The Ministry of Industry, Trade and Crafts - Directorate-General for industrial production The Ministry of Finance Directorate-General Customs and Indirect Taxation Directorate General local finance services General Command Financial Police office. Operating at Ministry of Health '- Directorate General hygiene and food At the Interior Ministry Cabinet Directorate General of PS At the Ministry of Foreign Trade - Directorate General trade agreements Ai Government lords commissioners of the Regions At the State Commissioner for the Region of Sicily the lords commissioners for agriculture in the provinces of Trento and Bolzano the general Command of the carabinieri - NAS At the Court of Auditors - audit Office for the AIMA AIMA - State agency for interventions in the agricultural market Inspectorate central fraud repression at the Directorate-general for agricultural production the Division IX at the Italian permanent Representation to the European Communities '- Brussels to the Commission of the European economic Community' - DG agriculture - Brussels to category regional organizations Institute of vine and wine - Palermo the EEC Commission from the 80's and 'set the goal of achieving a common regulator in the alcoholic beverages sector. The first proposal, which bears the date of 1982, concerned the definition, description and presentation of spirit drinks, vermouths and other flavored wines. This proposal as a result of the work done in the different Community institutions and of the opinion expressed by both the European Parliament and the Economic and Social Committee, and 'was split in 1986 into two distinct proposals for regulations concerning, respectively, the "wines vermouth and other flavored wines "and" spirits ". The first step towards the common regulation of alcoholic beverages and 'was done in practice in June of 1989 with the adoption by the Council of the EEC Regulation n. 1576/89 concerning the "spirits". As it relates to flavored wines the Council in order to take account of commercial importance assumed by certain flavored drinks with low alcohol content it has seen fit to greatly expand the scope of its proposal to include two categories of products, namely the "beverage flavored wine-based "having an alcohol content of between 7 and 14.5% vol. and "wine-flavored cocktail" products with an alcohol content of 1.2 to 7% vol. On this proposal 'was reached, on the occasion of the turn of the Italian Presidency, a common position by the Council. After receiving the report from the European Parliament, the Council held its formal adoption. The agreement, strongly backed by the Italian delegation (and as' known, Italy as well as producing vermouth prestigious and world renown and 'also the country's largest producer of flavored wines), and' materialized in June 1991 with the adoption of the EEC Regulation n. 1601/91. Completed the second step on the common regulation of alcoholic beverages road must 'now provide for the enactment of two regulations aimed at regulating production standards and designation of spirits with an alcohol content of less than 15% vol. and flavored beverages containing wine are obtained by adding alcohol. In view of the application of EEC Regulation n. 1601/91, and as a 'known' was set at 17 December 1991, the implementation committee provided for by that regulation, in its first meeting unanimously gave a favorable opinion 'regarding a proposal on the transitional measures to facilitate the transition from national to Community. Any clarification on the above transitional measures were provided by the Ministry in a circular letter of 6 December 1991, n. F / 2372, a copy of which is attached hereto. In relation to the above and given the fact that the Council Regulation also contains directly applicable rules provide, below, the necessary clarification for the correct application of the new Community legislation. It should be pointed out, finally, that the clarifications they have been previously agreed with the other administrations concerned (Minindustria, Minfinanze, Minsanita '). 1 - AROMATISED. A) Regulation n. 1601/91 provides that, for the preparation of flavored wines, the wines defined can be used in Annex I to the EEC Regulation n. 822/87, points 12 to 18, and exactly: the wine suitable for yielding table wine, table wine, liqueur wine, sparkling wine, aerated sparkling wine, sparkling wine, sparkling wine or aerated their mixtures, possibly with the addition of grape must, partially fermented grape musts and / or fresh grape musts with fermentation arrested with alcohol. In virtue 'of the above the expected limitations art. 6 of the Decree-Law of 11 January 1956, n. 3, converted with amendments into law March 16, 1956, n. 108, according to which for the manufacture of aromatized wines must be employed only national wines of overall strength of not less than 10% vol., They