Wine Law

11 contained in the labelling and presentation of wine. However, Article 100(3) provides that where the name of a wine grape variety contains or consists of a protected designation of origin or a protected geographical indication, that name shall not be used for the purposes of labelling agricultural products. Article 120(2)(b) authorises Member States to draw up lists of excluded wine grape varieties that cannot be included as optional particulars for wines without a protected designation of origin or a protected geographical indication in particular if there is a risk of confusion for consumers as to the true origin of the wine due to the fact that the wine grape variety forms an integral part of an existing protected designation of origin or a protected geographical indication. 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. However, in order 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. If only one wine grape variety or its synonym is named, at least 85 % of the product must have been made from that variety. 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 listed in Annex IV to the Regulation. Part A of Annex IV contains a list of wine grape variety names and their synonyms that consist of or fully contain a protected designation of origin or geographical indication. Part B of Annex IV contains a list of wine grape variety names and their synonyms that only partially contain a protected designation of origin or geographical indication and directly refer to its geographical element. In both cases, homonymous wine grape variety names may only 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.