Ref. Ares(2017)481399 - 30/01/2017
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR AGRICULTURE AND RURAL DEVELOPMENT
Directorate G. Markets and Observatories
Director
Brussels,
MV - agri.ddg3.g.2(2017)482868
Ares (2017)
SUMMARY RECORD
OF THE MEETING OF THE
GREX WINE (Delegated Acts)
ON 24/01/2017
Chairman: Jens Schaps / João ONOFRE
All Member States present except Cyprus. Latvia represented by Lithuania and Greece
represented by Romania.
1. WINE
1.1
Exchange of view on a working document concerning a draft delegated act
recasting Commission Regulation (EC) No 607/2009 as regards PDOs/PGIs,
traditional terms, labelling and presentation of certain wine sector products
COM presented the last version of the working document concerning a draft
delegated act on Protected Denominations of Origin (PDO) and Protected
Geographical Indications (PGI), traditional terms (TT) and labelling for wine,
modified on the basis of the last comments received from MS.
MS proposed minor modifications or clarifications of some provisions related to
PDOs/PGIs to did not express any observation on the chapter related to the
registration of TT.
On labelling, MS comments were mainly focussed on the rules related to the
labelling of compulsory particulars, indication of provenance and of the
bottler/producer, list of vine varieties names reserved to some wine with PDO/PGI.
COM invited MS to send written comments on the last version of the draft within
one month.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
1.2
Exchange of view on a working document concerning a draft delegated act
amending Regulation (EC) No 607/2009 as regards the list of wine grape
varieties and their synonyms that may appear on the labelling of wines
A Draft Delegated Act modifying Commission Regulation (EC) No 607/2009 as
regards the wine grapes varieties and their synonyms that may be used for labelling
of wines was presented.
Both Slovenia and Croatia presented their views. Written statements from Croatia
and Slovenia are in annex.
Hungary supported Slovenia comparing the sensitivity of the file to Tokay.
Italy intervened indicating the risk of spill over.
The Commission indicated that the approval procedure will now go on recalling
that the Delegated Act should be in force before 30 June 2017.
1.3
Exchange of views on a draft delegated act re-casting Commission Regulation
(EC) No 436/2009 and Titles III and V of Commission Regulation (EC) No
555/2008
A state of play regarding this file was given as well as an indication of the next
steps planned
The discussion on integrating in a single act of provisions ranging from the
planting of vines until marketing of wine (accompanying documents, inward and
outward registers,checks) ended in the previous meetings of 16 December 2016
There is a need to further fine-tune some provisions with the Commission's Legal
Service. There appear to be no major open issues from Member States left.
The objective from the Commission services is to prepare a consolidated text
which will be presented once ready
As regards the timetable , in the agenda planning the 3rd quarter is still foreseen but
since there is a need for TBT notification and publication in the better regulation
portal, a precise timing will become more clear at a later stage
(e-signed)
Jens SCHAPS
2
Statement from Croatia
Croatia’s Statement on labelling Teran variety on wines produced in PDO Hrvatska
Istra
While committed to respect existing EU rules, we consider that Croatian wine producers
are entitled to use name of vine grape variety Teran for labeling wine, as foreseen in
technical file for PDO Hrvatska Istra Under EU rules and in justifying circumstances, a
limited exception can be established to use the name of grape variety coinciding with a
PDO for wines. This kind of derogation under restricted condition to avoid misleading of
consumers is applied by all wine producing Member States.
Teran, also included in the OIV list of grape varieties, is recognized by the law of the
Republic of Croatia since 1991 but also before in legal acts of Former Yugoslavia.
Already then, label Teran was used for wines produced in Former Yugoslavian republics
and this situation was also recognized in respective EU legislation. This labelling practice
continued to be used by newly established states after disintegration of Former
Yugoslavia.
Before its accession to the EU, Croatia requested the derogation and right to continue to
use name of grape variety “Teran” for labeling Croatian wine. This demand, also
reiterated afterwards, was supported by large number of historical and technical
evidences. Those facts and especially existing labelling practice at the time of accession
can not be ignored with the aim to maintain legitimate rights of Croatian producers and
not to put them in unfavorable and discriminatory position.
Therefore, we fully support adoption of legislative act clarifying the conditions
under which the use of the name Teran as a grape variety can appear in the label of
the Croatian PDO wine "Hrvatska Istra".
