The Commission presented a report on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products.

Under Regulation (EU) No 251/2014, the Commission is empowered to adopt delegated acts concerning:

- the establishment of authorised production processes for obtaining aromatised wine products;

- criteria for the demarcation of the geographical area, rules, restrictions and derogations related to the production in the demarcated geographical area;

- determine the cases in which a single producer may apply for the protection of a geographical indication; ,

- determine the restrictions governing the type of applicant that may apply for the protection of a geographical indication and establish the conditions to be followed in respect of an application for the protection of a geographical indication, scrutiny by the Commission;

- restrictions on the protected name;

- the nature and type of the information to be notified, the methods of notification and the conditions and means of publication of the information.

The power to adopt delegated acts is conferred on the Commission for a period of five years from 27 March 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power is tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Exercise of Delegation

The Commission has adopted one delegated act: Commission Delegated Regulation (EU) 2017/670 which establishes the authorised production processes for obtaining aromatised wine products, taking into account consumers’ expectations and the production processes recommended and published by the OIV. Neither the European Parliament nor the Council issued any objection to the Delegated Regulation. After the expiry of the two-month period, the Commission Delegated Regulation (EU) 2017/670 was published in the Official Journal of the European Union and entered into force on 28 April 2017.

The Commission did not use the other empowerments provided for in the Regulation.

With regard to the authorisations provided for in Article 28 of the Regulation, the Commission considered that the priority was to conclude the procedures for the validation of the existing geographical indications first. Then, in view of the limited number of registrations of geographical indications for aromatised wines under Regulation (EU) No 251/2014, the Commission proposed that geographical indications for aromatised wines should be subject to the same legal framework as other agricultural products and foodstuffs.

In conclusion, the Commission has exercised its delegated powers correctly. It cannot be excluded that the empowerments will be needed in future.

Corrigendum to Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91

( Official Journal of the European Union L 84 of 20 March 2014 )

On page 26, Article 36(2) and (3):

for:

‘... 27 March 2014 ...',

read:

‘... 28 March 2015 ...'.

The European Parliament adopted by 609 votes to 72 with 4 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products.

Parliament adopted its position in first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of an agreement between Parliament and Council. They amend the proposal as follows:

Labelling: Regulation (EU) No 1169/2011 on the provision of food information to consumers applies to the presentation and labelling of aromatised wine products, save as otherwise provided for in the Regulation.

Geographical indications : the definition is clarified. Geographical indications should be used to identify aromatised wine products as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the aromatised wine product is essentially attributable to its geographical origin.

Classification of aromatised wine products : it is clarified that aromatised wine products are products obtained from products of the wine sector as referred to in Regulation (EU) No 1308/2013 that have been flavoured. They are classified into the following categories: (a) aromatised wines, (b) aromatised wine-based drinks, (c) aromatised wine-product cocktails.

The amended text defines aromatised wine as a drink:

· obtained from one or more of the grapevine products defined in point 5 of Part II of Annex II and in points 1 and 3 to 9 of Part II of Annex VII to Regulation (EU) No 1308/2013 , with the exception of 'Retsina' wine;

· in which the grapevine products referred to in point (a) represent at least 75 % of the total volume;

· to which alcohol may have been added ;

· to which colours may have been added ;

· to which grape must, partially fermented grape must or both may have been added;

· which may have been sweetened ;

· which has an actual alcoholic strength by volume of not less than 4.5 % vol. and less than 14.5 % vol.

Sales denominations : with a view to facilitating consumers' understanding, it should be possible to supplement the sales denominations laid down in the Regulation with the customary name of the product within the meaning of Regulation (EU) No 1169/2011.

Applications for the protection of names as geographical indications : to be eligible for a geographical indication protected under the Regulation a product shall comply with the corresponding product specification which shall include an indication of the main raw material from which the aromatised wine product is obtained.

Delegated acts : the Commission will be empowered to adopt delegated acts in respect of several matters and particularly concerning:

· the establishment of production processes for obtaining aromatised wine products;

· criteria for the demarcation of geographical areas and rules, restrictions and derogations related to production in such areas;

· the conditions under which a product specification may include additional requirements;

· the establishment of the conditions to be complied with in respect of an application for the protection of a geographical indication.

Implementing powers: in order to ensure uniform conditions for the implementation of the Regulation, the Commission will have iimplementing powers regarding, inter alia:

the methods of analysis for determining the composition of aromatised wine products; decisions on conferring protection on geographical indications and on rejecting applications for such protection; decisions on cancelling the protection of geographical indications and of existing geographical designations; decisions on approval of application for amendments in the case of minor amendments to the product specifications; the information to be provided in the product specification with regard to the definition of geographical indication.

