Commission Regulation (EC) No 753/2002 (repealed)Show full title

TITLE I U.K. COMMON RULES

Article 1 U.K. Purpose

This Regulation lays down rules for applying the provisions contained in Chapter II of Title V and in Annexes VII and VIII to Regulation (EC) No 1493/1999 which relate to the description, designation, presentation and protection of certain products.

Article 2 U.K. Labelling

Words, symbols and other marks shall not form part of the labelling as defined in the introductory section of Annex VII and Annex VIII(A)(2) to Regulation (EC) No 1493/1999, if they:

(a)

are required under Member States' implementing provisions for European Parliament and Council Directive 94/62/EC(1);

(b)

refer to the manufacturer or volume of the container and are inscribed directly and indelibly thereon;

(c)

are used for bottling checks; here, Member States may specify or approve a system for indicating the date of bottling of wines and grape musts bottled in their territory;

(d)

are used to identify the product by means of a numeric code and/or machine-scannable symbol;

(e)

are required under the Member States' provisions on qualitative or quantitative control of products subject to systematic official examination;

(f)

refer to the price of the product;

(g)

are required under the Member State's tax provisions;

(h)

are not covered by points (a) to (g) above, do not relate in any way to the characterisation of the product in question, and are not governed by Regulation (EC) No 1493/1999 or by this Regulation.

Article 3 U.K. Presentation of compulsory particulars

1. The compulsory particulars referred to in Annex VII(A) to Regulation (EC) No 1493/1999 shall be grouped in the same visual field on the container, and presented in easily readable, indelible characters large enough to stand out well against the ground on which they are printed and clearly distinguishable from all other (written and graphic) content of the labelling.

However, the compulsory particulars of the importer and the lot number may appear outside the visual field in which the other compulsory particulars appear.

2. The actual alcoholic strength by volume referred to in the third indent of Annex VII(A)(1) and Annex VIII(B)(1)(d) to Regulation (EC) No 1493/1999 shall be indicated in percentage units or half units. Without prejudice to the tolerances set for the reference analysis method used, the strength shown may not differ by more than 0,5 % vol from that given by analysis. However, the alcoholic strength of quality wines psr stored in bottles for more than three years, sparkling wines, aerated sparkling wines, semi-sparkling wines, aerated semi-sparkling wines and liqueur wines, without prejudice to the tolerances set for the reference analysis method used, may not differ by more than 0,8 % vol from that given by analysis. The figure shall be followed by ‘% vol’ and may be preceded by ‘actual alcoholic strength’, ‘actual alcohol’ or ‘alc’.

The actual alcoholic strength shall be indicated on the label in characters at least 5 mm high if the nominal volume is over 100 cl, at least 3 mm high if it is equal to or less than 100 cl but more than 20 cl and 2 mm high if it is 20 cl or less.

Article 4 U.K. Use of codes on labelling

1. The codes referred to in Annex VII(E) to Regulation (EC) No 1493/1999 shall be determined by the Member State in which the bottler, consignor or importer has its head office, while the codes referred to in Annex VIII(D)(4) and (5) to that Regulation shall be determined by the Member State in which the winemaker or seller has its head office.

2. Any reference to a Member State in a code as referred to in paragraph 1 shall be by means of the postal abbreviation preceding the other parts of the code.

Article 5 U.K. Derogations

1. In the case of wines produced on their territory, Member States may exempt the following from the labelling requirement in Annex VII(G)(1) to Regulation (EC) No 1493/1999:

(a) products transported between two or more premises of a single enterprise located within a single administrative unit or within neighbouring administrative units; such units shall be no larger than the regions corresponding to level III in the nomenclature of territorial units for statistical purposes (NUTS III) with the exception of island territories, where the administrative unit shall correspond to level II of the nomenclature of territorial units for statistical purposes (NUTS II);

(b) quantities of grape must and wine not exceeding 30 litres per lot and not intended for sale;

(c) quantities of grape must and wine intended for home consumption by producers and their employees.

[F1 Furthermore, the Member State concerned may provide for ad hoc derogations for certain quality wines psr and quality sparkling wines psr as referred to in Article 29 aged in bottles for a long period before sale, provided that they lay down control requirements and rules for circulation for those products.

Member States shall notify the Commission of the control requirements which they have laid down.]

2. By way of derogation from Annex VII(D)(1) to Regulation (EC) No 1493/1999, where the products concerned are to be exported and where the legislation of the third country so requires, Member States may allow the particulars on the labelling, notably the compulsory ones, to be added in languages other than the official Community languages.

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 316/2004 of 20 February 2004 amending Regulation (EC) No 753/2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products.

Article 6 U.K. Rules common to all particulars on labelling

1. For the purposes of Annex VII(B)(3) to Regulation (EC) No 1493/1999, the labelling of the products covered by that Annex may be supplemented by other particulars provided that there is no risk that such particulars might mislead those to whom they are addressed, particularly by creating confusion with the compulsory particulars referred to in paragraph A(1) or the optional particulars referred to in paragraph B(1) of that Annex.

2. In the case of the products referred to in Annex VII(B)(3) to Regulation (EC) No 1493/1999, an authority designated under Article 72(1) thereof may, provided that it acts in compliance with the general procedural rules adopted by the Member State, require bottlers, consignors or importers to provide proof of the accuracy of the wording used for the description as it relates to the nature, identity, quality, composition, origin or source of the product concerned or the products used to make it.

