Wine Law

HOMONYMOUS NAMES OF WINES AND GRAPE VARIETIES 95 accesses, this list would be included after accession, so Croatia withdrew its request from its negotiating position45. 5.2. Commission Delegated Regulation After Croatia’s accession to the European Union, on 1 July 2013, the European Commission first attempted to reach a negotiated solution between Croatia and Slovenia concerning the designation “Teran”. Croatia limited its request to use the name of the “Teran” grape variety to wines covered by the PDO “Hrvatska Istra”46. Nevertheless, a compromise solution between Croatia and Slovenia was not reached47. In 2017, the Commission finally used its powers to adopt a solution to enable the PDOs and existing labelling practices to co-exist48: the Commission Delegated Regulation (EU) 2017/135349 added the name of the variety “Teran” to the list of grape varieties that contain or consist of a PDO or PGI but may, by way of derogation, appear on wine labels50. The exception to using the designation of the grape variety “Teran” was allowed only for the Croatian PDO “Hrvatska Istra”. However, due to Slovenia's concerns over the alleged risk of consumers being misled and in order to find a solution that might satisfy all the producers concerned, the Commission specified that the name of the “Teran” variety may appear in the labelling of products covered by the PDO “Hrvatska Istra” under the condition that inscriptions “Hrvatska Istra” and “Teran” appear in the same visual field and that the font size of the name “Teran” is smaller than that of the words “Hrvatska Istra”51. Since Croatia made its request before the date of its accession to the EU, the Commission adopted the Delegated Regulation with retroactive effect as from the date of the accession. Noting that the use of grape variety name “Teran” when marketing wines on the territory of Croatia was a practice existing at the 45 Commission Delegated Regulation (EU) 2017/1353, recital 2. 46 File number PDO-HR-A1652. 47 Commission Delegated Regulation (EU) 2017/1353, recital 4. 48 Ibid., recital 3. 49 Commission Delegated Regulation (EU) 2017/1353 of 19 May 2017 amending Regulation (EC) No 607/2009 as regards the wine grape varieties and their synonyms that may appear on wine labels, C/2017/3398, OJ L 190, 21.7.2017, pp. 5-6. 50 Annex XV to 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, OJ L 193, 24.7.2009, pp. 60-139. Now replaced by Annex IV to Commission Delegated Regulation (EU) 2019/33. 51 Commission Delegated Regulation (EU) 2017/1353, recital 6. Footnote to row 55 of Part A of Annex XV to Regulation (EC) No 607/2009 as amended by the Delegated Regulation (EU) 2017/1353.

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