Proposal for a Council Regulation on the common organisation of the market in wine and amending certain Regulations - Hoofdinhoud
COUNCIL OFBrussels, 8 February 2008
THE EUROPEAN UNION
16225/2/07 REV 2
Interinstitutional File:
2007/0138 (CNS)
AGRIORG 126 AGRIFIN 148 WTO 265
NOTE
from:
General Secretariat
to: Special Committee on Agriculture
No. Cion prop.: doc. 11361/07 - COM(2007) 372 final Subject :
Proposal for a Council Regulation on the common organisation of the market in wine and amending certain Regulations
With a view to the SCA's meeting on 11 February 2008, delegations will find attached a
consolidated revised text of the draft Regulation further to the Council's political agreement
reached on 19 December 2007 on the reform of the common organisation of the market in wine, as
ANNEX
[...]Draft
COUNCIL REGULATION
on the common organisation of the market in wine
and amending certain Regulations
TABLE OF CONTENTS
TITLE I INTRODUCTORY PROVISIONS............................................................................21
TITLE II SUPPORT MEASURES.............................................................................................22
Chapter I Support programmes...................................................................................................22
Section 1 Introductory provisions...............................................................................................22
Section 2 Support programmes...................................................................................................23
Section 3 Specific support measures...........................................................................................26
Section 4 General provisions......................................................................................................35
Chapter II Financial transfer........................................................................................................36
TITLE III REGULATORY MEASURES...................................................................................37
Chapter I General rules...............................................................................................................37
Chapter II Oenological practices and restrictions........................................................................39
Chapter III Designations of origin, [...] geographical indications and traditional terms..........43
TITLE IV TRADE WITH THIRD COUNTRIES.......................................................................70
Chapter I Common provisions....................................................................................................70
Chapter II Import and export licences..........................................................................................71
Chapter III Safeguard measures....................................................................................................74
Chapter IV Rules applying to imports...........................................................................................77
TITLE V PRODUCTION POTENTIAL....................................................................................79
Chapter I Unlawful plantings......................................................................................................79
Chapter II Transitional planting right regime..............................................................................83
Chapter III Grubbing-up scheme...................................................................................................89
TITLE VI GENERAL PROVISIONS.........................................................................................95
TITLE VII AMENDMENTS, TRANSITIONAL AND FINAL PROVISIONS.......................101
Chapter I Amendments.............................................................................................................101
Chapter II Transitional and final provisions..............................................................................107
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 36
and 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Whereas:
(1) The current regime applicable to the wine sector is laid down in Council Regulation (EC)
No 1493/1999 of 17 May 1999 on the common organisation of the market in wine1 and its
implementing regulations.
(2) Wine consumption in the Community has been steadily diminishing and the volume of wine
exported from the Community since 1996 has been increasing at a much slower rate than the
respective imports. This has led to a deterioration of the balance between supply and
demand which in turn puts producers' prices and incomes under pressure.
(3) Not all the instruments currently included in Regulation (EC) No 1493/1999 have proved
effective in steering the sector towards a competitive and sustainable development. The
market mechanism measures, [...] have often proved little cost [...]efficient to the extent
(4) In other words, the current legal framework does not appear to enable to attain, in a
sustainable manner, the objectives set out in Article 33 of the Treaty and in particular
stabilising the wine market and ensuring a fair standard of living for the agricultural
community concerned.
(5) In the light of the experience gained it is therefore appropriate to fundamentally change the
Community regime applying to the wine sector with a view to achieving the following
objectives: increasing the competitiveness of the Community's wine producers;
strengthening the reputation of Community quality wine as the best in the world; recovering
old markets and winning new ones in the Community and worldwide; creating a wine
regime that operates through clear, simple and effective rules that balance supply and
demand; creating a wine regime that preserves the best traditions of Community wine
production, reinforcing the social fabric of many rural areas, and ensuring that all production
respects the environment. It is therefore appropriate to repeal Regulation (EC)
No 1493/1999 and to replace it by this new Regulation.
(6) This Regulation has been preceded by an evaluation and consultation process to better
identify and target the needs of the wine sector. An external evaluation report was
commissioned and published in November 2004. To give stakeholders an opportunity to
express their opinions, the Commission organised a seminar on 16 February 2006. A
communication from the Commission "Towards a sustainable European wine sector" was
published on 22 June 20062 along with an Impact Assessment listing a number of options
(8) Council Regulation [...] No 1234/2007 of 22 October 2007 establishing a common
organisation of agricultural markets and on specific provisions for certain agricultural
products (Single CMO)3 should eventually cover the wine sector as well. The single [...]
CMO includes provisions of a horizontal nature, in particular on trade with third countries,
competition rules, controls and penalties, exchange of information between the Commission
and the Member States. To allow for easy future incorporation into the single [...] CMO,
the provisions of this Regulation dealing with the said horizontal issues should be aligned as
much as possible on those contained in the single [...] CMO.
(9) It is important to provide for support measures which are liable to strengthen competitive
structures. While those measures should be financed and defined by the Community it
should be left to Member States to select the right mix for the needs of their respective
constituencies, taking regional particularities into account, where necessary, as well as to
integrate them into national support programmes. Member States should be responsible for
the implementation of such programmes.