If proof is sought by the competent authority of the Member State where the bottler, consignor or importer in question is established, it shall be sought directly by that authority.

If proof is sought by the competent authority of another Member State, the latter shall give the authority of the country where the bottler, consignor or importer is established all the data it needs to seek the proof in question, using the normal channels for direct cooperation between the two authorities. The requesting authority shall be informed of the action taken in response to its request.

If the competent authorities find that proof has not been given, the particulars concerned shall be regarded as not being in conformity with Regulation (EC) No 1493/1999 or this Regulation.

Article 7 U.K. Definition of ‘bottler’, ‘bottling’ and ‘importer’

For the purposes of this Regulation:

(a)

‘bottler’ means a natural or legal person or a group of such persons carrying out bottling or having bottling carried out on their behalf;

(b)

‘bottling’ means putting the product concerned up for commercial purposes in containers of a capacity not exceeding 60 litres;

(c)

‘importer’ means a natural or legal person or group of such persons established within the Community assuming responsibility for bringing into circulation non-Community goods within the meaning of Article 4(8) of Council Regulation (EEC) No 2913/92(2).

Article 8 U.K. Prohibition of lead-based capsules or foil

The closing devices for products as referred to in Article 1(2) of Regulation (EC) No 1493/1999 may not be enclosed in lead-based capsules or foil.

Article 9 U.K. Reservation of certain types of bottle

1. The conditions governing the use of certain types of bottles shall be as listed in Annex I.

2. To qualify for inclusion in Annex I, types of bottle must meet the following requirements:

(a) they must have been genuinely and traditionally used for the last 25 years in specified production regions or areas in the Community;

(b) their use must evoke certain characteristics or a certain origin of the wine;

(c) the bottle type must not be used for other wines on the Community market.

3. Member States shall notify to the Commission:

(a) the facts justifying recognition of each type of bottle;

(b) the characteristics of the types of bottle meeting the requirements in paragraph 2 and the wine for which they are reserved.

F2 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Deleted by Commission Regulation (EC) No 316/2004 of 20 February 2004 amending Regulation (EC) No 753/2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products.

Article 10 U.K. Registers, accompanying documents, and other documents

1. For the products referred to in Annex VII(A)(1) to Regulation (EC) No 1493/1999, with the exception of semi-sparkling wines and aerated semi-sparkling wines, the description in the registers kept by operators as referred to in Article 11 of Regulation (EC) No 884/2001, and in the other registers, accompanying documents and other documents prescribed by Community legislation and, where no accompanying document has been drawn up, in the relevant commercial documents, shall contain, in addition to the particulars provided for by Regulation (EC) No 884/2001, the optional particulars referred to in Annex VII(B)(1) and (2) to Regulation (EC) No 1493/1999, provided that they are shown on the labelling or that it is planned to show them on the labelling.

2. For the products referred to in Annex VIII(A)(1) to Regulation (EC) No 1493/1999, and for semi-sparkling wines and aerated semi-sparkling wines, the description in the registers kept by winemakers and in the other registers, accompanying documents and other documents prescribed by Community legislation and, where no accompanying document has been drawn up, in the relevant commercial documents, shall contain, in addition to the particulars provided for by Regulation (EC) No 884/2001:

• in the case of the products referred to in Annex VIII(A)(1) to Regulation (EC) No 1493/1999, the name under which the product is sold and the indication of the type of product as referred to in Annex VIII(B)(1)(a) and (c) to Regulation (EC) No 1493/1999 and in the case of semi-sparkling wines and aerated semi-sparkling wines, the name under which the product is sold as referred to in Annex VII(A)(2) to Regulation (EC) No 1493/1999,

• in the case of the products referred to in Annex VIII(A)(1) to Regulation (EC) No 1493/1999, the optional particulars referred to in Annex VIII(E) to Regulation (EC) No 1493/1999, and in the case of semi-sparkling wines and aerated semi-sparkling wines the optional particulars referred to in Annex VII(B)(1) and (2) to Regulation (EC) No 1493/1999, provided that they are shown on the labelling or that it is planned to show them on the labelling.

3. For Title II products, the description in the registers kept by the operators referred to in Article 11 of Regulation (EC) No 884/2001 and in the other registers, accompanying documents and other documents prescribed by Community legislation and, where no accompanying document has been drawn up, in the relevant commercial documents, shall contain, in addition to the particulars provided for by Regulation (EC) No 884/2001, the optional particulars referred to in Articles 13(1) and 14(1) and (3) of this Regulation, provided that they are shown on the labelling or that it is planned to show them on the labelling.

4. The description in the registers kept by persons other than producers or where appropriate winemakers shall contain at least the particulars referred to in paragraphs 1, 2 or 3, as appropriate. The optional particulars referred to in paragraphs 1, 2 or 3, as the case may be, may be replaced in those registers by the number of the accompanying document or the other documents prescribed by Community legislation and the date on which they were drawn up.

5. The containers for storing the products referred to in paragraphs 1, 2 and 3 shall be identified and their nominal volume indicated.

The containers concerned shall also bear the relevant particulars provided for by the Member States to permit the body responsible for control to identify their contents using the registers or the documents that replace those registers.

However, in the case of containers of 600 litres or less, filled with the same product and stored together in the same lot, the lot as a whole may be marked rather than the individual containers, provided that it is clearly separated from other lots.

(1)

OJ L 365, 31.12.1994, p. 10.

(2)

OJ L 302, 19.10.1992, p. 1.