Geography Reference
In-Depth Information
the category of wine product, were often not expedient and that common rules
should in principle apply to all the different categories of wine, including
imported products. In particular, they should 'allow the indication of a wine
grape variety and a vintage on wines without a designation of origin or a
geographical indication, subject to requirements and exceptions concerning the
veracity of the labelling and the respective monitoring as well as the risk of
confusion of consumers'.
4.277
Recital (51) indicated that products imported from third countries should be
subject to the Community rules on labelling and designations of origin and
GIs.
Labelling and presentation is dealt with in Chapter VI of the Wine Regulation.
This is supplemented by Commission Regulation (EC) No 607/2009 of 14 July
2009 which provides in Art 49 that:
4.278
Save as otherwise provided for in this Regulation, the labelling of the products referred
to in paragraphs 1 to 11, 13, 15 and 16 of Annex IV to Regulation (EC) No 479/2008
(hereinafter 'products') may not be supplemented by any particulars other than those
provided for in Article 58 and those regulated in Article 59(1) and 60(1) of that
Regulation, unless they satisfy the requirements of Article 2(1)(a) of Directive 2000/13/
EC.
66
2. Definitions
Article 57 provides that for the purposes of the Wine Regulation:
4.279
(a) 'labelling' shall mean any words, particulars, trademarks, brand name, pictorial
matter or symbol placed on any packaging, document, notice, label, ring or collar
accompanying or referring to a given product.
Case C-46/94
67
considered whether moulded inlays and prints carried on a
bottle which described the town where the bottles were being offered for sale
constituted the misleading labelling of Bordeaux and Champagne wine. This
case considered the definition of labelling under repealed Regulation 2392/89
laying down general rules for the description and presentation of wines and
grape musts. This defined labelling in the same terms as contained in the Wine
Regulation. The Court held that decorative material on bottles which was liable
to mislead purchasers as to the provenance of the wine or the vine variety fell
within the definition of labelling.
4.280
66
Ibid.
67
Criminal proceedings against Michèle Voisine
[1995] ECR I-1859.
