This is a simplified version of the Questions and answers on the implementation of new EU wine labelling provisions following the amendment of Regulation (EU) No 1308/2013 of the European Parliament and of the Council and Commission Delegated Regulation (EU) 2019/33 published here.
(2) How should the new compulsory information be presented on the label?
The nutrition declaration and the list of ingredients must be presented in the same field of vision of the container as other compulsory particulars, be simultaneously legible without having to turn the container, in indelible characters and must be clearly distinguishable from surrounding text or graphics.
Where all compulsory information is presented on the package or the attached label, the compulsory particulars to appear in the same field of vision are, thus, the following:
(i) the designation of the category of grapevine product (including if relevant the term ‘de-alcoholised’ / ‘partially de-alcoholised’);
(ii) the term ‘protected designation of origin’ (PDO) or ‘protected geographical indication’ (PGI), and its name, for wines with a PDO/PGI;
(iii) the actual alcoholic strength by volume;
(iv) the indication of provenance;
(v) the name of the bottler or, for certain product categories (4, 5, 6, 7), the name of the producer or vendor, as relevant;
(vi) the net content;
vii) the sugar content in case of sparkling wine categories (4, 5, 6, 7);
(viii) the nutrition declaration;
(ix) the list of ingredients;
(x) the minimum date of durability for grapevine products which have undergone a de-alcoholisation treatment.
Where the nutrition declaration and/or the list of ingredients are provided by electronic means, the link (QR code or similar) to the nutrition declaration and/or list of ingredients must be presented on the label in the same field of vision as the other compulsory particulars.
Where the full nutrition declaration is provided by electronic means, the energy value to be displayed on the package or on the label must be presented in the same field of vision as the other compulsory particulars.
Where the full list of ingredients is provided by electronic means, the substances causing allergies or intolerances must be presented on the package or on the label, but not necessarily in the same field of vision as other compulsory information.
The derogation for certain compulsory particulars to appear outside the same field of vision applies also to the indication of the importer, the lot number, and the date of minimum durability (in case of de-alcoholised wines).
(3) At the date of application of the new labelling provisions, which wines in which stage of marketing must show nutrition declaration and list of ingredients? E.g. wine in tank/keg/ barrels or only bottled wine?
As a general rule, these new compulsory particulars must apply to wines placed on the market from 8 December 2023. However, wines ‘produced’ before that date may continue to be placed on the market following the labelling requirements applicable before 8 December 2023, until stocks are exhausted.
… particulars that are required to be provided to the final consumer; this applies irrespective of the container where the food is marketed.
(4) When can a wine be considered as produced?
According to the EU legislation, production of wine encompasses not only alcoholic fermentation but also potentially the implementation of some oenological practices.
In this context, a grapevine product is considered ‘produced’ when it achieves the characteristics and requirements to be considered as such, including through the implementation, when relevant, of authorised oenological practices.
As an example, ‘Wine’ means the product obtained exclusively from the total or partial alcoholic fermentation of fresh grapes, whether or not crushed, or of grape must. In addition, wine must have achieved the required alcoholic strength and acidity content.
In the case of a ‘sparkling wine’, when produced through second alcoholic fermentation, it can only be considered as ‘produced’ after the second fermentation has taken place, and the product has achieved its alcoholic strength and excess pressure conditions. The simple vinification of the base wines or the preparation of the cuvée before 8 December 2023 would not justify an exemption from nutritional labelling.
Following production other oenological practices can be implemented, for the purposes of ensuring proper preservation or proper refinement of a grapevine product.
(5) How would the labelling rules be verified, in particular concerning the ‘produced’?
All domestic or imported wines placed on the EU market after 8 December 2023 must, in principle, meet the new labelling requirements. However, wine produced before 8 December 2023 may continue to be placed on the market in line with the labelling requirements applicable before that date until stocks are exhausted. As regards imported wines, wines imported before this date are considered as produced before and therefore eligible to this exemption.
List of Ingredients
(6) What form should the list of ingredients have?
Concerning the presentation of the list:
The list of ingredients shall be preceded by a heading that contains the word ‘ingredients’.
The list shall display the ingredients in descending order of weight. The ingredients constituting less than 2 % of the finished product may be listed in a different order after the other ingredients.
Ingredients shall be designated by their specific name, with some exceptions (e.g. ‘grapes’ referring to the raw material).
(7) How to name the additives and processing aids used in wine production? Should the additives be presented together with their technological function?
