Wine Law

THE LABELLING AND PACKAGING OF WINE 193 the name of the specified region to which they are entitled is marked on the cork and that the bottle carries a label from the time it leaves the place of preparation. However, as regards labelling, exceptions may be permitted provided that appropriate controls are ensured”. CMO wine was the subject of Regulation (EEC) No 822/8714, subsequently amended by Regulation (EC) No 1627/9815. It is worth mentioning the definition of the scope of the act as set under article 1 of Regulation (EEC) No 822/87: “The common organization of the market in wine shall comprise rules governing production and control of the development of wine-growing potential, rules governing oenological practices and processes, a price system and rules governing intervention and other measures to improve market conditions, arrangements for trade with third countries, and rules governing circulation and release to the market”; rules on description, designation, presentation and protection are totally out of the scope of the Regulation, which is instead focusing on the market and on the oenological practices and processes. Until 2007, when a single CMO was created, there were 21 CMOs, each with their own rules. Article 40 of the Treaty on the Functioning of the European Union (TFEU) underpins the establishment of CMOs. A different approach has the European lawmaker when drafting CMO 199916, providing, under article 1, that “The common organisation of the market in wine shall comprise rules governing wine-production potential, market mechanisms, producer organisations and sectorial organisations, oenological practices and processes, description, designation, presentation and protection, quality wine psr, and trade with third countries”. Chapter II of Title V, as well as Annexes VII and VIII, provide for a full set of rules on description, designation, presentation and protection of wines. The word “label” finally finds its place within the rules relating to the description, designation and presentation of wine products and the protection of certain particulars and terms, since these rules shall apply to the description of the products on labels, in registers and in the accompanying documents, other than customs documents, in commercial documents, particularly in invoices and delivery notes and in advertising material. 14 Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine. 15 Council Regulation (EC) No 1627/98 of 20 July 1998 amending Regulation (EEC) No 822/87 on the common organisation of the market in wine. 16 Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine.

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