two vine varieties; vintage year; details regarding the method of production; information concerning the history of the wine or bottler, the natural or technical conditions governing the production of the wine and the aging of the wine; and designations of the wine as "vin de pays," "vino tipico" and the like in accordance with the country of origin.

The proposed regulation provides that only the mandatory and supplementary indications listed therein may be placed on the labels of table wines. However, there are several exceptions: (a) if the wines are to be exported outside of the EEC, the labeling requirements may be modified to satisfy the requirements of the country of importation; (b) Member States may allow indication of dietetic use of table wines; and (c) Member States may modify the supplementary indications as to wine bottles on their territory.

The proposed regulation states that labeling codes will be required in the future in accordance with "detailed rules to be laid down" concerning the head office of the bottler and the wine growing region involved.

The mandatory and supplementary indications of the proposed regulation must be stated in accordance with the prescribed language requirements. These requirements are as follows:

The mandatory indications must be printed in one or more of the official languages of the Community "so that the final consumer can easily understand each of these items of information." Thus, those official languages which would not render the mandatory indications comprehensible cannot be used on the labels. Greek is the most obvious example of an excluded language. Whether such languages as Portuguese or Danish would also be excluded from use would depend on how rigorously the Commission interprets this requirement.

The supplementary indications, however, may be printed in one or more of the official languages of the EEC and there is no requirement that the language be comprehensible to the consumer.

Special language requirements apply to indications of the name of the wine-growing region, bottler information and the name of the vineyard. For these indications an official language of the Member State of origin must be used. But in the case of table wine originating from Greece, one or more other official languages may be used in addition to the required Greek. A second exception would permit the use of a language other than that of origin where such language is "equated" with the language of origin in that part of the territory in which the wine is produced and such practices are customary in the Member State concerned.

With respect to national designations such as "vin de pays" and "vino tipico," such terms must be stated in the official language of the country of origin. However, there is an exception for wine originating in Luxembourg, in which "vin de pays" must be stated in French. Moreover, the permitted designation of Greek table wines may be stated in one or more other official languages of the Community.

Special language provisions may in the future apply to the indications of type and color of the product, method of production and the natural or technical conditions governing the production or aging of the wine. For these indications, it "may be decided" (although it is not clear whether the Commission or the Member States will make this decision) that one official language of the country of origin must be used.

Special labeling rules also apply to designations of a geographical unit smaller than the Member State, the names of vine varieties and to the specification of vintage year. For details on these special rules, the draft regulation should be consulted.

B. Quality Wines

The proposed regulation sets forth specific rules applicable to the labeling of quality wines produced in specific regions ("psr"). A number of these rules are similar to those which apply to table wines. However, for the sake of convenience, they will be separately described below.

The mandatory indications applicable to quality wines include: the specific region of origin; one of the expressions referred to in the second subparagraph of Article 15(7) of Regulation 824/87 (appellation/denomination); nominal volume of the wine; the name and address of the bottler; and actual alcoholic strength by volume.

Supplementary indications include such items as: a statement as to whether the wine is red, white or rose; vintage year; brand name; the names and addresses of the distributors; awards granted; the Member State of origin; a recommendation to the consumer as to the use of the wine; details as to method of production, type of product and particular color of the product; the name of a geographical unit which is smaller than the specified region; the name of the vineyard; the name of one or two vine varieties; information with respect to bottling; information concerning the history of the wine or bottler, the natural or technical conditions governing the production of the wine and the aging of the wine; and the use of the lower-case letter "e."

The proposed regulation lists several exceptions to the mandatory and supplementary indications. According to these exceptions, quality wines exported by an EEC producer to non-EEC countries may be subject to the particular labeling requirements of the country of importation; information may be provided as to dietetic use; and Member States may allow, in addition to the name of the specific region of origin, the statement of a larger geographical unit in which the specific region is situated. Moreover, the Member States may modify, in the case of wines produced on their territory, most of the supplementary indications set forth in the draft regulation.

The draft regulation states, moreover, that detailed rules will be implemented requiring the use of a code in naming the specific region of origin and authorizing the use of a code in providing information on the bottler and distributor.

As in the case of table wines, quality wines are subject to specific language requirements.

