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Commission Delegated Regulation (EU) 2019/33Show full title

Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation

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SECTION 3 Rules on certain specific bottle shapes and closures

Article 56Conditions of use of certain specific bottle shapes

To qualify for inclusion in the list of specific types of bottle set out in Annex VII, a bottle type shall meet the following requirements:

(a)

it shall have been exclusively, genuinely and traditionally used for the last 25 years for a grapevine product bearing a particular protected designation of origin or geographical indication; and

(b)

its use shall evoke for consumers a grapevine product bearing a particular protected designation of origin or geographical indication.

Annex VII sets out the conditions governing the use of the recognised specific types of bottles.

Article 57Rules on presentation for certain grapevine products

1.Sparkling wine, quality sparkling wine and quality aromatic sparkling wine produced within the Union shall be marketed or exported in ‘sparkling wine’ type glass bottles closed with:

(a)for bottles with a nominal volume more than 0,20 litres: a mushroom-shaped stopper made of cork or other material permitted to come into contact with foodstuffs, held in place by a fastening, covered, if necessary, by a cap and sheathed in foil completely covering the stopper and all or part of the neck of the bottle;

(b)for bottles with a nominal volume content not exceeding 0,20 litres: any other suitable closure.

Other beverages produced in the Union shall not be marketed or exported in either ‘sparkling wine’ type glass bottles or with a closure as described in point (a) of the first subparagraph.

2.By way of derogation from the second subparagraph of paragraph 1, Member States may decide that other beverages may be marketed or exported in ‘sparkling wine’ type glass bottles or with a closure as described in point (a) of the first subparagraph of paragraph 1, or both, provided that they are traditionally bottled in such bottles and they do not mislead consumers with regard to the real nature of the beverage.

Article 58Additional provisions laid down by the producing Member States relating to labelling and presentation

1.Member States may render the use of the particulars referred to in Articles 49, 50, 52, 53 and 55 of this Regulation and Article 13 of Implementing Regulation (EU) 2019/34 compulsory, prohibited or limited for grapevine products bearing a protected designation of origin or geographical indication produced on their territory, by introducing conditions stricter than those laid down in this Chapter through the corresponding product specifications of those grapevine products.

2.Member States may render it compulsory to use the particulars referred to in Articles 52 and 53 of this Regulation for grapevine products produced on their territory where those grapevine products do not bear a protected designation of origin or geographical indication.

3.For control purposes, Member States may decide to define and regulate particulars other than those listed in Articles 119(1) and 120(1) of Regulation (EU) No 1308/2013 for grapevine products produced in their territories.

4.For control purposes, Member States may decide to render Articles 118, 119 and 120 of Regulation (EU) No 1308/2013 applicable for grapevine products bottled in their territories but not marketed or exported yet.

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