180 WINE LAW f. the terms referring to certain production methods43; and g. the name of a restricted area of production in wines with an indication of origin44. Optional particulars are extensively explained in articles 49 et seq. of Regulation 33/2019. The list of optional particulars, as set forth in the EU Regulations, hardly provides producers with an opportunity to be overly informative to the more experienced consumer, except for perhaps the production methods, whose scope is explained in article 53 of Regulation 33/2019. Still, the terms that may be used are again limited and do not provide consumers with added “insight” into a wine. Therefore, it comes to no surprise that some producers are willing to add additional particulars to their labels. This is allowed according to article 118 of Regulation 1308/2013, which extends rules applicable to food products to wine labels. Article 49 of Regulation 607/2009 provides that: “the labelling of the 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”. Since article 2 of Directive 13/2000 intrinsically allows for indications that are not able to mislead a consumer, one can infer that – albeit through a nonlinear line of reasoning – additional indications may indeed be included in labels. The additional particulars that are most commonly added to labels vary based on the wine type and price (i.e. on the specific consumer target). Some producers emphasise that “natural” practices are used in the vineyard and/or in the cellar, while others may highlight that vines are particularly old. In many cases, especially for low-end wines, labels include an organoleptic description or suggested food pairings. Naturally, if producers adhere to certain protocols (apart from organic agriculture and winemaking, which are defined by Regulation 203/2012 and may allow the producer to show the corresponding logo), such as biodynamic practices certified by, for instance, Demeter or Byodivin, they may place a 43 Terms that may be used pursuant to article 53 and Annex V or Regulation 33/2019 are “cask [or barrel] fermented” (or “matured” or “aged”), “bottle fermented”, “classical [or traditional] method” (preceded or not by “bottle fermented”) and, under certain conditions, “Crémant”. If wine is obtained from organic grapes, Regulation 834/2017 applies, while Regulation 203/2012 applies for organic wines. 44 Again, the “85% rule” applies; see art. 55 of Regulation 33/2019.
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