The designation of additives in the list of ingredients must be done by the name of their functional category, followed by their specific name or, if appropriate, the E Number.
There is the option to indicate additives under the categories ‘acidity regulators’ and ‘stabilising agents’ that are similar or mutually substitutable by using the expression ‘contains… and/or’, followed by no more than three additives, where at least one of them is present in the final product.
(8) Are only allergenic additives and processing aids to be indicated in the list of ingredients?
Food additives are considered an ingredient in line with the general definition of ‘ingredient’ and therefore all additives used in wine production are an integral part of the list of ingredients. Food additives and enzymes used as processing aids are not required to be included in the list of ingredients. However, it is mandatory to indicate any ingredient or processing aid causing allergies or intolerances used in the manufacture of the product and still present in the finished product, even in an altered form.
In summary, the list of ingredients must contain all additives and the processing aids causing allergies or intolerances used in the production of the labelled wine and still present in the finished product.
(9) How to deal with allergenic substances in the label?
All substances causing allergies or intolerances present in the finished product, even in an altered from, must be indicated on the label. There are two possibilities for their presentation on the label:
a)
Where the list of ingredients is presented on the label, all substances causing allergies or intolerances must be indicated as ingredients in the list of ingredients The name of the substance or product must be emphasised through a typeset that clearly distinguishes it from the rest of the list of ingredients, for example by means of the font, style or background colour.
b)
Where the list of ingredients is presented by electronic means, all substances causing allergies or intolerances must be indicated on the package or the label attached thereto. Their presentation must be preceded by the word ‘contains’, followed by the name of the corresponding substance(s) or product(s). In such case, the full list of ingredients presented by electronic means should follow the same rules as described in paragraph a).
(11) What are the rules for indicating the substances causing allergies or intolerances in the label?
The terms sulphites/sulfites, eggs and egg-based products and milk and milk-based products should continue to be used also in the list of ingredients for consistency reasons and considering that consumers are familiar with them.
However, there are the substances causing allergies or intolerances, other than those listed above. In these very limited cases, the substances causing allergies or intolerances must be listed in accordance with their specific name (e.g. ‘wheat protein’).
(12) Should the substances used for enrichment be indicated in the list of ingredients?
Yes, the substances used for enrichment are considered as ingredients insofar as they are added during the manufacture and present in the final product, even if in an altered form, and therefore should be indicated in the list of ingredients.
(13) How to mention sugar for enrichment in the list of ingredients?
Concentrated grape must and rectified concentrated grape must can be each replaced by the term ‘concentrated grape must’ or they can be grouped together and appear in the list of ingredients as ‘concentrated grape must’ only. Sucrose, the other substance allowed for enrichment, must be listed separately. ‘All types of sucrose’ can be designated by the name ‘sugar’, though that designation is not compulsory.
(14) Do yeasts have to be listed as ingredients?
Yeasts used for wine production do not have to be listed as ingredients since they are used as processing aids. Other components or parts of the yeasts used with distinct functions in wine production, are also considered processing aids and therefore fall under the same exemption. The only yeast compound that must be mentioned in the list of ingredients is yeast mannoprotein since this is used as an additive.
(15) If all possible alternatives in the group of acidity regulators and stabilising agents are indicated in the labelling, is there a specific order in which they shall be indicated?
No.
(16) Should the terms ‘bottled in a protective atmosphere’ or ‘bottling may happen in a protective atmosphere’ be followed by an indication of the packaging gas used or, alternatively, should the possible packaging gas alternatives be listed?
‘The indication of additives falling under the category “packaging gases” in the list of ingredients may be replaced by the specific particular “Bottled in a protective atmosphere” or “Bottling may happen in a protective atmosphere” ’. If one of these specific particulars is used, the specific gases used do not have to be separately listed neither in the list of ingredients, nor in addition to the specific particular. The reference to packaging gases displayed with the above specific particulars must be presented, when used, in the same field of vision as the list of ingredients.
Where the packaging gases are indicated in the list of ingredients (i.e., if the specific particular is not used), they should be presented following the same rules as any other additives (i.e., functional category, followed by the name or, if appropriate, E number).
(18) How should the main ingredient of a wine be indicated on the label? According to the definition, wine is made from whole or crushed grapes or grape must. Grape must is a natural intermediate product made directly from grapes. In which situations, therefore, should must be indicated as an ingredient and in which situations should grapes be indicated as an ingredient?
