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Labelling of wine pursuant to applicable legislation

09/13/2017
 

Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products [hereinafter Regulation (EU) No. 1308/2013 only]

Regulation of the European Commission (EC) No. 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products [hereinafter Regulation (EC) No. 607/2009 only]

Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, as amended [hereinafter Regulation (EU) No. 1169/2011 only]

Protected designation of origin (PDO), protected geographical indication (PGI), traditional terms

PDO, PGI, traditional terms (Article 92 and subsequent of Regulation No. 1308/2013) – rules for labelling concern these types of wine products (Annex VII Part II to Regulation No. 1308/2013):

Wine (1), Liqueur wine (3), Sparkling wine (4), Quality sparkling wine (5), Quality aromatic sparkling wine (6), Semi-sparkling wine (8), Aerated semi-sparkling wines (9), Partly-fermented grape must (11), Wine from raisined grapes (15), and Wine from overripe grapes (16).

PDO (Art. 93 Para 1a) of Regulation No. 1308/2013) – 100% of grapes come exclusively from the given geographical area and the production takes place in this geographical area. If the sub-region is indicated, at least 85% of grapes shall originate in this area (Art. 67 Para 2 of Commission Regulation No. 607/2009) and the remaining 15% originate in the area.

PGI (Art. 93 Para 1b) of Regulation No. 1308/2013) – at least 85% of grapes come exclusively from the given geographical area (however, pursuant to Section 17 Para 1e) of Act No. 321/2004 Coll., in wording of Act No. 256/2011 Coll., the grapes used for the production of regional wine (zemské vino) shall exclusively come from the given geographical area!) and the production takes place in this geographical area .

As regards PDO/PGI, respective authorities ensure annual verification of compliance with the specification of the product (Art. 25 of Commission Regulation No. 607/2009).

Article 84 of Commission Regulation No. 555/2008 shall be applied (official assistance among inspection authorities, official assistance on request) for packaging of wines with PDO/PGI – pursuant to Art. 25 Para 7 of Commission Regulation No. 607/2009 if the annual verification is carried out in when the product is packaged on the territory of the Member state differing from the one where the production took place.

Wines with PDO/PGI can be thus packaged on the territory of different Member State that the one where the production took place.

Pursuant to Art. 8 of Commission Regulation No. 607/2009, if a product specification indicates that packaging of the product must take place within the demarcated geographical area defined or area in the immediate proximity of the demarcated area in question, in accordance with a requirement referred to in Art. 94 Para 2 h) of Regulation No. 1308/2013, justification for this requirement shall be given in respect of the product concerned.

Traditional terms (Art. 112 of Regulation No. 1308/2013) – the Commission decides on  the recognition; the terms listed in the E-Bacchus database: http://ec.europa.eu/agriculture/markets/wine/e-bacchus/index.cfm?event=pwelcome&language=CS

Mandatory data

  • Articles 118, 119 and 121 of Regulation No. 1308/2013:

Pursuant to the provision of Section 16 Para 1 of Act No. 321/2004 Coll., requirements for labelling of products within this Act are laid down by European legislation, by this Act and by implementing legislation.

Pursuant to provision of Art. 118 of Regulation No. 1308/2013, Directive 2000/13/EC shall be used for labelling of wine products, unless Regulation No. 1308/2013 stipulates otherwise.

Neither Act No. 321/2004 Coll., nor Regulation No. 1308/2013 provide for the obligation to indicate mandatory information in Czech language or any other language comprehensible for consumers.

Provision of Art. 15 of Regulation No. 1169/2011 is not therefore affected by specific wine legislation.

Pursuant to provision of Section 3 Para 1e) of Act No. 110/1997 Coll., if the packaging is intended for a domestic consumer, mandatory data laid down by legislation mentioned in Section 15 of Regulation No. 1169/2011 shall be indicated in language set as comprehensible to the final consumer in the CR, thus in Czech language.

