Brussels, 27/02/2012 (Agence Europe) - The European Commission sent a reasoned opinion to France on Monday 27 February, requesting that it amend its rules on the production and marketing of certain products obtained by distilling lees and marcs. The case relates to the authorisation given to approved distillers by the French authorities for the production, on an experimental basis, of wine spirits and wine distillates by distilling the by-products of winemaking (marcs and lees), with a view to marketing them under the names “eaux-de-vie de vin” and “distillats de vin”.
The Commission considers that France, by accepting that the products be marketed under a name referring to wine although the raw materials used for their production are by-products of winemaking, is failing to meet its obligations under Regulation (EC) No 110/2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks.
After the Commission sent a letter of formal notice, the French authorities undertook to end the practice for products obtained from marcs, but continued with those obtained from lees. The Commission has therefore requested amendment of the rules. In the event of failure to comply within two months, the Commission may refer the matter to the Court of Justice of the European Union. The practice against which these infringement proceedings have been launched is in breach of European Union rules and has had an economic impact on other member states' producers of wine spirits, wine distillates and wine traditionally intended for these products, who have lost a substantial market share. Using a raw material obtained at a nominal price (because it is a by-product) has conferred a competitive advantage in the marketing of the products concerned (wine spirits and wine distillates) compared with other member states' distillers which use wine in accordance with the EU rules in force. (LC/transl.rt)