The indication of the raw materials that constitute ‘the main ingredient’ of wine can be done by listing exactly whether grapes, crushed grapes and/or grape must have been used, or by replacing them all by the single term ‘grapes’. The provision offers a possible simplification to operators, that they can apply on a voluntary basis.
Nutrition Declaration
(19) What is the form to present the nutrition declaration? Should it be a table, or are there other possible forms?
If space permits, the nutrition declaration must be presented in tabular format with the numbers aligned. Where space does not permit the tabular presentation, a linear format may be used. When the nutrition declaration is provided by electronic means the nutrition declaration should be presented always in tabular format with the numbers aligned, as space limitations would not apply.
The order of presentation of the different elements of the nutrition declaration is: Energy, Fat (of which saturates, …); Carbohydrate (of which sugars, …); Protein, Salt. Or, in tabular format:
energy
fat
of which
-saturated
carbohydrates
of which
-sugars
protein
salt
Where the content of the nutrition declaration on the package or the label is limited to the energy value, i.e., in cases where the full nutrition declaration is provided by electronic means, the energy value can be stated using the symbol ‘E’ followed by the value.
(20) The FIC Regulation foresees – besides the energy value – the declaration of the amounts of fat, saturates, carbohydrate, sugars, protein, and salt. If there is no content in wine (e.g. for fat or saturated fat) has the content to be shown by ‘0’ or is there simply no need to show fat on the label?
In the cases where the energy value or the amount of nutrient(s) in a product is negligible, the information on those elements may be replaced by a statement such as ‘Contains negligible amounts of …’ indicated in close proximity to the nutrition declaration.
Otherwise, all the compulsory elements must be indicated, including when their content accounts for zero values.
(21) Is any other component, besides fat, saturates, carbohydrate, sugars, protein, and salt necessary in the nutrition declaration?
The mandatory nutrition declaration must include the energy value and the amounts of fat, saturates, carbohydrate, sugars, protein, and salt. The mandatory content may be supplemented with an indication of the amounts of one or more of the following, where relevant: mono-unsaturates; polyunsaturates; polyols; starch; fibre; vitamins or minerals and present in significant amounts.
(22) How are the values of the different nutrition elements fixed? Is an analysis for every wine and every harvest necessary or can values also be calculated (e.g. for calories via the alcohol content and the residual sugar)?
The values in the nutrition declaration are average values, based on: a) the manufacturer’s analysis of the food; b) the known or actual average values of the ingredients used; or c) generally established and accepted data.
The energy value must be calculated using the conversion factors provided and indicated in kilojoules (kJ) and kilocalories (kcal), indicating the kilojoules in the first place and kilocalories in the second place.
Energy values and nutrition values must be indicated per 100 g or per 100 ml.
(23) Due to the nature of wine production, individual batches may differ from one another. What is the tolerance limit for the difference between the information on the label and the actual energy and nutrient content of the wine?
The energy value and the amount of nutrients should be labelled as the ‘average value’ that is defined as the value that best represents the amount of the nutrient, which a given food contains, and reflects allowances for natural variability of foodstuffs, seasonal variability, patterns of consumption and other factors, which may cause the actual value to vary.
The Commission services issued a Guidance document for Member States’ competent authorities with regard to the setting of tolerances for nutrient values declared on a label.
The Guidance document states that food business operators should act in good faith to ensure a high degree of accuracy of the nutrition declaration. In particular, declared values should approximate to the average values across multiple batches and should not be established at either extreme of a defined tolerance range.
(24) What are the tolerances between the values shown on the label and the real content in the wine, in the case where the shown values might change during the years the wine ages?
The energy value and the amounts of nutrients must be those of the food as sold, considering also the tolerances referred to in the previous question.
(25) What size should the characters have?
The size of the characters of the compulsory particulars, including the characters used to present the nutrition declaration and the list of ingredients, must be equal to or greater than 1,2 mm, regardless of the character format used.
Electronic Labelling
(26) Will a specific system/software for providing information by electronic means be compulsory? Can the full nutritional information provided by electronic means indicated on the packaging be done by the less common 2d codes?
It is not specified which electronic means should be used for providing off-label the nutrition declaration and the list of ingredients, nor any specific electronic types of access to such information. The only condition is that the system to be used must not collect or track user data. The Commission does not have a corresponding empowerment to define any further rules on e-labelling or specific electronic means to be used.
