Wine Law

196 WINE LAW Since 13 December 2016, the Food Information to Consumers Regulation (FIC)20 has stipulated how consumers are to be informed about ingredients and additives on food packaging and labels in all member states of the European Union. The FIC Regulation combines two Directives, 2000/13/EC21 and 90/496/EEC22, into one Regulation. The FIC’s corresponding by-law has also been in force in Germany since July 2017 and replaces the previous national regulation. It is high time for the industry to consider how it plans to meet these legal requirements. A key piece of legislation on European labelling rules is, of course, the Regulation (EC) No 607/200923, which introduced a new rule concerning the demarcated production area24. Subsequent Regulation (EU) No 1308/201325 repealed and replaced Regulation 1234/200726. Sections 2 and 3 of Chapter I of Title II of Part II of Regulation (EU) No 1308/2013 laid down rules on designations of origin, geographical indications, traditional terms, labelling and presentation in the wine sector and empower the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth functioning of the wine market in the new legal framework, the European lawmakers decided that specific rules were to be adopted through Commission delegated acts intended to replace the provisions of Regulation No 607/2009. 20 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, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004. 21 Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, applicable until 13 December 2014. 22 Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs, applicable until 13 December 2014. 23 Commission Regulation (EC) No 607/2009 of 14 July 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. 24 The fact of restricting the packaging of a wine sector product with a DO or a GI, or operations connected with the presentation of the product, to a defined geographical area constitutes a restriction on the free movement of goods and freedom to provide services. In the light of the case-law of the Court of Justice, such restrictions may only be imposed if they are necessary, proportionate to and suitable for protecting the reputation of the designation of origin or geographical indication. Any restriction should be duly justified from the point of view of the free movement of goods and the freedom to provide services. 25 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 and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007. 26 Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation).

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