(10) The financial key to allocating the funds for the national support programmes among
Member States should be related to [...] the historical share of the wine budget as the main
criterion, the area planted with vines and the historical production. However, this key
should be adjusted with respect to situations where using the historical share of the
wine budget as the main criterion would lead to an undue distribution of the funds.
(11a) Preventive instruments such as harvest insurance, mutual funds and green harvesting should
be eligible for support under the support programmes so as to encourage a responsible
approach to crisis situations.
(11b) Keeping some traditional measures for a transitional period is justified so as to
alleviate the otherwise abrupt termination of the classical market measures so far
financed through Community funds. The measures concerned are support for potable
alcohol distillation, support for crisis distillation and support for the use of
concentrated grape must.
(11c) Last but not least, for various reasons Member States may prefer granting decoupled
aid under the Single Payment Scheme to farmers. This should therefore be open to
Member States and because of the particularities of the Single Payment Scheme any
such transfer should be irreversible and reduce correspondingly the budget available
for the national support programmes in subsequent years.
(12)
The financing of the eligible measures by the Community should, where practicable, be
dependent on compliance by the producers concerned with certain environmental rules in
force. Where non-compliance is detected it should give rise to corresponding reductions in
payments.
(13)
Support to the sector should also come from structural measures under Council Regulation
(EC) No 1698/2005 of 20 September 2005 on support for rural development by the
(15) In order to increase the financial means available under Regulation (EC) No 1698/2005, a
gradual transfer of funds to the budget under that Regulation should be put into place where
the relevant amounts are sufficiently important.
(16) Certain regulatory measures should apply in the wine sector, in particular for reasons of
health, quality and consumer expectations.
(17) Member States producing more than 50 000 hectolitres per year should continue to be
responsible for classifying the wine grape varieties from which wine may be made on their
territories. Certain wine grape varieties should be excluded.
(18) Certain products covered by this Regulation should be marketed in the Community in
accordance with specific a classification of grapevine products and the corresponding
specifications.
(19) Products covered by this Regulation should be produced in accordance with certain rules on
oenological practices and restrictions, which guarantee that health concerns as well as
consumer expectations as regards quality and production methods are met. For reasons of
flexibility, [...] keeping those practices updated and approving new ones should be taken
care of at the level of implementing rules except in the politically sensitive areas of
enrichment and acidification, for which the Council should remain competent as regards
(22) In order to meet the international standards in this field, the Commission should generally
base itself on the oenological practices [...] recommended by the International
Organisation of Vine and Wine (OIV). These standards should also apply to Community
wines to be exported regardless of more restrictive rules which may be applicable in the
Community so as to not hamper Community producers in foreign markets.
(23) Coupage of a wine originating in a third country with a Community wine and coupage
between wines originating in third countries should continue to be prohibited in the
Community. By the same token, certain types of grape must, grape juice and fresh grapes
originating in third countries should not be turned into wine or added to wine in the territory
of the Community.
(24) The concept of quality wines in the Community is based inter alia on the specific
characteristics attributable to the wine's geographical origin. Such wines are identified for
consumers via protected designations of origin and geographical indications although the
current system is not fully developed in this respect. In order to allow for a transparent and
more elaborate framework underpinning the claim to quality by the products concerned, a
regime should be established under which applications for a designation of origin or a
geographical indication are examined in line with the approach followed under the
Community's horizontal quality policy applicable to foodstuffs other than wine and spirits in
Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical
indications and designations of origin for agricultural products and foodstuffs5.
(26) To qualify for protection in the Community, designations of origin and geographical
indications should be recognised and registered at Community level. To ensure that the
respective names meet the conditions laid down by this Regulation, applications should be
examined by the national authorities of the Member State concerned, subject to compliance
with minimum common provisions, including a national objection procedure. The
Commission should subsequently scrutinize these decisions to ensure that applications
satisfy the conditions laid down by this Regulation and that the approach is uniform across
the Member States.
(27) Protection should be open to designations of origin and geographical indications of third
countries where these are protected in their country of origin.
(28) The registration procedure should enable any natural or legal person having a legitimate
interest in a Member State or a third country to exercise their rights by notifying their
objections.
(29) Registered designations of origin and geographical indications should enjoy protection
against uses which unduly take advantage of the reputation that compliant products
command. So as to promote fair competition and not to mislead consumers, this protection
should also affect products and services not covered by this Regulation, including those not
found in Annex I to the Treaty.
(31) The designations of origin and geographical indications protected on Community territory
should be subject to controls, where possible in consistence with Regulation (EC)
No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official
controls performed to ensure the verification of compliance with feed and food law, animal
health and animal welfare rules6, including a system of checks to ensure compliance with
the product specifications of the wines concerned.
(32) Member States should be authorised to charge a fee to cover the costs incurred.
(33) Existing designations of origin and geographical indications in the Community should for
reasons of legal certainty be exempt from the application of the new examination procedure.
The Member States concerned should, however, provide the Commission with the basic
information and acts under which they have been recognised at national level failing which
they should lose their protection as designations of origin or geographical indications. The
scope for cancellation of existing designations of origin and geographical indications should
be limited for reasons of legal certainty.
(33a) Quality policy is regulated at national level in certain Member States according to
national provisions and practices. Such provisions and practices may continue.
(34) [...]Certain terms are traditionally used in the Community and convey information to
consumers about particularities and quality of wines complementing the information
(36) Rules should therefore be laid down which take into account the legitimate interests of
consumers and producers. For this reason, Community rules concerning labelling are
appropriate.