3
Statement from Slovenia
Slovenian position on the Draft delegated act amending Regulation (EC) No
607/2009 as regards the list of wine grape varieties and their synonyms that may
appear on the labelling of wines, as stated at the expert group meeting of the
Commission, 24 January 2017
Slovenia strongly opposes the adoption of this DA, on the basis of which an exception
for vine variety teran would be granted in relation to the Slovenian wine with the
protected designation of origin Teran due to legal and substantive reasons.
Teran is a PDO for a wine, which has been produced for centuries at the Karst plato, in
the western part of Slovenia, bordering to Italy. In this region 75% of all vineyards are
planted with the vine variety refosk, from which Teran wine is produced. It is produced
on 450 ha, with a yearly production of 1 million liters of wine.The PDO Teran has an
extraordinary historical, cultural and economic value for the region concerned. It has also
an important value for Slovenia as whole, since it is a symbol for how people cope with
constraining natural and living conditions in this carstic environment. Teran wine is
equally important for Slovenia as Tokaj for Hungary and Slovakia or Champagne for
France.
In Slovenia Teran was always just known as wine produced on this Kras plato. It is
locally produced and locally marked, foremost only in Slovenia. It has strict quality
requirements, with specific characteristics, amongst others also related to health aspects.
If Croatian producers would be allowed to label the vine grape variety teran, there is high
potential that the consumers would be misled. We conducted a specific consumer survey,
which confirms this finding. Despite additional limitations proposed in the delegated act
related to smaller characters and the obligation to label the variety in the same visual
filed as the PDO Hrvatska Istra, the consumer will not distinguish between the PDO wine
and the wine labeled with the grapevine variety teran. At the same time the Croatian
producers will not have to respect the same quality criteria, they could even mix the teran
grape variety, to a certain allowed extent, with other varieties. Also production costs are
lower compared to the production of Teran PDO wine in Slovenia. Therefore, such an
exception would put Slovenian producers under severe economic pressure and unfair
competition, in particular when marketing the wine labeled with the name of grapevine
variety teran on the Slovenian market. Furthermore, it would in fact weaken the existing
PDO Teran.
Legal considerations:
In Article 100, para 3 of the Common market organization Regulation (No. 1308/2013,
basic Regulation) a general rule defines that the name of a vine variety containing a
protected designation of origin may not be used to label agricultural products. In the
same provision, the basic Regulation also provides for the possibility of exceptions from
this general rule in order to take into account existing labelling practices.
The empowerment of the Commission for adoption of exceptions on the basis of A. 100,
paragraph 3 of this basic Regulation cannot be read in isolation from other provisions of
the basic Regulation as these restrict the scope of this empowerment. In more precise
terms, that means that existing labelling practices are not the only requirement to be
taken into account by the Commission when deciding on authorization of a specific
exception.
4
At least the following rules have to be observed:
Firstly, the Commission has to do the balance of interests of consumers as they may not
be misled and it has to take due care of the economic interests of producers involved.
The proposed DA would lead to the misleading of consumers as the name of Croatian
vine variety is identical to the registered SI PDO and it would result in severe economic
impact on SI producers of wine Teran with a final consequence of their economic
destruction. Subsequently this would strip the protection of Slovenian PDO Teran of any
effect.
On the other hand, economic interests of Croatian producers were already adequately
addressed by the transitional measures introduced by the Commission`s Implementing
Regulation 753/2013 in August 2013 in the form of phasing out of Croatian pre accession
stocks which expired in June last year.
Secondly, existing labelling practices have to be legal because the basic regulation
obliges Member States to take all appropriate measures to stop unlawful use of PDOs.
The proposed DA would legalize illegal legal practices in a Member State
Thirdly, an exception may be granted only for the labelling practices which exist at the
time of filing of an application for registration of a homonymous PDO or PGI
And lastly, any exceptions for the conflicts between PDOs protected under EU laws and
pre-accession labelling practices of acceding Member State, had to be a result of
negotiations and within the framework of the Accession Treaty
For the foregoing reasons we are of the opinion that the proposed DA does not comply
with the basic legislative regulation. Moreover, we firmly believe that the result of this
could be a serious precedent and a unilateral action by the Commission into existing
protected designations of origin. Additionally, such an approach runs counter the set
objectives of the EU in the area of quality policy, since it gives preference to granting an
exception than maintaining the integrity of an existing PDO.