are exceeded. That Regulation provides that the wines used in the preparation of aromatized wines, before they have been subject to enrichment, be present in the finished product in a proportion not less than 75%. It should be pointed out in this connection that grape musts, musts in fermentation, grape must in fermentation arrested fresh grapes with alcohol does not fall under that percentage of 75%. The latter products, therefore, will only increase this percentage to 75%. And 'to keep in mind, also, that the rules laid down by art. 6 of Law no. 108 of 1956 for the minimum percentage of wine to be used in the processing of dried flavored wines (70%), made with marsala (80%) and flavored wines made of vermouth (95%) are no longer 'applicable. They are considered in the rules contained in Regulation No. 1601/91. B) In the preparation of aromatized wines, can be used the following types of alcohol: ethyl alcohol of viticultural origin, wine alcohol or dried grape alcohol, ethyl alcohol of agricultural origin, distillate of wine or dried grape distillate of agricultural origin, spirits distilled from wine or grape marc, spirits distilled from dried grapes which meet the characteristics specified by Community provisions in force. The limitations provided for in art. 15 of the Decree of the President of the Republic n. 162 of 1965 regarding the type of alcohol to be used for the preparation of flavored wines are therefore lapsed. C) Regarding all'aromatizzazione the EU regulation prescribes that can be used natural flavoring substances and / or natural flavoring preparations as defined in art. 1, paragraph 2, letter b), i) and letter c) of the EEC Directive n. 88/388. The possible use of substances and / or preparations identical to natural as defined in art. 1, paragraph 2, point b) ii) of that directive potra 'be admitted, as an exception, with the EEC Commission Regulation. It remains of course understood that, as already 'specified in the aforementioned circular letter n. F / 2372 of 6 December 1991, pending the issuance of the aforementioned Community regulation continue to apply national rules in force before 17 December 1991. D) Concerning the sweetening of the Regulation, in Article flavored wines. 3, point a), lists sweeteners that may be used. Among the aforementioned substances and 'including even the "burnt sugar" which the new regulation by' the following definition: "To Burned sugar 'means the product obtained exclusively from the controlled heating of sucrose without bases, mineral acids or other chemical additives. "It is understood, therefore, that sugar burned unlike the caramel or caramelized sugar is not' considered dye. in this case, therefore, the national rule in art. 6 of law no. 108 must be regarded as outdated. E) the Community Regulation lays down, for aromatised wines, a minimum alcoholic strength by volume equal to or greater 14.5% vol. and a maximum actual alcoholic strength by volume of less than 22% vol. The minimum total alcoholic strength by volume must be equal to or greater than 17.5% vol. except for dry or extra dry-denominated products (tenor into sugars respectively less than 50 g / liter and 30 g / liter) for which the minimum alcoholic strength and 'fixed total, respectively, to 16% vol. and 15%. it is therefore exceeded the national standard referred to 'art. 7 of the Decree-Law of 11 January 1956, n. 3, which provides that the actual alcohol content must not be less than 16% by volume for flavored wines in general and 18% vol. for aromatised wines classified buckets. The EEC Regulation n. 1601/91, with regard to aromatized wines, also defines a few specific products whose names can replace the generic name of "flavored wine". In this regard, it is useful to highlight, for each of them, the main features that distinguish them. Vermouth. The definition of vermouth differs significantly from that of generic flavored wine. This difference and 'due to the fact that for vermouth: can be used only wines in art. 2, paragraph 1, letter a) of Regulation No. 1601/91 without the addition of grape must; including flavoring substances must always be present substances extracted from various species of Artemisia; for sweetening it may be used only burnt sugar, sucrose, grape must, concentrated grape must and rectified concentrated grape must. bitter flavored wine. The definition of this specific drink contains an obligation to follow up the common name the name of the main bitter-flavoring substance. The generic name of "bitter aromatized wine" may 'be supplemented or replaced by: - ​​wine to china, where the main flavoring and' made with the natural aroma of china; - Bitter wine, where the main flavoring and 'made with natural gentian flavoring. This drink should be colored with yellow and / or red dyes authorized; - American, where the main flavoring and 'was made with natural flavoring