(37) These rules should provide for the obligatory use of certain terms so as to identify the
product in accordance with the sales categories and provide consumers with certain
important items of information. The use of certain other optional pieces of information
should also be addressed in the Community framework.
(38) Save as otherwise provided, labelling rules in the wine sector should be complementary to
those laid down in Directive (EC) No 2000/13/EC of the European Parliament and of the
Council of 20 March 2000 on the approximation of the laws of the Member States relating
to the labelling, presentation and advertising of foodstuffs.7, which apply horizontally.
Experience has shown that a differentiation in terms of labelling rules according to the
category of wine product is often not expedient. The rules should therefore in principle
apply to all the different categories of wine, including imported products. In particular, they
should allow the indication of a wine grape variety and a vintage on wines without a
designation of origin or a geographical indication, subject to requirements and exceptions
concerning the veracity of the labelling and the respective monitoring as well as the risk of
confusion of consumers.
(39) The existence and formation of producers' organisations continue to have the potential to
(40) In order to improve the operation of the market for wines [...], Member States should be
able to implement decisions taken by inter-branch organisations. The scope of such
decisions should, however, exclude practices which could distort competition.
(41) The creation of a single Community market involves the introduction of a trading system at
the external borders of the Community. This should include import duties and should, in
principle, stabilise the Community market. The trading system should be based on the
Community's international obligations, in particular those flowing from the World Trade
Organisation (WTO) agreements.
(42) Monitoring trade flows is above all a matter of management which should be addressed in a
flexible way. Accordingly, a decision on the introduction of licence requirements should be
taken by the Commission taking account of the need for import and export licences for
managing the markets concerned and, in particular, for monitoring the imports of the
products in question. General conditions concerning such licences should, however, be laid
down in this Regulation.
(43) Where provision is made for import and export licences, the lodging of a security should be
required in order to guarantee that the transactions for which such licences are granted are
carried out.
(44) The import duty system makes it possible to dispense with all other protective measures at
(46) To ensure the proper functioning of the market in wine and, in particular, avoid market
disturbances, the possibility of prohibiting the use of inward and outward processing
arrangements should be provided for. In order for this type of market management
instrument to be successful, it usually needs to be applied without major delays. The
Commission should therefore be entrusted with the relevant powers.
(47) Products imported from third countries should be subject to the Community rules on product
categories, labelling and designations of origin and geographical indications. They should be
accompanied by an analysis report.
(48) It is appropriate, under certain conditions, to confer on the Commission the power to open
and administer tariff quotas resulting from international agreements concluded in
accordance with the Treaty or from other acts of the Council.
(49) The surplus production of wine in the Community has been made worse as a result of
violations of the transitional prohibition on new plantings. A significant number of unlawful
plantings exist in the Community, which constitutes a source of unfair competition and
exacerbates the problems of the sector.
(50) As regards the unlawful areas, differentiation should be made between those planted before
and after 1 September 1998, in so far as the producers' obligations towards the areas are
concerned. Unlawful areas from before 1 September 1998 should get a last opportunity
(52) Those areas which have been planted in violation of the relevant prohibition after
1 September 1998 should be grubbed up, this being the sanction laid down in Regulation
(EC) No 1493/1999. Non-compliance with this mandatory grubbing-up should entail penalty
payments.
(53) Pending the implementation of the regularisation and grubbing-up measures, wine from
areas planted in violation of the prohibition and not regularised in accordance with
Regulation (EC) No 1493/1999, should not be put on the market other than for distillation at
the expense of the producer concerned. The presentation of distillation contracts by
producers should ensure better monitoring of this rule than was the case until now.
(54) While the transitional prohibition on new plantings has had some effect on the balance
between supply and demand in the wine market, it has at the same time created an obstacle
for competitive producers who wish to respond flexibly to increased demand.
(55) As a market balance has not yet been found, and as the accompanying measures such as the
grubbing-up scheme need time to take effect, it is expedient to keep the prohibition on new
plantings in place until 31 December [...] 2015, at which juncture, however, it should be
definitely lifted in order to permit competitive producers to respond freely to market
conditions. However, Member States should be given the possibility to extend the
prohibition until 31 December 2018 if they consider doing so necessary.
(58) Furthermore, it should be possible for Member States to authorise the transfer of replanting
rights to another holding, subject to strict controls, provided that this transfer is in pursuit of
quality, concerns the areas intended for graft nurseries or is connected with the transfer of
part of the holding. These transfers should be maintained within the same Member State.
(59) In order to improve the management of wine-growing potential and to promote the efficient
use of planting rights and thus to further mitigate the effect of the transitional restriction on
plantings, the systems of national or regional reserves should continue to exist.
(60) Member States should keep broad discretion in the management of the reserves, subject to
the necessary controls, so as to permit them to better align the use of the rights to plant such
reserves with local needs. This should include the opportunity to purchase planting rights, to
fund the reserve and to sell planting rights from the reserve. To this end, Member States
should continue to be allowed not to apply the reserve system, provided that they can prove
that they already have an efficient system of managing planting rights.
(61) The grant of specific benefits to young wine producers may facilitate not only their
establishment but also the structural adjustment of their holdings after their initial
establishment, and such producers should therefore be eligible for the grant of rights from
the reserves free of charge.
