94 WINE LAW published in Official Journal in 200640. The designation was initially protected as an additional traditional name associated with Karst wine. Under Article 51(1) of Regulation (EC) No 479/200841, the existing protected wine names from the list were automatically granted protection as designations of origin or geographical indications under the conditions that the respective Member States transmit to the Commission the technical files and the national decisions of approval. Slovenia submitted the required documentation concerning the PDO “Teran” in December 2011 and the protection was confirmed by the European Commission in 201442, being effective as of 17 February 200643. In Spring 2013, just before Croatia entered the EU, a Croatian wine labelled as “Teran” was found on Slovenian market. The red wine originates in the Istrian peninsula (not far away from the Slovenian Karst plateau) and is produced from a grape variety that is locally referred to as “Teran” or “Istrijanac” but differs from the grape variety “Refošk” form which Slovenian “Teran” wine is produced. The Slovenian Wine Inspectorate ordered the withdrawal of incorrectly labelled wine from circulation. At a meeting of Agriculture Ministers in Luxembourg, Croatia proposed a joint cross-border protection of Teran, which Slovenia rejected, insisting that this was not possible due to the different agroclimatic conditions in which the grapes are grown and wine produced44. Croatia then expressed its concerns whether its producers could continue to use the name of the grape variety known as “Teran” in the wine labels since it is a homonym of the Slovenian PDO “Teran”. Consequently, Croatia requested in the accession negotiations that its national list of recognised wine grape varieties, including the grape variety “Teran”, be added to the list of wine grape varieties that include a geographical indication and may appear on wine labels. The European Commission announced that, in line with the practice of previous 40 OJ C 41, 17.2.2006, pp. 1-80. 41 Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999, OJ L 148, 6.6.2008, pp. 1-61. 42 “Teran” was on the list of existing wine names for which protection as a PDO was confirmed. However, it was clarified in the footnote that the use of the name “Teran” by the Republic of Slovenia does not affect the rights of Croatian producers to use that name as a grape variety name following the Delegated Act, the Commission intended to adopt under Article 100(3) of Regulation No. 1308/2013. Judgment in case T‑626/17, recital 30. 43 File number PDO-SI-A1581. 44 EU Rejects Slovenia’s Complaint About Croatian Teran Wine, By STA, 09 September 2020, available in: https://www.total-slovenia-news.com/business/6925-eu-rejects-slovenia-s-complaint-about-croatianteran-wine (last accessed on 22.12.2020).
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