substances derived from Artemisia and Gentian. Also in this case they must be used the yellow and / or red dyes; - Wine flavored egg, spiced wine in the preparation of which have been added egg yolks quality 'or substances extracted from egg yolks. This drink must have a sugar content of invert sugar, exceeding 200 g / liter and a content in the egg yolk of at least 10 g / liter. The EEC Regulation n. 1601/91 art. 2, paragraph 2, letter c), second and third paragraphs, contains provisions concerning the egg flavored wines in the name of which can also be added to the terms "Cremovo" and "Cremovo eggnog". It recalls, in particular, that an egg-flavored wine to be designated with one of these names must contain Marsala wine in a proportion not less than 80%. In virtue 'of the provisions in paragraph 2 of art. 5 of the law 28 November 1984 n. 851, and the last paragraph of art. 7 of the Decree-Law of 1956, n. 3, must be considered as overcome. Such Community definitions exceed, moreover, the provisions of art. 8 more 'times cited Decree-Law 11 January 1956, n. 3. This 'also applies to the term "wine-based aperitif" which is not' more 'reserved for flavored wines "amaricati" but it' s synonymous with "spiced wine." 2 - AROMATISED WINE-BASED DRINKS. The EEC Regulation n. 1601/91 art. 2, paragraph 1, letter b), states that among the flavored drinks wine-based drinks are classified: - obtained from new wine still in fermentation, wine suitable to yield a table wine, from table wine, as sparkling wine, aerated sparkling wine from, from sparkling wine and aerated semi-sparkling wine as defined in Annex I to the EEC Regulation n. 822/87, with the possible addition of grape must and / or grape must in fermentation; - Which have undergone a flavored with flavoring substances and / or natural flavoring preparations and / or nature-identical as defined in art. 1, paragraph 2, letter b), points i) and ii), and letter c) of the EEC Directive n. 88/388. The use of artificial substances in art. 1, paragraph 2, letter b), point iii) of that directive can 'be authorized with proper application of the EEC Regulation Commission; - Which they have undergone any sweetening; - That, with exceptions, have not been the object of alcohol addition; - Having an actual alcoholic strength equal to or higher than 7% vol. and less than 14,5% vol. The very definition of flavored beverage containing wine also provides that the wines specified in the first indent must be present in the finished product in a proportion not less than 50%. This' means that also in this case in the aforesaid minimum percentage of 50% are not including grape must which, therefore, may possibly only be used in addition to the aforementioned percentage. 3 - COCKTAIL BASED AROMATISED WINE PRODUCTS. The EEC Regulation n. 1601/91 art. 2, paragraph 1, letter c), governs the category of drinks called "flavored cocktail of wine products". This category includes all beverages: - obtained from wine and / or grape must; - Who have had a flavoring: - with flavoring substances and / or natural flavoring preparations and / or nature-identical defined in art. 1, paragraph 2, letter b), i) and ii), and letter c) of the EEC Directive n. 88/388. The use of artificial substances in art. 1, paragraph 2, letter b), point iii) of that directive can 'be authorized with proper application of the EEC Regulation Commission; - Aromatic herbs and / or spices and / or flavoring foodstuffs such as fruit juices; - Which have undergone a possible sweetening and an optional coloring; - Which have not been the subject of alcohol addiction; - Which have an actual alcoholic strength by volume of less than 7% vol. The same definition also provides that wines and musts used in the preparation of aromatized cocktails based on wine products must have the minimum natural alcohol content provided for in Article. 18, paragraph 1, of the EEC Regulation n. 822/87 (ie 'the natural minimum alcohol content planned for the area in which the wine products were obtained and that, as regards Italy, and' of: 8% vol. In CIb area, 8.5% vol. in zone CII and 9% vol. in zone CIII) and must be present in the finished product in a proportion not less than 50%. In this case, unlike the flavored wines and wine-based flavored drinks, for a minimum of 50% percentage also I include the musts. In virtue 'of the above definitions of "flavored beverages containing wine" and "flavored cocktails based on wine products" are now obsolete and no longer, therefore, the provisions' applicable to the Ministerial Decree 19 June 1990, n. 305, which are in contrast to the new EU legislation. Therefore, as of December 17, 1991 subject to the transitional provisions contained in the said circular letter of 6 December 1991, n. F / 2372, the names "wine-based fantasy drink" and "fantasy drink produced from grapes" can no longer 'be used. It seems