(62) To ensure that resources are used in the most efficient manner and to better align supply
(64) As a further accompanying measure aimed at creating a sector which is attuned to market
conditions a grubbing-up scheme should be introduced. Where producers consider that the
conditions in certain areas are not conducive to viable production, they should be given the
option of cutting their costs and permanently withdrawing these areas from wine production
and should be enabled either to pursue alternative activities on the relevant [...] area or to
retire from agricultural production altogether.
(65) Experience has shown that to leave it to Member States to allow grubbing-up against
payment of a premium risks rendering the measure and the attendant effects on supply
ineffective. Therefore, in contrast to the current regime, producers should generally be
eligible for entering the grubbing-up scheme and have the sole right to decide whether to
apply. In return, they should be granted a premium per hectare of grubbed up vines.
However, Member States where wine production is below 50 000 hectolitres per year
should not have access to the grubbing-up scheme as they do not substantially affect
production in the Community.
(66) Member States should be able to fix, on the basis of objective criteria, the specific levels of
the grubbing-up premium within certain scales determined by the Commission.
(67) In order to guarantee the responsible treatment of the grubbed-up areas, entitlement to the
premium should be dependent on compliance by the producers concerned with the
applicable environmental rules. Where non-compliance is detected it should give rise to a
(69) Where in a Member State the area grubbed-up would exceed 15% of its total area
planted with vines, the possibility should exist to cap the grubbing-up at 15% in [...]
that Member State [...] so as to avoid disproportionate concentration of the grubbing-
up resources at the expense of other Member States. In addition, the possibility should
exist to stop grubbing-up in a given year when the area grubbed-up in that year
reaches 6% of its total area planted with vines.
(70)
The agricultural area formerly used for vine-growing, once grubbed up, should qualify as an
eligible area under the Single Payment Scheme and be granted the average regional
decoupled direct payment which for budgetary reasons, should not exceed EUR 350/ha.
(71)
The proper working of the single market would be jeopardised by the unqualified granting
of national aids. The provisions of the Treaty governing State aids should therefore in
principle apply to the products covered by the common market organisation for wine.
However, the provisions on the grubbing-up premium and certain measures under the
support programmes should not by themselves preclude the granting of national aid for the
same purposes.
(72)
For a better management of wine-growing potential, it is desirable that Member States
communicate to the Commission an inventory of their production potential. This
information should be based on the [...] vineyard register which should be maintained [...]
and regularly updated [...]. Details of the register should be established by
Commission implementing regulation. Council Regulation (EEC) 2392/86 of 24 July
(74) In order to provide for a satisfactory level of traceability of the products concerned, in
particular in the interest of consumer protection, provision should be made for all the
products covered by this Regulation to have an accompanying document when circulating
within the Community.
(74a) In order to address justified cases of crisis even after the end of the transitional crisis
distillation support measure foreseen under the support programmes in 2012 Member
States should be able to provide aid for crisis distillation within an overall budgetary
limit of 15% of the respective value of the Member State's relevant yearly budget for
its national support programme. Any such aid shall be notified to the Commission and
approved under this Regulation before it is granted.
(75) The measures necessary for implementing of this Regulation should be adopted in
accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the
procedures for the exercise of implementing powers conferred on the Commission8.
(76) Expenditure incurred by the Member States as a result of the obligations arising from the
application of this Regulation should be financed by the Community in accordance with
Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common
agricultural policy9.
(77) The Member States and the Commission should keep each other supplied with the
(78) To guarantee compliance with the obligations laid down by this Regulation there is a need
for controls and the application of penalties in the event of non-compliance with such
obligations. The power to set up the corresponding rules including those concerning the
recovery of undue payments and the reporting obligations of the Member States, should
therefore be conferred on the Commission.
(79)
Member States' authorities should be responsible for ensuring compliance with this
Regulation and arrangements should be made so that the Commission is able to monitor and
ensure such compliance.
(80)
To make provision for the incorporation of the wine sector into the Single Payment Scheme,
all actively cultivated wine-growing areas should be made eligible for the Single Payment
Scheme provided for in Council Regulation (EC) No 1782/2003 of 29 September 2003
establishing common rules for direct support schemes under the common agricultural policy
and establishing certain support schemes for farmers10.
(81)
[...] Vine-growers in Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Malta, Poland, Romania, Slovenia and Slovakia should benefit from the
introduction of the wine component in the Single Payment Scheme under the same
conditions as [...] vine-growers in the Community as constituted at 30 April 2004.
Therefore, the wine component in the Single Payment Scheme should not be subject to the
application of the schedule of increments provided for in Article 143a of Regulation (EC)
(83) The change from the arrangements in Regulation (EC) No 1493/1999 and the other
Regulations in the wine sector to those in this Regulation could give rise to difficulties
which are not dealt with in this Regulation. In order to deal with that eventuality, provision
should be made for the Commission to adopt the necessary transitional measures. The
Commission should also be authorised to solve specific practical problems,
HAS ADOPTED THIS REGULATION:
TITLE I
INTRODUCTORY PROVISIONS
Article 1
Subject matter and scope
-
1.This Regulation lays down specific rules applying to the production and marketing of the
[...] products referred to in part XII of Annex I of Regulation (EC) No 1234/2007 [...].
-
2.Concerning the products referred to in paragraph 1, this Regulation provides for:
(a) support measures,
(b) regulatory measures,
(c) rules on trade with third countries,
TITLE II
SUPPORT MEASURES
Chapter I
Support programmes
SECTION 1
INTRODUCTORY PROVISIONS
Article 3
Scope
This Chapter lays down the rules governing the attribution of Community funds to Member States
and the use of those funds by Member States through national support programmes (hereinafter
"support programmes") to finance specific support measures to assist the wine sector.
Article 4
Compatibility and consistency
-
1.Support programmes shall [...] be compatible with Community law and [...] consistent
with the activities, policies and priorities of the Community.
-
3.No support shall be granted:
(a) for research projects and measures to support research projects;
(b) for measures [...] which [...] receive Community support under Regulation (EC)
No 1698/2005.
[...]
SECTION 2
SUPPORT PROGRAMMES
Article 5
Submission of support programmes
-
1.Each producer Member State referred to in Annex II, except for those whose only measure
consists of the transfer to the Single Payment Scheme referred to in Article 8a, shall,
for the first time by 30 [...] June 2008, submit to the Commission a draft five-year support
programme containing measures in accordance with this Chapter.
The support measures in the support programmes shall be drawn up at the geographical
level which the Member States deem most appropriate. Before being submitted to the
Commission the support programme shall be subject to consultation with the competent
authorities and organisations at the appropriate territorial level.
However, if the submitted programme does not comply with the conditions laid down in this
Chapter, the Commission shall inform the Member State thereof. In such case, the Member
State shall submit a revised programme to the Commission. The revised programme shall
become applicable two months after its notification unless an incompatibility persists in
which case this subparagraph shall apply.
-
3.Paragraph 2 shall apply mutatis mutandis to changes in respect of support programmes
submitted by Member States.
Article 6
Content of support programmes
Support programmes shall consist of the following elements:
(a) a detailed description of the measures proposed as well as their quantified objectives;
(b) the results of consultations held;
(c) an appraisal showing the expected technical, economic, environmental and social impact;
(d) a schedule for implementing the measures;
(e) a general financing table showing the resources to be deployed and the envisaged indicative
allocation of the resources between the measures in accordance with ceilings provided for in
Annex II;
[...]
(f) the criteria and quantitative indicators to be used for monitoring and evaluation as well as
Article 7
Eligible measures
-
1.Support programmes shall contain [...] one or more of the following measures:
(x) Single Payment Scheme support in accordance with Article 8a;
(o) promotion in accordance with Article 9;
(a) restructuring and conversion of vineyards in accordance with Article 10;
(b) green harvesting in accordance with Article 11;
(c) mutual funds in accordance with Article 12;
(d) harvest insurance in accordance with Article 13;
(e) investments in accordance with Article 13a;
(f) by-product distillation in accordance with Article 13b;
(g) potable alcohol distillation in accordance with Article 13c;
(h) crisis distillation in accordance with Article 13d;
(i) use of concentrated grape must in accordance with Article 13e.
-
2.Support programmes shall not contain other measures than the ones listed in Articles
8a to 13e.
Article 8
General rules concerning support programmes
-
4.By way of derogation from paragraph 3, Member States may grant national aid in
accordance with the relevant Community rules on State aid for the measures referred to in
Articles 9, [...]13 and 13a.
The maximum aid rate as laid down in the relevant Community rules on State aids shall
apply to the global public [...]financing including both Community and national funds.
SECTION 3
SPECIFIC SUPPORT MEASURES
Article 8a
Single Payment Scheme and support to vine-growers
-
1.Member States may provide support to vine-growers by allocating to them payment
entitlements within the meaning of Chapter 3 of Title III of Regulation (EC) No
1782/2003 in accordance with point O of Annex VII of that Regulation.
-
2.Member States, which intend to make use of the possibility referred to in paragraph 1,
shall foresee such support in their support programmes including, as regards
subsequent transfers of funds to the Single Payment Scheme, by way of changes to
Article 9
Promotion on third-country markets
-
1.Support under this Article shall cover information or promotion measures concerning
Community wines in third countries, thereby improving their competitiveness in those
countries.
-
2.The measures referred to in paragraph 1 shall relate to wines with a protected designation of
origin or geographical indication or wines with an indication of the wine grape variety.
-
3.The measures referred to in paragraph 1 may only consist of:
(a) public relations, promotional or publicity measures, in particular highlighting the
advantages of the Community products, especially in terms of quality, food safety or
environmental friendliness;
(b) participation at events, fairs or exhibitions of international importance;
(c) information campaigns, in particular on the Community systems covering
designations of origin, geographical indications and organic production;
(d) studies of new markets, necessary for the expansion of market outlets;
(e) studies to evaluate the results of the promotional and information measures.
-
4.The Community contribution to promotion activities shall not exceed 50% of the eligible
Article 10
Restructuring and conversion of vineyards
-
1.The objective of measures relating to the restructuring and conversion of vineyards shall be
to increase the competitiveness of wine producers.
-
2.Restructuring and conversion of vineyards shall be supported in accordance with this Article
only if Member States submit the inventory of their production potential in accordance with
Article 100.
-
3.Support for restructuring and conversion of vineyards may only cover one or more of the
following activities:
(a) varietal conversion, including by means of grafting-on;
(b) relocation of vineyards;
(c) improvements to vineyard management techniques.
The normal renewal of vineyards which have come to the end of their natural life shall not
be supported.
-
4.Support for restructuring and conversion of vineyards [...] may only take the following
forms:
(a) compensation of producers for the loss of revenue due to the implementation of the
-
6.The Community contribution to the actual costs of restructuring and conversion of vineyards
shall not exceed 50%. In regions classified as convergence regions in accordance with
Regulation (EC) No 1083/2006, the Community contribution to the costs of restructuring
and conversion shall not exceed 75%.
Article 11
Green harvesting
-
1.For the purposes of this Article, green harvesting means the total destruction or removal of
grape bunches while still in their immature stage, thereby reducing the yield of the relevant
[...] area to zero.
-
2.Support for green harvesting shall contribute to restoring the balance of supply and demand
in the market in wine in the Community in order to prevent market crises.
-
3.Support for green harvesting may be granted as compensation in the form of a flat rate
payment per hectare to be determined by the Member State concerned.
The payment shall not exceed 50% of the sum of the direct costs of the destruction or
removal of grape bunches and the loss of revenue related to the destruction or removal of
Article 12
Mutual funds
-
1.Support for the setting-up of mutual funds shall provide assistance to producers seeking to
insure themselves against market fluctuations.
-
2.Support for the setting-up of mutual funds may be granted in the form of temporary and
degressive aid to cover the administrative costs of the funds.
Article 13
Harvest insurance
-
1.Support for harvest insurance shall contribute to safeguarding producers' incomes where
these are affected by natural disasters, adverse climatic events, diseases or pest infestations.
-
2.Support for harvest insurance may be granted in the form of a financial Community
contribution which must not exceed:
(a) 80% of the cost of the insurance premiums paid for by producers for insurance
against losses as a result of adverse climatic events which can be assimilated to
natural disasters;
(b) 50% of the cost of the insurance premiums paid for by producers for insurance
Article 13a
Investments
-
1.Support may be granted for tangible or intangible investments which improve the
overall performance of the enterprise and concern one or more of the following:
(a) the production or marketing of products referred to in Annex IV of this
Regulation;
(b) the development of new products, processes and technologies related to the
products referred to in Annex IV of this Regulation.
-
2.Support under paragraph 1 at its maximum rate shall be limited to micro, small and
medium- sized enterprises within the meaning of Commission Recommendation
2003/361/EC. For the territories of the Azores, Madeira, the Canary Islands, the
smaller Aegean Islands within the meaning of Regulation (EC) No 1405/2006 and the
French overseas departments, no size limits apply for the maximum rate. For
enterprises that are not covered by Article 2(1) of that recommendation with less than
750 employees or with a turn over of less than EUR 200 million the maximum aid
intensity is halved.
Support shall not be granted to enterprises in difficulty within the meaning of the
Community guidelines on State aid for rescuing and restructuring firms in difficulty.
-
5.Article 72 of Regulation (EC) No 1698/2005 shall apply mutatis mutandis to support
referred to in paragraph 1.
Article 13b
By-product distillation
-
1.Support may be granted for the distillation of by-products of wine-making which has
been carried out in accordance with the conditions laid down in Annex VI.D.
The amount of aid shall be fixed per % volume and per hectolitre of alcohol produced.
No aid shall be paid for the volume of alcohol contained in the by-products to be
distilled which exceeds 10% in relation to the volume of alcohol contained in the wine
produced.
-
2.The maximum applicable aid levels shall be based on collection and processing costs
and fixed in accordance with the procedure referred to in Article 104(1).
-
3.The alcohol resulting from the supported distillation referred to in paragraph 1 shall
be used exclusively for industrial or energy purposes.
Article 13c
Article 13d
Crisis distillation
-
1.Support may be granted until 31 July 2012 for voluntary or obligatory distillation of
surplus wine decided upon by Member States in justified cases of crisis so as to reduce
or eliminate the surplus and at the same time ensure supply continuity from one
harvest to the next.
-
2.The maximum applicable aid levels shall be fixed in accordance with the procedure
referred to in Article 104(1).
-
3.The alcohol resulting from the supported distillation referred to in paragraph 1 shall
be used exclusively for industrial or energy purposes.
-
4.The share of the available budget used for the crisis distillation measure shall not
exceed the following percentage shares as calculated against the globally available
funds laid down in Annex II per Member State in the respective budget year:
-
-20% in 2009;
-
-15% in 2010;
-
-10% in 2011;
Article 13e
Use of concentrated grape must
-
1.Support may be granted until 31 July 2012 to wine producers who use concentrated
grape must including rectified concentrated grape must to increase the natural
alcoholic strength of products in accordance with the conditions laid down in Annex V.
-
2.The amount of the aid shall be fixed per % volume potential alcoholic strength and per
hectolitre of the must used for enrichment.
-
3.The maximum applicable aid levels for this measure in the different wine growing
zones shall be fixed in accordance with the procedure referred to in Article 104(1).
Article 14
Cross-compliance
Where farmers are found to not have complied on their holding, at any time during [...] three years
from payment under the support programmes for restructuring and conversion or at any time during
one year from payment under the support programmes for green harvesting, with the statutory
management requirements and the good agricultural and environmental condition referred to in
Articles 3 to 7 of Regulation (EC) No 1782/2003, the amount of the payment shall, where non-
compliance is the result of an action or omission directly imputable to the farmer, be reduced or
SECTION 4
GENERAL PROVISIONS
Article 15
Reporting and evaluation
-
1.Each year and for the first time by 1 March 2010, Member States shall submit to the
Commission not later than 1 March a report on the implementation of the measures provided
for in their support programmes during the previous financial year.