The Committee on the Environment, Public Health and Food Safety adopted the report by Paolo BARTOLOZZI (EPP, IT) on the proposal for a regulation of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products.

The Committee on Agriculture and Rural Development, in exercising its prerogatives as an associated committee in accordance with Article 50 of Parliament’s Rules of Procedure , was also consulted for an opinion on this report.

The committee recommends that the position of the European Parliament in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:

Aromatised wine products : Members feel that it is important to mention in the definition all aspects of the manufacture of these products (aromatisation, addition of alcohol where applicable, sweetening and colouring), so as to bring the text into line with the content of Annexes I and II. Furthermore, they want to clarify: (i) the addition of alcohol is allowed for aromatised wines but not for other product categories, except those for which a specific exception is made in the definitions set out in Annex II; (ii) organic aromatised wine products may be produced in accordance with Council Regulation (EC) 834/2007.

Sales denominations : in order to ensure legal coherence between the text and the annexes, Members mentioned again: (i) the principle of exclusivity such that only the sales denominations listed in Annex II may be used in the Union; (ii) the possibility of special provisions applicable to certain traditional products, such as the use of more than one sales denomination for the same product. An alcoholic beverage not fulfilling the requirements laid down in the Regulation shall not be described, presented or labelled by graphic components that are liable to mislead the consumer.

Additional terms : Members consider that the terms ‘semi-sweet’ and ‘sweet’ may be accompanied by an indication of the sugar content , expressed in grams of invert sugar per litre as proposed by the Commission.

Indication of the place of provenance : if the provenance of a product is given, it must also refer to the provenance of the grapes , in order not to mislead consumers.

Labelling : an amendment stipulates that sales denominations and additional particulars shall appear in a language easily understood by the consumers of the Member States where a wine product is marketed.

Protection : protected geographical indications and aromatised wine products should be protected against any other false or misleading indication as to the provenance, origin, composition, wine and/or alcohol content, production method or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the wine product concerned.

Delegated powers : Members take the view that the updating of sales denominations and descriptions of aromatised wine products is, in fact, an essential element of this Regulation and therefore it should not be made through delegated acts, as the Commission suggests, but through the ordinary legislative procedure.

However, in order to ensure product quality and traceability , the Commission shall be empowered to adopt delegated acts concerning the information to be provided in the product specification with regard to the link between the geographical area and the final product. In addition, checks and verification tasks should be regarded as a non-essential element of the Regulation requiring adoption by means of delegated acts.

Amendment of the Annexes: Members also consider it necessary to amend the annexes in the light of technical and legislative developments in this sector. Specifically, on account of developments in sweetening techniques and practices since 1991, the list of sweetening methods allowed for vermouth should be extended to bring it into line with the practices already provided for in Annex I. Furthermore, the definition of egg-based aromatised wine should be changed in view of the fact that there is no specific method for measuring its cholesterol content.

Lastly, it is important to protect the word ‘Sangria’, which originated in Spain and Portugal.

PURPOSE: to lay down rules on the definition, description, presentation and labelling of aromatised wine products as well as on the protection of geographical indications of aromatised wine products .

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: Council Regulation (EEC) N° 1601/91 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails and Commission Regulation (EC) No 122/94 have proved successful in regulating the aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails, hereinafter called “aromatised wine products”. However, in the light of technologic innovation, market developments and evolving consumer expectations it is necessary to update the rules applicable to the definition, description, presentation, labelling and protection of geographical indications of certain aromatised wine products, while taking into account traditional production methods.

This proposal replaces Commission proposal which the Commission decided to withdraw in the 2011 Commission Work Programme which has been communicated to the other institutions.

IMPACT ASSESSMENT: no impact assessment was carried out. The main European producers and national organisations were consulted informally and did not expect significant impacts. A consensus exists among the producers of aromatised wine products to keep the same framework and similar rules; only minor technical adjustments seem to be necessary. Those were communicated to the Commission services by the representatives of the sector.

LEGAL BASIS: Article 43(2) and Article 114 of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: this proposal simplifies the existing rules by introducing limited changes to improve the readability and clarity of the rules on the definition, description, presentation and labelling of aromatised wine products as well as on the protection of geographical indications of aromatised wine products.