appropriate to point out that the EEC Regulation n. 1601/91 states that additional designations in addition to those already 'provided may be adopted by a Commission Regulation at the request of the Member States concerned. Therefore, if the industry have interest in using names other than those already 'provided for in the EEC Regulation n. 1601/91, will have to make a request to this Ministry - Directorate-General for Economic protection of agricultural products - Div. VI. 4 - GENERAL RULES. A) Indication of the sugar content. The EEC Regulation n. 1601/91 art. 2, paragraph 5, states that the names "flavored wine", "drink flavored wine-based 'as well as' the specific beverage filming in paragraphs 2 and 3 of that article, can be completed with one of the following, keeping in mind that the sugar content and 'invert sugar: - extra dry when the sugar content and' less than 30 g / liter; - Cleaning: when the sugar content and 'inferior to 50 gr / liter; - Dry seeds: when the sugar content and 'between 50 and 90 gr / liter; - Fresh seeds: when the sugar content and 'comprised between 90 and 130 gr / liter; - Sweet, when the sugar content and 'greater than 130 g / liter. Only the words "semi sweet" and "sweet" may be replaced by indication of the sugar content expressed as invert sugar. It must, therefore, exceeded the national standard in art. 13, letter b) of the Decree-Law of 11 January 1956, n. 3 concerning the mandatory indication on the label of the sugar concentration. In virtue 'of the Community rule, in fact, an indication of the content of sugar and' now optional. B) Exemption for export products. Article. 11 of EEC Regulation No. 1601/91 provides, in principle, that products intended for export to third countries must comply with the provisions of the regulation. Any exceptions may be granted at the request of the producer Member States, with specific EU regulation of the EEC Commission. Again, therefore, subject to the provisions on the transitional period referred to in the Commission Regulation EEC No. 3664/91 of 16 December 1991, the provision in question exceeds the applicable national provisions of art. 20 of the more 'times cited Decree-Law 11 January 1956, n. 3, and art. 9 of the Ministerial Decree of 19 June 1990, n. 305. Therefore, if the operators have an interest in exporting to third countries beverages falling within the scope of application of the EEC Regulation n. 1601/91 but not satisfying the provisions of the regulation, must submit an application to the Ministry of Interior - General Directorate of economic protection of agricultural products - Div. VI, which, where appropriate, will provide 'to a formal request to the EEC Commission. C) Additives allowed, treatments and winemaking practices. About additives, the oenological practices and the treatments that are accurate with regard to wines and musts used as raw materials for the manufacture of the drinks covered by EEC Regulation n. 1601/91, the rules laid down in the EEC Regulation n. 822/87. With regard, however, to products being processed and finished products, shall apply, pending the adoption of Community implementing rules, national rules in force before 17 December 1991. D) the description and presentation standards. Article. 8 of EEC Regulation n. 1601/91 lays down rules for the labeling of beverages covered by Regulation postponing, although not expressly provided, to the Directive. 79/112 concerning the labeling of foodstuffs. There remain, therefore, applicable national provisions adopted under the directive (Decree of the President of the Republic May 18, 1982, n. 322, as amended). On this occasion, it is considered appropriate to emphasize that Article. 2, paragraph 6, of the EEC Regulation n. 1601/91 provides that when in the sales description of aromatized wine-based drinks includes the term "sparkling", the quantity 'of sparkling wine used must be not less than 95%. 5 - CONCLUSIONS. The clarifications provided by this circular as well as' the rules issued by the Executive EEC governing the transitional period have certainly not exhausted the examination of all the issues connected with the application of the EEC Regulation n. 1601/91. In this regard it should be noted that the matter concerning the control of production operations as well as that on the authorization granted by the Ministry for the production and bottling of the EEC Regulation n object drinks. 1601/91, must 'be appropriately also reviewed with the aim of reaching a possible simplification of the current procedures. Until these provisions will not be issued and 'clear that the operators concerned will have to strictly follow the rules in force. * * * The addressees of this Circular are urged to give maximum publicity to the contents of the same in order to enable the interested parties to operate in full compliance with the new EU legislation. Minister: GORIA