“Grappa” is a geographical indication, allowed by EC Regulation No. 110/2008 only for Italian-made grape marc spirit. Italy has recently modified the “technical file” (which Member States are requested to define for every geographical indication registered under the Regulation), by repealing – first of all – the provisions that obliged to bottle “Grappa” within the Italian territory (provisions censored by the EU Commission, so that their entry into force had been repeatedly postponed); and – secondly – by introducing a brand new provision on labelling. The Italian new “technical file” of Grappa aims to forbid any reference to the wood containers where Grappa’s taste has been improved (e.g. barriques, tonneaux, etc.), if the concerned Grappa hasn’t been aged under such fiscal control (supervision) as provided for by the Italian tax legislation. This article tries to focus on the main practical problems deriving from such a limiting discipline on labelling, taking the view that the “fiscal aging” (as regulated by the Italian tax rules) requires any operation, which is part of the overall production process, to be previously and monthly planned and communicated to the customs official by the operator, while the taste improvement practices need maximum flexibility of operations, with day-by-day decisions. This could result in an economic prejudice for producers, but also in a violation of important legal principles regarding both information to consumers, and freedom of business. As a consequence, some breaches of proportionality rule, as well as of non-discrimination principle, could be detected in the new ministerial decree.

Grappa e barriques: una questione ormai ‘stravecchia’

BORGHI, Paolo
2016

Abstract

“Grappa” is a geographical indication, allowed by EC Regulation No. 110/2008 only for Italian-made grape marc spirit. Italy has recently modified the “technical file” (which Member States are requested to define for every geographical indication registered under the Regulation), by repealing – first of all – the provisions that obliged to bottle “Grappa” within the Italian territory (provisions censored by the EU Commission, so that their entry into force had been repeatedly postponed); and – secondly – by introducing a brand new provision on labelling. The Italian new “technical file” of Grappa aims to forbid any reference to the wood containers where Grappa’s taste has been improved (e.g. barriques, tonneaux, etc.), if the concerned Grappa hasn’t been aged under such fiscal control (supervision) as provided for by the Italian tax legislation. This article tries to focus on the main practical problems deriving from such a limiting discipline on labelling, taking the view that the “fiscal aging” (as regulated by the Italian tax rules) requires any operation, which is part of the overall production process, to be previously and monthly planned and communicated to the customs official by the operator, while the taste improvement practices need maximum flexibility of operations, with day-by-day decisions. This could result in an economic prejudice for producers, but also in a violation of important legal principles regarding both information to consumers, and freedom of business. As a consequence, some breaches of proportionality rule, as well as of non-discrimination principle, could be detected in the new ministerial decree.
Borghi, Paolo
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11392/2366330
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