The mandatory indications must be printed in one or more of the official languages of the Community "so that the final consumer can easily understand each of these items of information." This is exactly the requirement discussed above in connection with table wines.

The supplementary indications must be stated in one or more of the official languages of the Community. However, an official language of the Member State of origin must be used for: (a) the name of the specific region of origin; (b) the name of a geographical unit which is smaller than the specific region; (c) the name of the vineyard; and (d) information with respect to bottling. In the case of Greek wines, such information may be given in one or more other official languages of the Community. Moreover, the above items may be stated in an official language other than that of the Member State of origin where such language is "equated" with the country in which the wine originates and such practices are customary in the Member State concerned.

As in the case of table wines, the proposed regulation ambiguously provides, with respect to quality wines, that "it may be decided" that the type and color of the product, method of production and the natural or technical conditions governing the production or aging of the wine shall be stated in one official language of the Member State of origin.

The proposed regulation also provides special rules on the use of the name of a geographical unit smaller than the specific region, the listing of vine varieties and mention of the vintage year.

C. Grape-Based Products Other Than Table Wines and Quality Wines

This section of the proposed regulation concerns a residual group of grape-based products which includes grape must (whether concentrated or not) and fresh wine ("vin de raisins frais"). Excluded from this coverage are sparkling wines and liqueur wines, which are subject to other EEC regulation.

The mandatory indications for these products include the following: the type of product; density (in the case of grape must and concentrated grape must); actual and/or total alcoholic strength by volume (in the case of partially fermented grape must and new wine still in fermentation and other wine) nominal volume of the product; the name and address of the bottler; and any restriction on use imposed by Community legislation.

Supplementary indications for such products include: vintage year; names and addresses of persons involved in distribution; and the lower-case "e" to indicate compliance with prepackaging requirements.

Where partially fermented grape must is intended for direct human consumption, supplementary indications would include, in addition to those in the preceding paragraph, the geographical unit from which the must originates; the name of a vine variety; and a statement as to whether the product is red, rose or white.

The language requirements are as follows. The mandatory indications must appear in one or more official languages of the EEC "so that the final consumer can easily understand each of these items of information." This quoted language was discussed earlier in this article in connection with table wines and quality wines. The supplementary indications must be provided in one or more official languages of the Community, but no conditions are attached. For products put on the market within their territory, the Member States may permit the supplementary indications to be provided in a language other than an official EEC language if such other language is customary in the Member State concerned.

THE LABELING OF NON-EEC WINES AND OTHER GRAPE-BASED PRODUCTS

A. Wines Described by Geographical Area

The mandatory indications for wines described by reference to a geographical area include the following: the name of the pertinent geographical unit in accordance with a list to be drawn up; the nominal volume of the wine; the name and address of the bottler; the third country of origin; and the actual alcoholic strength by volume.

The supplementary indications for such wines include such items as: the word "wine"; a statement of whether the wine is red, rose or white; the name of a geographical unit other than the one on the list referred to in the previous paragraph; details concerning the "typically regional character" of the wine and its superior quality in so far as they are authorized in the country of origin and recognized by the Community; the names of one or two vine varieties; vintage year; brand name; the name and address of the distributor; a recommendation as to the use of the wine; details concerning the method of production; type of product or color of the product provided that such information is governed by Community implementing rules or by the third country of origin and provided that such information would not mislead the consumer as to the type or origin of the wine; the name of the vineyard; awards granted; information concerning the history of the wine, the bottler, the natural or technical conditions governing the production of the wine or the aging of the wine as provided by the Community implementing rules; and the use of the lower-case "e".

The supplementary indication of one or two vine varieties is subject to special conditions. First, only the name of a vine variety included on a list to be drawn up may be used. However, the vine varieties included on this list cannot include names of varieties that are prohibited in the country of origin or which are likely to cause confusion with (i) the name of an EEC wine-growing region used to describe a quality wine or table wine, or (ii) the name of another genetically different variety grown within the Community. Secondly, the product concerned must be made entirely from grapes of the variety in question.

Exception can be made to the above two requirements in the following cases:

With respect to the first of the above requirements concerning the list of vine varieties, a non-EEC wine producer may use a name not on the list, provided that the vine variety concerned is a permitted indication in the country of origin and that the variety in question enjoys a particularly strong reputation in the third country of origin.