Alignment with the Treaty on the Functioning of the European Union (TFEU) : one of the main objectives of the present proposal consists in aligning Council Regulation (EEC)

N° 1601/91 on new comitology rules:

the objectives and principles and other essential elements regarding the definition, the description, the presentation, the labelling and the protection of geographical indications of aromatised wine products are determined by the Legislator; the Commission should be able to adopt, by means of a delegated act , in accordance with Article 290 of the TFEU, the production processes, the methods of analysis, the necessary amendments of the definitions, the requirements, the restrictions, the sales denominations and the descriptions, the necessary rules for the geographical indications and the necessary rules for exchange of information; the Legislator should grant the Commission the power to adopt implementing acts, in accordance with Article 291(2) of the Treaty, specifically with regard to the uniform application of the rules on aromatised wine products related to geographical indications, to administrative and physical checks and to exchange of information.

Other amendments : the proposal does not change the scope of the existing rules for the sector, and has no significant impact as it corresponds to an adaptation to obligations already taken on by the Union. In particular, the proposal:

enhances applicability, readability and clarity of the Union legislation on aromatised wine products; introduces a well defined quality policy for aromatised wine products based on the present definitions of products; updates certain sales denominations, in the light of the possibility to increase the level of wine instead of directly adding alcohol, and so ensuring that the consumer is properly informed; adapts the Union rules to new technical requirements; adapts the Union rules to WTO requirements, including the Trade-Related Aspects of Intellectual Property Rights agreement (TRIPs agreement).

BUDGETARY IMPLICATIONS: this proposal has no implications for the Union budget.

DELEGATED ACTS: the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission.

PURPOSE: to lay down rules on the definition, description, presentation and labelling of aromatised wine products as well as on the protection of geographical indications of aromatised wine products .

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: Council Regulation (EEC) N° 1601/91 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails and Commission Regulation (EC) No 122/94 have proved successful in regulating the aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails, hereinafter called “aromatised wine products”. However, in the light of technologic innovation, market developments and evolving consumer expectations it is necessary to update the rules applicable to the definition, description, presentation, labelling and protection of geographical indications of certain aromatised wine products, while taking into account traditional production methods.

This proposal replaces Commission proposal which the Commission decided to withdraw in the 2011 Commission Work Programme which has been communicated to the other institutions.

IMPACT ASSESSMENT: no impact assessment was carried out. The main European producers and national organisations were consulted informally and did not expect significant impacts. A consensus exists among the producers of aromatised wine products to keep the same framework and similar rules; only minor technical adjustments seem to be necessary. Those were communicated to the Commission services by the representatives of the sector.

LEGAL BASIS: Article 43(2) and Article 114 of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: this proposal simplifies the existing rules by introducing limited changes to improve the readability and clarity of the rules on the definition, description, presentation and labelling of aromatised wine products as well as on the protection of geographical indications of aromatised wine products.

Alignment with the Treaty on the Functioning of the European Union (TFEU) : one of the main objectives of the present proposal consists in aligning Council Regulation (EEC)

N° 1601/91 on new comitology rules:

the objectives and principles and other essential elements regarding the definition, the description, the presentation, the labelling and the protection of geographical indications of aromatised wine products are determined by the Legislator; the Commission should be able to adopt, by means of a delegated act , in accordance with Article 290 of the TFEU, the production processes, the methods of analysis, the necessary amendments of the definitions, the requirements, the restrictions, the sales denominations and the descriptions, the necessary rules for the geographical indications and the necessary rules for exchange of information; the Legislator should grant the Commission the power to adopt implementing acts, in accordance with Article 291(2) of the Treaty, specifically with regard to the uniform application of the rules on aromatised wine products related to geographical indications, to administrative and physical checks and to exchange of information.

Other amendments : the proposal does not change the scope of the existing rules for the sector, and has no significant impact as it corresponds to an adaptation to obligations already taken on by the Union. In particular, the proposal:

enhances applicability, readability and clarity of the Union legislation on aromatised wine products; introduces a well defined quality policy for aromatised wine products based on the present definitions of products; updates certain sales denominations, in the light of the possibility to increase the level of wine instead of directly adding alcohol, and so ensuring that the consumer is properly informed; adapts the Union rules to new technical requirements; adapts the Union rules to WTO requirements, including the Trade-Related Aspects of Intellectual Property Rights agreement (TRIPs agreement).

BUDGETARY IMPLICATIONS: this proposal has no implications for the Union budget.

DELEGATED ACTS: the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission.