9.8.89 Official Journal of the European Communities No L 232/13 COUNCIL REGULATION (EEC) No 2392/89 of 24 July 1989 laying down general rules for the description and presentation of wines and grape musts THE COUNCIL OF THE EUROPEAN COMMUNITIES, Hav1ng regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine ('), as last amended by Regulation (EEC) No 1236/89 (?), and in particular Articles 72 (1) and 79 (2) thereof, Having regard to the proposal from the Commission (3), Whereas Council- Regulation (EEC) No 355/79 of 5 February 1979 laying down general rules for the " description and presentation of wines and grape musts (*), as last amended by Regulation (EEC) No 1237/89 (°), has been substantially amended on several occasions; whereas, therefore, the provisions in question should in the interest of clarity be consolidated; Whereas Article 72 of Regulation (EEC) No 822/87 lays down certain rules governing the description of certain wines in particular cases and provides for the adoption of general rules on the description and presentation of certain wine products; ‘ Whereas the purpose of any description and presentation should be to supply potential buyers and public bodies responsible for organizing and supervising the marketing of the products concerned with information which is sufficiently clear and accurate to enable them to form an opinion of the products; Whereas it is important to harmonize as far as possible the various Community provisions on the description and presentation of foodstuffs and parncularly those on the wine sector; Whereas the Community rules on the description and presentation of wines and grape musts are to a large extent based on the national rules formerly applied by the Member States; whereas the national rules in question were based on widely differing approaches; whereas some Member States gave priority to accurate consumer information and to the (1) O] No L 84, 27. 3. 1987, p. 1. - (2) O NoL 128, 11. 5. 1989, p. 31. (3) O] No C 214, 16. 8. 1988, p. 37. (*) O] No L 54, 5.3.1979,p.99. - (5) OJ No L 128, 11. 5. 1989, p. 32. freedom of action of the trade, while others endeavoured to combine these aspects with the need to protect producers on their territory against distortions of competition; whereas, with the aim of reconciling these different approaches as far as possible and of avoiding too divergent interpretations, it was deemed appropriate to lay down fairly comprehensive rules on description; whereas, to ensure that these rules are effective, it should also be laid down as a principle that only the details specified in the rules in question or in the relevant implementing rules are permitted for the description of wines and grape musts; Whereas, in the case of the description, a distinction should be made between mandatory information necessary to identify the product and optional information designed mainly to indicate the special properties of the product or to characterize it; whereas, in view of the importance and scope . of the problem, steps should be taken to ensure that the information provided is as complete as possible and that it takes account of the customs and traditional practices in the Member States and in third countries and complies with Community law; . Whereas, in view of the nature of production conditions in the different wine-growing areas and of traditional practices in some Member States, provision should be made to enable the Member States, in respect of the products obtained on their territory, either to make mandatory some information which is optional under Community provisions, to prohibit it or to limit its use; whereas it must also be specified that, in order to ensure the free movement of goods, each Member State must permit the description of products originating in other Member States and put on the market on its territory if itis in accordance with Community provisions and permitted in the producer Member State pursuant to this Regulation; Whereas, with a view to standardizing the description and presentation of Community wines and grape musts intended for export to third countries, provision should be made for the possibility of laying down supplementary or exceptional rules in respect of these products insofar as the legislation of the third countries concerned makes this necessary; Whereas it is important to specify the cases in which indication of the bottler and of the consignor on the label is required by means of a code, in order to avoid confusion in the consumer’s mind as to the real origin of the wine; whereas itis furthermore appropriate to regulate the cases in which, in order to facilitate commercial transactions, codes may be used on a voluntary basis to indicate information on bottling and on the consignor;