With regard to the second of the above requirements concerning the source of the grapes (i.e., the producer may list the names of two vine varieties provided that the wine is made entirely from the two vines, with the exception of sweeteners), the producer may mention one vine variety if ...: (i) at least 85% of the wine, after the adding of sweeteners, is derived from the variety indicated; (ii) the variety in question is classified as a temporarily authorized variety, where it is traditional in the country of origin to indicate the name of that variety; or (iii) the variety in question is referred to in Regulations 347/79, Article 13(2), but such use is only permitted for a five-year period and is subject to strict conditions.

The supplementary indication of vintage year is also subject to special conditions. These are: (i) that all of the grapes used in the production of the wine were harvested in that year; (ii) that the vintage year is accompanied by the name of a geographical unit; and (iii) that the statement of vintage year is permitted in the country of origin. There is an exception, however, with respect to the first of these conditions. The grapes used in the production need not all be harvested in the harvest year if such practice is approved in the country of origin, as long as 85% of the wine (after deduction of any sweeteners added) is derived from grapes harvested in such year.

B. Wines Not Described by Geographical Area

The mandatory indications for wines falling into the residual group not described by geographical area would include the following: the word "wine;" the nominal volume of the wine; the name and address of the bottler; the third country of origin; and the actual alcoholic strength by volume.

The supplementary indications for this group of wines include: a statement of whether the wine is red, rose or white; brand name; the name and address of the distributor; a recommendation to the consumer as to the use of the wine; information concerning the history of the wine or bottler; the natural or technical conditions governing the production of the wine or the aging of the wine in accordance with EEC implementing rules; awards granted; details as to the type of product and the use of the lower-case "e."

C. Grape-Based Products Other Than Wines

Imported grape-based products other than wines are subject to the following mandatory labeling indications: the type of product; density (in the case of grape must and concentrated grape must); nominal volume of the product; the name and address of the importer; in the case of wine-type products, the actual and/or total alcoholic strength by volume; the name of the third country in which the wine was produced, provided that the grapes were harvested in the same country; in the event that the country in which the wine is produced, provided that the grapes were harvested in the same country; in the event that the country in which the wine is produced is different from that in which the grapes are harvested, the words "imported product" must appear; and the use of the lower-case "e."

Supplementary indications include the names and addresses of distributors and "analytical data" other than alcohol content.

D. Language Requirements Applicable to Non-EEC Wines and Other Grape-Based Products

With respect to non-EEC wines (whether or not they are described by geographical area), the Commission intends to implement detailed rules on the use of codes for the indication of the name and address of the bottler.

Non-EEC wines and other grape-based products are subject to language requirements which are almost identical to those applicable to EEC-produced wines.

Mandatory indications for wines and other grape-based products must be stated in one or more other official languages of the Community, so that the final consumer "can easily understand each of these items of information." As this memorandum noted earlier, this requirement would exclude the use of such languages as Greek and possibly Danish due to the inability of the average European to understand them.

As a general rule, supplementary indications for wines and other grape-based products must be shown in one or more official languages of the EEC. There is no requirement that the language be commonly used in the Community. A language other than an official language can also be employed with respect to products marketed in a Member State in which such language is customarily employed.

As an exception to the above language requirements, the following must be stated in one of the official languages of the third country of origin and may additionally be given in an official language of the Community: the name of the geographical area within the third country of origin; references to superior quality; details on method of production, type of product or particular color; the name of a vineyard; and information with respect to bottling.

CONCLUSION

The "consolidation" of the EEC wine and grape beverage legislation is intended to simplify the task of producers in determining the applicable labeling requirements. To a great extent, the Commission has achieved this objective. The pertinent regulatory guidelines will be found in one place rather than in nine, which represents a great improvement. However, it is also clear that the morass of rules remains complicated, even for EEC legal practitioners. Much of this problem stems from the difference in treatment between EEC and non-EEC wines and the interests of the Member States in protecting their local wine industries. Another problem is, of course, that of the various languages of the Member States. For the moment, it seems that the Commission's drive toward simplification has been pushed to its limit. Whether "1992" results in further unification of the rules remains to be seen.

(Frank L. Fine, a member of the California bar, is principally engaged in EEC practice with the law offices of Dobson & Associates in its Brussels office).

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