Those reports shall list and describe the measures for which Community assistance under the
support programmes was granted and shall in particular provide details on the
implementation of the promotion measure referred to in Article 9.
-
2.Member States shall submit to the Commission not later than 1 March 2011 and, a second
time, not later than 1 March 2014 an evaluation of the costs and benefits of the support
programmes as well as an indication of how to increase their efficiency.
The Commission shall, by 31 December 2011 at the latest, submit a report to the European
Parliament and the Council on the implementation of the promotion measure referred to in
(c) detailed rules for the implementation of the measures provided for in Articles 9 to 13e;
(d) the conditions under which assistance through Community funds is to be communicated and
publicised;
(e) details on reporting.
Chapter II
Financial transfer
Article 17
Financial transfer to rural development
1.
As from the budget year 2009, the amounts fixed in paragraph 2, based on historical
expenditure under Regulation (EC) No 1493/1999 for intervention to regulate agricultural
markets as referred to in Article 3(1)(b) of Regulation (EC) No 1290/2005, shall be
available as additional Community funds for measures in wine-producing regions under the
rural development programming financed under Regulation (EC) No 1698/2005.
2.
The following amounts shall be available in the given calendar years:
-
-2009: EUR [...] 40,5 million,
-
-2010: EUR [...] 80,9 million,
-
-From 2011 onwards: EUR [...]121,4 million.
[...]
TITLE III
REGULATORY MEASURES
Chapter I
General rules
Article 18
Classification of wine grape varieties
-
1.Subject to paragraph 2, Member States shall classify which wine grape varieties may be
planted, replanted or grafted on their territories for the purpose of wine production.
[...] Only the wine grape varieties meeting the following conditions may be classified by
Member States:
(a) the variety concerned belongs to the Vitis vinifera or comes from a cross between
the [...] species Vitis vinifera and other species of the genus Vitis;
(b) the variety [...] is not one of the following [...]: Noah, Othello, Isabelle, Jacquez,
Clinton and Herbemont.
Where a wine grape variety is deleted from the classification referred to the first
-
3.By way of derogation from the first and second subparagraphs of paragraph 1 and the
second subparagraph of paragraph 2, the planting, replanting or grafting of the following
[...] wine grape varieties shall [...] be allowed for scientific research and experimental
purposes:
(a) wine grape varieties which are not classified as far as Member States referred to
in paragraph 1 are concerned;
(b) wine grape varieties which do not accord with points (a) and (b) of paragraph 1
as far as Member States referred to in paragraph 2 are concerned.
-
4.[...] Areas planted with [...] wine grape varieties for the purpose of wine production
planted in contravention of paragraphs 1 to 3 shall be grubbed up.
However, there shall be no obligation to grub up such [...] areas where the relevant
production is intended exclusively for [...] consumption by the wine producer's family.
-
5.Member States shall take the necessary measures to check compliance by producers with
paragraphs [...] 1 to 4.
[...]
Article 19
However, Article 49(1)(a) notwithstanding, Member States may allow the use of the
term "wine" if:
(a) it is accompanied by the name of a fruit in the form of a composite name to
market products obtained by the fermentation of fruit other than grapes or
(b) it is part of a composite name.
Any confusion with products corresponding to the wine-categories in Annex IV shall
be avoided.
-
3.[...] Categories of grapevine products [...] listed in Annex IV may be modified in
accordance with the procedure referred to in Article 104(2).
-
4.Except for bottled wine in respect of which there is evidence that bottling was performed
prior to 1 September 1971, wine produced from wine grape varieties listed in the
classifications drawn up in accordance with the first subparagraph of Article 18(1) but not
conforming to one of the categories laid down in Annex IV shall be used only for
consumption by individual wine producers' families, for the production of wine vinegar or
for distillation.
Chapter II
Oenological practices and restrictions
Article 21
Oenological practices and restrictions
-
1.Only oenological practices authorised under Community law as laid down in Annex V or
decided upon in accordance with Articles 22 and 23 shall be used in the production and
conservation in the Community of products covered by this Regulation.
The first subparagraph shall not apply to:
(a) grape juice and concentrated grape juice;
(b) grape must and concentrated grape must intended for the preparation of grape juice.
-
2.Authorised oenological practices shall only be used for the purposes of ensuring proper
vinification, proper preservation or proper refinement of the product.
-
3.Products covered by this Regulation shall be produced in the Community in accordance with
the relevant restrictions laid down in Annex VI.
-
4.Products covered by this Regulation, which have undergone unauthorised Community or,
where applicable, unauthorised national oenological practices or which contravene the
restrictions laid down in Annex VI, shall not be marketed in the Community.
[...]
Article 23
Authorisation of oenological practices and restrictions
-
1.Except for the oenological practices concerning enrichment, acidification and
de-acidification [...] laid down in Annex V for the specific products covered therein [...]
as well as the restrictions listed in Annex VI, the authorisation of oenological practices and
restrictions as regards the production and conservation of products covered by this
Regulation shall be decided in accordance with the procedure referred to in Article [...]
104(2).