The provision of information can in principle be made by any electronic means, electronic labelling or e-labelling means accessible by the public through a barcode of any kind (QR, 2D other than QR, 1D, a chip) that provides a link to online information, which can be retrieved by using universal access tools (i.e., a smartphone).
The display of the link to the electronic information on the package or on the label must appear directly on the package or on a label, marked in a conspicuous place in such a way as to be easily visible, clearly legible and, where appropriate, indelible. It must not in any way be hidden, obscured, detracted from or interrupted by any other written or pictorial matter or any other intervening material.
Moreover, it should provide easy, direct, and universal access to the information, in a way that is comparable to the presence of the particulars on the package or the attached label. Providing highly specialised or uncommon means of access to information does not fulfil the aims of e-labelling and would appear inappropriate as a supporting tool for the provision of information to consumers.
(27) Can the full nutrition declaration and the list of ingredients available by electronic means be done by a QR code on the wine label, linking to an electronic label containing the full declaration and list of ingredients?
Both the nutrition declaration and the list of ingredients may be provided ‘by electronic means identified on the package or on a label attached thereto’. QR codes are indeed one possible method to give consumers access, on the label or on the package, to the electronic information referred to above.
(28) Can a QR code be added as an additional ‘sticker’, besides the original bottle label, or has it to be part of the producers’ original label?
‘Labels must not be easily removable so as to jeopardise the availability or the accessibility of the mandatory food information to the consumer’ irrespective of whether the QR code would be a sticker or not.
(29) Are there any design specifications regarding the nutrition declaration and electronic portrayal of it, or if it is open to design customization?
The rules for presenting the nutrition declaration are those described in the section above, in particular in Question 19. Those rules apply to the nutrition declaration, be it presented on the physical label or by electronic means.
(30) Is it possible to link, via a QR Code or similar, the ‘electronic label’ presenting the full nutrition declaration and list of ingredients to the homepage of the producer as a part of its website?
No. The information on the full nutritional declaration and list of ingredients shall not be displayed with other information intended for sales or marketing purposes, and no user data shall be collected or tracked. In the view of the Commission services, the presentation of this compulsory information as part of the producers’ website does not seem to comply with these conditions, as the website of a wine producer is typically expected to contain commercial information relevant for marketing and/or sales. In addition, websites normally track information on the users.
The electronic means/platform on which the information is placed should provide the same guarantees as the ones in place when the information is displayed on the package or the attached label in terms of readability, stability, reliability, durability, and accuracy of the information during the whole life of the product. Guaranteeing these features seems questionable if the information would be placed in a producer’s website that could be easily modified at any time, even when the product is already on the market.
(31) Can manufacturers specify additional QR codes on labels other than codes that are ‘electronic means’ on which marketing information is displayed?
Labelling of grapevine products may not be supplemented by any additional particulars unless such particulars satisfy set requirements.
Food information provided on a voluntary basis shall not mislead the consumer; shall not be ambiguous or confusing for the consumer; and shall, where appropriate, be based on the relevant scientific data. Such information shall not be displayed to the detriment of the space available for mandatory food information.
Any use of additional QR codes should not mislead or create confusion to consumers and should not detract any space from the one available for compulsory particulars, which would include the codes providing access to compulsory information by electronic means.
(32) Is it possible to make one single QR code, which will perform the role of EAN code and will also be the bearer of mandatory data, such as the list of ingredients and nutrition values?
In the case of the compulsory labelling information that is provided via electronic means (list of ingredients and nutrition declaration), the target public are the consumers, who should be able to obtain immediate access to information which is accurate and not misleading to them. The EAN information is not aimed at the consumers, but to facilitate operators (manufacturers, sellers, suppliers) to identify the merchandise and facilitate and monitor marketing operations.
The use of one single QR code is not excluded if it ensures, when scanning it, a clear dissociation of the information aimed at the consumers and at commercial operators, respectively. In other words, it should prevent the exposure of consumers to the information that is irrelevant to them when scanning the single code.
(33) Would a website address printed on the label where the consumer can find the relevant information meet this requirement?
A simple website address printed on label cannot be considered to fulfil the labelling obligations concerning the provision of compulsory particulars by electronic means. By definition, the relevant information must be directly accessible through a machine-readable code that provides direct access to the relevant information. A universal access machine, such as a smartphone, must be able to read/scan the code on the label and direct the user immediately to the relevant information.