Out of the mandatory information in Czech language, the five in bold mentioned bellow, thus type of the product, specification of provenance, name of the bottler/producer/vendor/importer and information on allergens, will be regarded as priorities during inspections by CAFIA:

a)    Type of production (sometimes it could be dropped)

b)    CHOP/CHZO Terms PDO/PGI at wines with PDO/PGI (sometimes it could be omitted) and name of PDO/PGI

c)    Actual alcoholic strength in %

d)    Indication of the provenance

e)    Name of the bottler or producer/vendor

f)     Name of the importer at imported wines (it can be outside the visual field of other mandatory information)

g)    Indication of the sugar content (only for certain wines)

h)    Lot number (it can be outside the visual field of other mandatory information)

i)     Indication of allergens (it can be outside the visual field of other mandatory information)

j)      Nominal volume

k)    Specific rules for certain wines

Note related to mandatory information:

The matter of indication of ingredients is clarified in Article 16 Para 4 of Regulation No. 1169/2011 (on food labelling) and CAFIA will thus not require indication of ingredients, for example indication of sorbic acid unless there are specific legal provisions.

a) Type of product

  • see Annex VII part II of Regulation No. 1308/2013, type of the product can be dropped at wines with name of PDO/PGI (Art. 119 Para 2 of Regulation No. 1308/2013) and also at sparkling wines containing term “Sect” (Art. 60 Para 2 of Council Regulation No. 607/2009):

Wine (1)
New wine still in fermentation (2)
Liquor wine (3)
Sparkling wine (4)
Quality sparkling wine (5)
Quality aromatic sparkling wine (6)
Aerated sparkling wine enhanced with carbon dioxide (7)
Semi-sparkling wine (8)
Aerated semi-sparkling wine (9)
Grape must (10)
Partly fermented grape must (11)
Rectified condensed grape must (13)
Wine from raisined grapes (15)
Wine from overripe grapes (16)

b) Term PDO/PGI at wines with PDO/PGI

Overview of PDI/PGO in the DOOR – E-Bacchus database (regularly updated): http://ec.europa.eu/agriculture/markets/wine/e-bacchus/index.cfm?event=pwelcome&language=CS

Wines with PDO or PGI – Czech Republic:

Country

PDO

PGI

Česká republika

also Mělnická added to Čechy

české
 

also Litoměřická added to Čechy

  
 

also Slovácká added to Morava

moravské
 

also Mikulovská added to Morava

  
 

also Znojemská added to Morava

  
 

also Velkopavlovická added to Morava

  
 

Novosedelské slámové víno

  
 

Šobes, Šobeské víno

  
 

Znojmo

  


Term PDO/PGI can be dropped in case of wines:

a)    with traditional terms (Art. 119 Para 3a) of Regulation No. 1308/2013)

kept in the electronic database E-Bacchus pursuant to Art. 118u Para 2 of Regulation (EC) No. 1234/2007, see link http://ec.europa.eu/agriculture/markets/wine/e-bacchus/index.cfm?event=searchPTradTerms&language=CS

In case of wines with traditional terms produced in the CR also mandatory names of PDO/PGI (see Act. No. 321/2004 Coll., on Viticulture and Viniculture).

  • regional: české/moravské (PGI)
  • quality: české/moravské (PDO) or a wine sub-region is added (it is not mandatory), quality identification number is always added
  • quality wine with attribute: české/moravské, always completed by wine a sub-region (PDO).

b)    and further in case of following wines (Art. 119 Para 3b) of Regulation No. 1308/2013, Art. 59 of Commission Regulation No. 607/2009):

Cyprus – Commandaria
Greece – Samos
Spain – Cava, Jerez, Xér?s or Sherry, Manzanilla
France – Champagne
Italy – Asti, Marsala, Franciacorta
Portugal – Madeira or Mad?re, Port or Porto

c) Actual alcoholic strength by volume in %

 (Art. 54 of Commission Regulation No. 607/2009)

Indicated in whole units or units rounded to five tenths.

The figure shall be followed by symbol “% vol” and this symbol can be preceded by term “actual alcoholic strength”, “actual alcohol”, “alc”.

