Wine Law

366 WINE LAW Article [3(1)(4)] of the International Standard initially contained an additional requirement that the varietal wine, if its label includes a grape variety name, it must benefit from a recognised appellation of origin or a recognised geographic indication. However, in order to avoid unnecessary obstacles to international trade, this intent was deleted in 2010 by Resolution OIV/ECO 396/2010. 4.3. European Union law European Union law also addresses the relation between names of grape varieties and geographical indications for wine within its provisions on wine labelling. Under Article 120(1) of Regulation (EU) No 1308/2013, the name of one or more wine grape varieties from which the wine is produced is one of the optional particulars that may be contained in the labelling and presentation of wine. However, Article 100(3) provides that when the name of a wine grape variety contains or consists of a PDO or PGI, that name shall not be used for the purposes of labelling agricultural products. Article 120(2)(b) authorises the Member States to draw up lists of excluded wine grape varieties that cannot be included as optional particulars for wines without a PDO or PGI, especially if there is a risk of confusion for consumers as to the true origin of the wine since the wine grape variety forms an integral part of an existing PDO or PGI. It follows that, as a general rule, grape variety names that are homonymous with geographical indications cannot be used in the EU as customary names of varietal wines. Notwithstanding, to take into account existing labelling practices that might go against this principle, Article 100(3) empowers the Commission to adopt delegated acts laying down exceptions from that rule. Accordingly, Commission Delegated Regulation (EU) 2019/33 39 specifies, in Article 50, the conditions under which the name of a wine grape variety may be used as an optional particular in wine labelling: (i) if only one wine grape variety or its synonym is named, at least 85% of the product must have been made from that variety; and (ii) if two or more wine grape varieties or their synonyms are named, 100% of the product concerned must have been made from these varieties, and the wine grape varieties must appear on the label in descending order of the proportion used and in characters of the same size. Exceptions to the prohibition of use in wine labelling of homonymous grape variety names are 39 Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 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, C/2018/6622, OJ L 9, 11.1.2019, pp. 2-45.