(34) Is it possible that the labels of different wines from the same producer will contain additional information, by electronic means, on the same website, or should each type of wine have a separate website link?
Compulsory information (list of ingredients, nutrition declaration) of different wines provided by electronic means may be presented on the same site, but the link of each particular label should unambiguously lead to display specific information for one or several batches of one single reference wine product, in a clearly differentiated way and providing a simple access for consumers to the right information, avoiding any possibility of misleading them, in exactly the same manner as an individual paper label does to identify one specific food product.
(35) Regarding ‘data collection’, we would like to know whether the consent of the data subject could make the data collection legitimate.
The information on the full nutritional declaration and list of ingredients shall not be displayed with other information intended for sales or marketing purposes, and no user data shall be collected or tracked. There are no exceptions to this rule, and therefore it does not allow to request the consent of the user on whether their data can be tracked or not. In addition, the access to compulsory information by consumers/users should be direct and without any intermediate steps, such as filling any forms or queries, or passing through intermediate sites. The Commission services expect that the code, once read/scanned, takes the user immediately and directly to the compulsory labelling information.
(36) What is the interpretation of the European Commission about the concept of ‘for marketing purposes’? To what extent can the inclusion of a claim in the electronic label (e.g. about sustainability, the origin of the product, or certification, etc.) be considered optional information to be legitimately included in the label? And when can this claim be considered ‘marketing’ instead?
We are refering here to ‘information intended for sales or marketing purposes’. This should be interpreted as presenting the compulsory information in a neutral environment which ensures that the attention of the reader is not engaged towards fostering the purchase of the product, be it directly (e.g. through website links, promotion, indication of sales points, etc.) or indirectly (e.g. through designs adding visual or sonic appeal, phrases or statements that may appeal the consumer, commercial language or other commercial strategies that aim at influencing the purchasing behavior and decision of consumers).
The provision of other additional voluntary information on the label (e-labels included) is regulated and according to such regulation labelling of grapevine products may not be supplemented by any additional particulars unless they satisfy the set requirements: food information provided on a voluntary basis shall not mislead the consumer; shall not be ambiguous or confusing for the consumer; and shall, where appropriate, be based on the relevant scientific data. In addition, such information shall not be displayed to the detriment of the space available for mandatory food information.
(37) Would the inclusion on the label of a link to a winery’s e-commerce website considered a marketing purpose?
The inclusion of an e-commerce website or a winery website is undoubtedly considered as ‘marketing purpose’.
(38) How should the information provided by electronic means be identified on the label to inform about the content of the electronic means? Can the QR code be identified with a symbol (e.g. the letter ‘i’ intended for ‘information for consumers’) or should it explicitly refer with wording to the mandatory information the QR code leads to? Would a wording be too much burdensome and risk of fragmenting the internal market?
‘Mandatory food information shall be marked in a conspicuous place in such a way as to be easily visible, clearly legible and, where appropriate, indelible. It shall not in any way be hidden, obscured, detracted from, or interrupted by any other written or pictorial matter or any other intervening material.’ If there is no clear reference on the label as to the content of the information provided by electronic means, consumers can hardly interpret and understand the nature of the information (compulsory or not) contained in the link. This can be considered as mandatory information being hidden, non-conspicuous and non-easily visible.
The presentation of a QR code should therefore be clear for the consumers regarding its content i.e., the compulsory information that is presented by electronic means. Generic terms or symbols (like an ‘i’) are not sufficient to fulfil the requirements of this provision. Where the information provided by electronic means (identified by e.g. a QR code) is the list of ingredients, a heading, must be used, in the same way as the current practice used for the paper labels for other food (i.e. containing the word ‘ingredients’).
(40) Does the consumer have the right to access the QR code landing page for an extended period? Will the Commission make a recommendation regarding how long the QR code should be available after the sale of the wine?
Mandatory food information must be available, and it must be easily accessible for all foods. The compulsory information provided by electronic means (e.g. a QR code) should remain accessible in a way equivalent to the one of the information provided on a physical label, i.e., it should be available at least along the time period that specific category of wine product is expected to remain suitable for consumption in normal condition of storage, to ensure consumers’ access to the mandatory information at any moment along the expected lifetime of the product. In this respect, the presence and accuracy of the information is the responsibility of the business operator responsible for the food information. In addition, food business operators are responsible for any changes they make to food information accompanying a food.