The size of the figure if the volume is:

More than 100 cl – at least 5 mm,
Between 20 cl and 100 cl – at least 3 mm,
20 cl and less – at least 2 mm.

d) Indication of the provenance

 (Art. 55 of Commission Regulation No. 607/2009)

1) For wine, new wine still in the fermentation, liqueur wine, aerated sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, wine from raisined grapes and wine from overripe grapes without PDO/PGI:

  • the words "wine of (…)", "produced in (…)", or "product of (…)", or expressed in equivalent terms (grapes harvested and turned into wine);
  • the words "European Community wine", or expressed in equivalent terms, or "blend of wines from different countries of the European Community" – in case of wine made by mixing of wines from several Member States;
  • the words "blend of wines from different countries outside the European Community" or "blend from (…)" citing the names of the third countries in question – in case of wine made by mixing of wines originating from third countries;
  • the words "European Community wine", or expressed in equivalent terms, or "wine obtained in (…) from grapes harvested in …(EC country)" – in case of wines made in one Member State from grapes harvested in another Member State;
  • the words “wine produced in (…) from grapes harvested in … (+ names of third countries) – in case of wines made in a third country from grapes harvested in other third country“.

2) For sparkling wine, quality sparkling wine and quality aromatic sparkling wine without PDO/PGI:

  • the words "wine of (…)", "produced in (…)", "product of (…)" or "sekt of (…)", or expressed in equivalent terms (grapes harvested and turned into wine).
  • the words "produced in (…)", or expressed in equivalent terms (country where the second fermentation took place).

3) For wines with PDO/PGI:

  • the words "wine of (…)", "produced in (…)", "product of (…)" or "sekt of (…)", or expressed in equivalent terms (grapes harvested and turned into wine).

4) For grape must, grape must in fermentation, concentrated grape must or new wine still in fermentation shall be indicated as follows:

  • the words "must of (…)" or "must produced in (….)" or expressed in equivalent terms;
  • the words "blend made from the produce of various European Community countries";
  • the words "must obtained in (…) from grapes harvested in (…)" – in case the must was not produced in a Member State were the used grapes were harvested".

In the case of United Kingdom, the name of the Member State may be replaced by the name of an individual country forming part of United Kingdom.

e) Indication of the bottler or producer/vendor

(Art. 56 and 57 of Commission Regulation No. 607/2009)

1) Name of the bottler – other wines than (quality) (aromatic) sparkling wines

Words “bottler” or “bottled by” plus the name of the bottler and address of the bottler (information on the local administrative area and the Member State) or for wines with PDO/PGI terms referring to a wine holding (Annex XIII of Commission Regulation No. 607/2009) different from the information on the name of the bottler – for example for the CR terms such as: sklep, vinařský dům, vinařství.

In case of contract bottling by the words "bottled for (…) by (…)" or „bottled for… in…“.

In case of containers other than bottles, the words "packager" and "packaged by (…)". 

Where the name or the address of the bottler, producer, importer or vendor consists of or contains a PDO/PGI, it shall appear on the label: in characters which are no more than half the size of those used either for the protected designation of origin or geographical indications or for the designation of the category of the grapevine product concerned; or by using a code. Czech Republic, as the Member State, decided that as for products made on our territory, the second option applies (see Section 16 Para 12 of Act 321/2004 Coll., as amended).

2) Name of the producer and vendor – sparkling wines, aerated sparkling wines, quality sparkling wines, quality aromatic sparkling wines

The name and address of the producer or vendor shall be supplemented by the terms “producer” or “‘produced by” and “vendor” or “sold by”, or equivalent (information on the local administrative area and the Member State) or for wines with PDO/PGI terms referring to a wine holding (see 1).

Where the name or the address of the producer/ vendor consists of or contains a PDO/PGI, it shall appear on the label: in characters which are no more than half the size of those used either for the PDO/PGI or for designation of the type of the products or they are expressed by means of a code. Czech Republic, as the Member State, decided that as for products made on our territory, the second option applies (see Section 16 Para 12 of Act No. 321/2004, Coll., as amended).

