Regolamento di esecuzione (UE) 2018/775 - Indicazione della provenienza sull'etichetta dei prodotti vitivinicoli.

Ref. Ares(2019)4475285 - 11/07/2019

EUROPEAN COMMISSION

DIRECTORATE-GENERAL FOR AGRICULTURE AND RURAL DEVELOPMENT Deputy Director-General, in charge of Directorates G, H and I

Brussels,

AGRI.DDG3/RM/rr (2019) 4313977

Dear Mr Sanchez Recarte,

In reply to your letter of 4 June 2019, concerning the indication of the provenance on the label of grapevine products, please note the following.

- Article 26 of Regulation (EU) No 1169/2011 establishes general rules and requirements regarding the indication of the country of origin or place of provenance of foods, which apply without prejudice to the specific Union provisions. According to Article 26(3) of Regulation (EU) No 1169/20111, where the country of origin or the place of provenance of a food is given and where it is not the same as that of its primary ingredient, the country of origin or place of provenance of the primary ingredient in question shall also be given or indicated as being different to that of the food. Commission Implementing Regulation (EU) 2018/7752 lays down the modalities for the application of Article 26(3) of the Regulation.

- According to Article 119(1)(d) of Regulation (EU) No 1308/20133, the indication of the provenance is compulsory for grapevine products. The detailed rules for the indication of provenance on the label of those products, including sparkling wines, are set out in Article 45 of Commission Delegated Regulation (EU) 2019/334.

- In the light of the above, it is to be concluded that the rules concerning indication of provenance laid down in Article 119(1)(d) of Regulation (EU) No 1308/2013 and Article 45 of Commission Delegated Regulation (EU) 2019/33 represent specific Union provisions, which prevail over the general rule of Article 26 of Regulation.

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1 Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers - OJ L 304, 22.11.2011, p. 18–63

2 OJ L 131, 29.05.2018, p. 8.

3 Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products - OJ L 347, 20.12.2013, p. 671–854

4 Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation - OJ L 9, 11.1.2019, p. 2–45

Mr Ignacio Sanchez Recarte

Comité européen des Entreprises Vins (CEEV)

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Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111

(EU) No 1169/2011. Therefore, Article 26 and Commission Implementing Regulation (EU) 2018/775 do not apply to the labelling of grapevine products referred to in Part II of Annex VII of Regulation (EU) No 1308/2013.

The present opinion is provided on the basis of the facts as set out in your letter of 4 June 2019, it expresses the view of the Commission services and does not commit the European Commission. In the event of a dispute involving Union law it is, under the Treaty on the Functioning of the European Union, ultimately for the Court of Justice of the European Union to provide a definitive interpretation of the applicable Union law.

Yours sincerely,

Michael SCANNELL

Acting Deputy Director-General