5
List of participants– Summary Record
Meeting Of the Expert Group on Delegated Acts under the Single CMO. Wine
Date: 24 January 2017
MEMBER
STATE
MINISTRY OR ORGANIZATION
NUMBER OF
PERSONS
PARLEMENT
BE
BG
CZ
DK
1
SPW – DIRECTION POLITIQUE AGRICOLE
1
FLEMISH GOVERNMENT, DEPARTMENT AGRICULTURE AND
FISHERIES POLICY DIVISION
1
MINISTRY OF AGRICULTURE AND FORESTRY
1
EXECUTIVE AGENCY ON VINE AND WINE (EAVW)
1
MINISTRY OF AGRICULTURE OF THE CZECH REPUBLIC,
PLANT COMMODITIES DEPT. UNIT FOR WINE
1
REPRESENTATION
TCHEQUE
1
PERMANENTE
DE
LA
REPUBLIQUE
FODEVARESTYRELSEN
1
UND
1
MINISTERIUM
FÜR
UMWELT,
LANDWIRTSCHAFT,
ERNÄHRUNG, WEINBAU UND FORSTEN (MULEWF)
1
EE
ESTONIAN MINISTRY OF AGRICULTURE
1
IE
DEPARTMENT OF AGRICULTURE
1
EL
----------------------------------------------------------
---
ES
MINISTERIO
AMBIENTE
DE
FR
HR
BUNDESMINISTERIUM
FÜR
LANDWIRTSCHAFT (BMEL)
ERNÄHRUNG
MEDIO
3
MINISTERE DU BUDGET (DG DDI) DIRECTION GENERALE
DES DOUANES ET DROITS INDIRECTES
1
DIRECTION GENERALE DE LA CONCURRENCE, DE
CONSOMMATION ET DE LA REPRESSION DES FRAUDES
1
DE
AGRICULTURA ALIMENTACIÓN
Y
LA
FRANCE AGRIMER
1
MINISTERE DE L'AGRICULTURE
1
PERMANENT REPRESENTATION OF CROATIA TO THE E.U.
1
MINISTRY OF AGRICULTURE
1
MINISTERO DELLE POLITICHE AGRICOLE E FORESTALI
2
IT
DIPARTIMENTO
CY
----------------------------------------------------------
DELLE POLITICHE
MONDO RURALE E DELLA QUALITÀ
6
COMPETITIVE
DEL
1
---
LV
PERMANENT REPRESENTATION LV
LT
MINISTRY
LITHUANIA
LU
REPRESENTATION PERMANENTE DU LUXEMBOURG
1
HU
MINISTRY OF AGRICULTURE
1
MT
AGRICULTURAL DIRECTORATE - RURAL DEVELOPMENT
DEPARTMENT.
1
NL
MINISTERIE VAN ECONOMISCHE ZAKEN
1
AT
AUSTRIA FEDERAL
FORESTRY
AND
1
PL
MINISTÈRE
DE
L'AGRICULTURE,
DÉPARTEMENT
D'ORGANISATION COMMUNE DES MARCHÉS AGRICOLES
1
PT
IVV-INSTITUTO DA VINHA E DO VINHO
2
RO
PERMANENT REPRESENTATION OF ROMANIA TO THE EU
1
SI
MINISTRY OF AGRICULTURE
3
OF
AGRICULTURE
OF
MINISTRY FOR
THE REPUBLIC
AGRICULTURE
OF
1
PERMANENT REPRESENTATION OF THE SLOVAK REPUBLIC
TO EUROPEAN UNION
1
FI
MINISTRY OF AGRICULTURE AND FORESTRY
1
SE
NATIONAL FOOD ADMINISTRATION
1
UK
DEPARTMENT
AFFAIRS
FOR
AND
TESTING INSTITUTE
1
IN
SK
CENTRAL CONTROLLING
AGRICULTURE
1
ENVIRONMENT, FOOD
AND
RURAL
1
7
Electronically signed on 26/01/2017 12:28 (UTC+01) in accordance with article 4.2 (Validity of electronic documents) of Commission Decision 2004/563