Note:
Pursuant to Article 56 Para 3 of Commission Regulation (EC) No. 607/2009 the Member States may decide to:

  • make compulsory the indication on the producer
  • to authorize the replacement of the words “producer” or “produced by” by the terms “zpracovatel” (processor) or “vinař” (winemaker) or “zpracováno v” (processed by).

Pursuant to Section 16 Para 7 of Act No. 321/2004, Coll., as amended the indication on the producer is mandatory for bulk wine as well.

f) For imported wines the name of the importer

(Art. 56 of Commission Regulation No. 607/2009)

Name and address of the importer shall be preceded by words “importer” or “imported by” (information on the local administrative area and the Member State).

Where the name or the address of the importer consists of or contains a PDO/PGI, it shall appear on the label in characters which are no more than half the size of those used either for the PDO/PGI or for designation of the type of the products or they are expressed by means of a code.  Czech Republic, as the Member State, decided that as for products made on our territory, the second option applies (see Section 16 Para 12 of Act 321/2004 Coll., as amended).

The indications on the bottler, producer or vendor or importer can be grouped together if they concern the same natural or legal person.

One of these indications can be replaced by a code. However, the label shall contain name and address of the natural or legal person involved in the trade distributions other than indicated by a code.

g) Indication of the sugar content

 (Art. 58 of Commission Regulation No. 607/2009)

Sparkling wines, aerated sparkling wines, quality sparkling wines, quality aromatic sparkling wines.

Annex XIV to Commission Regulation No. 607/2009, part A – terms in various languages, in Czech/French language.

Přírodně tvrdé – brut nature (sugar less 3 g/l, no sugar added for secondary fermentation)
Zvláště tvrdé – extra brut (sugar 0-6 g/l)
Tvrdé – brut (sugar less than 12 g/l)
Zvláště suché – extra sec (sugar 12-17 g/l)
Suché – sec (sugar 17-32 g/l)
Polosuché – demi-sec (sugar 32-50 g/l)
Sladké – doux (sugar more than 50 g/l)

If the sugar content justifies the use of two terms, only one of them shall be chosen.

Pursuant to Act No. 321/2004, information on sugar content is mandatory also for wines with PDO from the CR (Section 16 Para 3) and for all bulk wines (Section 16 Para 7) from the CR. Annex XIV to Commission Regulation No. 607/2009, part B – terms in various languages, in Czech language is applied:

Dry– sugar no more than 4 g/l, no more than 9 g/l, provided that the total acidity expressed as grams of tartaric acid per litre is not more than 2 g lower than the residual sugar content
Semi-dry – sugar no more than 12 g/l, no more than 18 g/l, provided that the total acidity expressed as grams of tartaric acid per litre is not more  than 10 g lower than the residual sugar content
Semi-sweet – sugar no more than 45 g/l
Sweet – sugar no less than 45 g/l

If the sugar content justifies the use of two terms, only one them shall be chosen.

h) Lot number

(Art. 118 of Regulation No. 1308/2013)

i) Indication on the content of allergen

 (Art. 118 of Regulation No. 1308/2013, Art. 51 of Commission Regulation No. 607/2009, Annex X to Commission Regulation no. 607/2009, part A) – term “sulphite” or “sulphite dioxide if the SO2 content is higher than 10mg/litre, expression “egg”, “egg protein”, “egg products”, “egg lysozyme” or “egg albumin”, provided that the product contains traces of eggs or products thereof, expression “milk”, “milk products”, “milk casein” or “milk protein, provided that the product contains traces of milk or milk products.

A pictogram may accompany the term as well (Annex X to Commission Regulation No. 607/2009, part B)

Note: Labelling of an allergen originating from eggs and milk is also applicable for wines made entirely or partially from grapes harvested in 2012 and later which were provided with labels after 30 June 2012.

j) Nominal quantity

 (Art. 118 of Regulation No. 1308/2013)

k) Specific rules

(Art. 60 of the Commission Regulation No. 607/2009) for aerated sparkling wine, aerated semi-sparkling, quality sparkling wine

Terms “aerated sparkling wine“ and “aerated semi-sparkling wine“ shall be complemented in characters of the same type and size by the words “obtained by adding carbon dioxide”. These words shall be indicated also in the case when the name of the product does not have to be indicated.

