Article 3 · Regulation (EU) 2021/2117

Contents

Article 3Amendments to Regulation (EU) No 251/2014#

(1)the title is replaced by the following:‘Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation and labelling of aromatised wine products and repealing Council Regulation (EEC) No 1601/91’;

(2)in Article 1, paragraph 1 is replaced by the following:

1.This Regulation lays down rules on the definition, description, presentation and labelling of aromatised wine products.’;

(3)in Article 2, point 3 is deleted;

(4)Article 5 is amended as follows:

(a)paragraph 4 is replaced by the following:‘4.Sales denominations may be supplemented or replaced by a geographical indication of aromatised wine products protected under Regulation (EU) No 1151/2012.’;

(b)the following paragraphs are added:‘6.In the case of aromatised wine products produced in the Union that are destined for export to third countries whose legislation requires different sales denominations, Member States may allow those sales denominations to accompany the sales denominations set out in Annex II. Those additional sales denominations may appear in languages other than the official languages of the Union.7.The Commission shall be empowered to adopt delegated acts in accordance with Article 33 to supplement Annex II in order to take into account technical progress, scientific and market developments, consumer health or consumer needs for information.’;

(5)the following Article is inserted:‘Article 6aNutrition declaration and ingredients list1.The labelling of aromatised wine products marketed in the Union shall contain the following mandatory particulars:

(a)the nutrition declaration pursuant to Article 9(1), point (l), of Regulation (EU) No 1169/2011; and

(a)no user data shall be collected or tracked;

(b)the list of ingredients pursuant to Article 9(1), point (b), of Regulation (EU) No 1169/2011.

(b)the list of ingredients shall not be displayed with other information intended for sales or marketing purposes; and

(c)the indication of the particulars referred to in Article 9(1), point (c), of Regulation (EU) No 1169/2011 shall appear directly on the package or on a label attached thereto.

2.By way of derogation from paragraph 1, point (a), the nutrition declaration on the package or on a label attached thereto may be limited to the energy value, which may be expressed by using the symbol “E” for energy. In such cases, the full nutrition declaration shall be provided by electronic means identified on the package or on a label attached thereto. That nutrition declaration shall not be displayed with other information intended for sales or marketing purposes and no user data shall be collected or tracked.3.By way of derogation from paragraph 1, point (b), the list of ingredients may be provided by electronic means identified on the package or on a label attached thereto. In such cases, the following requirements apply:The indication referred to in the first subparagraph, point (c), of this paragraph shall comprise the word “contains” followed by the name of the substance or product as listed in Annex II to Regulation (EU) No 1169/2011.4.The Commission is empowered to adopt delegated acts in accordance with Article 33 supplementing this Regulation by further specifying the rules for the indication and designation of ingredients for the application of paragraph 1, point (b), of this Article.’;

(6)in Article 8, paragraph 2 is replaced by the following:‘2.The name of the geographical indication of aromatised wine products protected under Regulation (EU) No 1151/2012 shall appear on the label in the language or languages in which it is registered, even where the geographical indication replaces the sales denomination in accordance with Article 5(4) of this Regulation.Where the name of a geographical indication of aromatised wine products protected under Regulation (EU) No 1151/2012 is written in a non-Latin alphabet, it may also appear in one or more of the official languages of the Union.’;

(7)Article 9 is deleted;

(8)Chapter III, containing Articles 10 to 30, is deleted.

(9)Article 33 is amended as follows:

(a)the following paragraph is inserted:‘2a.The power to adopt delegated acts referred to in Article 5(7) shall be conferred on the Commission for a period of five years from 7 December 2021. The power to adopt delegated acts referred to in Article 6a(4) shall be conferred on the Commission for a period of five years from 8 December 2023. 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 shall be 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.’;

(b)paragraph 3 is replaced by the following:‘3.The delegation of power referred to in Article 4(2), Article 5(7), Article 6a(4), Article 28, Article 32(2) and Article 36(1) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect the day following the publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of the delegated acts already in force.’;

(c)paragraph 5 is replaced by the following:‘5.A delegated act adopted pursuant to Article 4(2), Article 5(7), Article 6a(4), Article 28, Article 32(2) and Article 36(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months on the initiative of the European Parliament or the Council.’;

(10)in Annex I, point (1)(a), the following point is added:

(iv)spirit drinks in a quantity not exceeding 1 % of the overall volume.’;

(11)Annex II is amended as follows:

(a)in Part A, point (3), the first indent is replaced by the following:

-to which alcohol may have been added; and’

(b)Part B is amended as follows:

(i)in point (8), the first indent is replaced by the following:

-which is obtained exclusively from red or white wine or both,’;

(ii)the following point is added:

(14)Wino ziołoweAromatised wine-based drink:

(a)which is obtained from wine and in which grapevine products represent at least 85 % of the total volume,

(b)which has been flavoured exclusively with flavouring preparations obtained from herbs or spices or both,

(c)which has not been coloured,

(d)which has an actual alcoholic strength by volume of not less than 7 %’.