For quality sparkling wines, the reference to the category of the grapevine product may be omitted for wines whose labels include the term ‘Sekt’.

Voluntary data

a)     Vintage year

b)     Name of the must variety

c)     Sugar content (except from those where this is mandatory information)

d)     At wines with PDO/PGI so-called additional traditional terms

e)     Symbol of PDO/PGI

f)      Information on certain production methods

g)     At wines with PDO/PGI name of another geographical unit which is larger/smaller than the basic area for labelling

h)    Pictogram informing of SO2 content

a) Vintage year

(Art. 61 of Commission Regulation No. 607/2009) at least 85% of the harvested grapes in the year in question (ice wines grapes can be harvested in January/February of the following year) *

b) Name of the must variety

(Art. 62 and 63 of Commission Regulation No. 607/2009)

At wines with PDO/PGI at least 85% of the must variety, if there are more varieties, then 100%. Varieties shall be written in the characters of the same size and in descending order according to the amount.

At wines without PDO/PGI including wines from third countries, term “variety wine”, the name of the Member State/third country or Member States/third countries, and the must variety/varieties (information on the provenance does not have to be indicated in this case) can be used, provided that the Member State decided on the use of the term “variety wine”. If the Member State did not decide so, it is possible to indicate only the name of the variety.

Important: However, pursuant to Section 17a Para 1 of Act No. 321/2004 Coll., varieties of grape wine specified in the National List of Plant Varieties cannot be indicated on the label or as a part of the trade name of wine without PDO/PGI produced in the Czech Republic. Term “variety wine” must not be indicated on the label of this wine or as a part of the trade name.

For more information on labelling of wines without PDO/PGI with the name of the variety see Article: SAMPLES OF ETIQUETTES PURSUANT TO NEW LEGISLATION ("will be added later")

* Wines without PDO/PGI with indication of the variety and vintage year will have to be certified. Accompanying document pursuant to Art. 31 of Commission Regulation No. 436/2009 will be regarded as a certificate for the current needs – until certification procedures are introduced.

c) Sugar content

(Art. 64 of Commission Regulation No. 607/2009) see mandatory information

Labelling procedure is laid down by Annex XIV part B of Regulation (EC) No. 607/2009 (see above).

d) At wines with PDO/PGI so-called additional traditional terms

 (Art. 112 letter b) of Regulation No. 1308/2013) e.g. “burčák” for the CR

e) Symbol of PDO/PGI (in 20 EC languages)

 (Art. 65 of Commission Regulation No. 607/2009)

f) Information on certain production methods

(Art. 66 of Commission Regulation No. 607/2009)

Wines with PDO/PGI:

Fermented in barrel (type of wood) (of barrique type)

Matured in barrel (type of wood) (of barrique type)

Matured in barrel (type of wood) (of barrique type)

 

Sparkling wines with PDO/PGI and quality sparkling wines:
Fermented in bottle
Fermented in bottle by the traditional method
Traditional method
Classical method

Classical traditional method
Crémant
Ecologic production

g) For wines with PDO/PGI, name of other geographical unit which is smaller/larger than the basic area for labelling of PDO/PGI if that the Member State decided so

(Art. 67 of Commission Regulation No. 607/2009)

If the name of the smaller geographical unit than the basic geographical area for PDO/PGI, thus e.g. local administrative area is used, then at least 85% of the grapes shall originate in this locality; remaining 15% shall originate in a defined geographical area for PDO/PGI.

h) Pictogram notifying of SO2 content, egg traces or milk traces

(Annex X of Commission Regulation No. 607/2009)

piktogramy.jpg

Art. 73 Para 3 of Commission Regulation No. 607/2009 provides for that wines put on the market or labelled before 31 December 2010 meeting respective provisions applicable before 1 August 2009 can be put on the market stocks are exhausted.