-
2.Member States may allow the experimental use of unauthorised oenological practices under
conditions to be determined in accordance with the procedure referred to in Article [...]
104(2).
Article 24
Authorisation criteria
When authorising oenological practices in accordance with the procedure referred to in Article [...]
104(2), the Commission shall:
(a) base itself on the oenological practises [...] recommended and published by the OIV as
well as on the results of experimental use of as of yet unauthorised oenological practices;
(b) take into account the protection of human health;
Article 25
Methods of analysis
The methods of analysis for determining the composition of the products covered by this Regulation
and the rules whereby it may be established whether these products have undergone processes
contrary to the authorised oenological practices shall be those [...] recommended and published by
the OIV.
Where there are no methods and rules [...] recommended and published by the OIV [...] such
methods and rules shall be adopted in accordance with the procedure referred to in Article [...]
104(2).
Pending the adoption of such rules, such methods and rules to be used shall be the ones
allowed by the Member State concerned.
Article 26
Implementing rules
Detailed rules for the implementation of this Chapter and Annexes [...] V and [...] VI, save as
otherwise provided in these Annexes, shall be adopted in accordance with the procedure referred
(e) where Community rules on that matter do not exist, the purity and identification
specification of substances used in oenological practices;
(f) administrative rules for carrying out the oenological practices authorised;
(g) the conditions governing the holding, circulation and the use of products not complying with
Article 21 and possible exemptions from the requirements of that Article, as well as the
establishment of criteria for the purpose of avoiding hardship in individual cases;
(h) the conditions under which Member States may authorise the holding, circulation and use of
products not complying with this Chapter other than Article 21, or with provisions
implementing this Chapter.
Chapter III
Designations of origin, [...]geographical indications
and traditional terms
Article 26a
Scope
-
1.Rules relating to designations of origin, geographical indications and traditional terms
laid down in Chapters IIIa and IIIb shall apply to the products referred to in points 1,
3 to 5bis, 7, 8, 10, 14 and 15 of Annex IV.
Chapter IIIa
Designations of origin and geographical indications
SECTION 1
[...] DEFINITIONS
Article 27
Designations of origin and geographical indications
-
1.For the purposes of this Regulation, the following definitions shall apply:
(a) "designation of origin" means the name of a region, a specific place or, in
exceptional cases, a country used to describe a product referred to in [...] Article
26a(1) that complies with the following requirements:
(i) its quality and characteristics are essentially or exclusively due to a particular
geographical environment with its inherent natural and human factors;
(ii) the grapes from which it is produced come exclusively from this geographical
area;
(iii) its production takes place in this geographical area;
(iv) it is obtained from vine varieties belonging to Vitis vinifera.
-
2.[...]Certain traditionally used names shall [...]constitute [...] a designation of origin where
they:
(a) designate a wine;
(b) refer to a geographical name;
(c) fulfil the conditions referred to in points (i) to [...] (iv) of paragraph 1(a);
(d) undergo the procedure conferring protection on designations of origin and
geographical indications laid down in this Chapter.
-
3.Designations of origin and geographical indications, including those relating to geographical
areas in third countries, shall be eligible for protection in the Community in accordance with
the rules laid down in this Chapter.
SECTION 2
APPLICATION FOR PROTECTION
Article 28
Content of applications for protection
-
1.Applications for protection of names as designations of origin or geographical indications
shall include a technical file containing:
(a) the name to be protected;
(b) the name and address of the applicant;
It shall at least consist of:
(a) the name to be protected;
(b) a description of the wine(s):
(i) [...]for wines with a designation of origin, its principal analytical and
organoleptic characteristics;
(ii) for wines with a geographical indication, its principal analytical
characteristics as well as an evaluation or indication of its organoleptic
characteristics [...];
(c) where applicable, the specific oenological practices used to make the wine(s) as well
as the relevant restrictions on making the wine(s);
(d) the demarcation of the geographical area concerned;
(e) the maximum yields per hectare;
(f) an indication of the [...] wine grape variety or varieties the wine(s) is obtained from;
(g) the details bearing out the link referred to in Article 27(1)(a)(i) or, as the case may
be, in Article 27(1)(b)(i) [...];
(h) applicable requirements laid down [...] in Community [...] or national provisions
or, where [...] foreseen by Member States, by an organisation which manages
the protected designation of origin or geographical indication [...], having
regard to the fact that such requirements shall [...] be objective and non-
discriminatory and compatible with Community law [...];
(i) the name and address of the authorities or bodies verifying compliance with the
provisions of the product specification and their specific tasks.
-
2.The application shall be sent to the Commission, either directly from the applicant or via the
authorities of the third country concerned.
-
3.The application for protection shall be filed in one of the official languages of the
Community or accompanied by a certified translation into one of those languages.
Article 30
Applicants
-
1.Any interested group of producers, or in exceptional cases a single producer, may apply for
the protection of a designation of origin or geographical indication. Other interested parties
may participate in the application.
-
2.Producers may lodge an application for protection only for wines which they produce.
-
3.In the case of a name designating a trans-border geographical area or a traditional name
connected to a trans-border geographical area, a joint application may be lodged.
SECTION 3
PROCEDURE CONFERRING PROTECTION
-
3.The Member State shall examine the application for protection as to whether it meets the
conditions set out in this Chapter.
The Member State shall carry out a national procedure ensuring adequate publication of the
application and providing for a period of at least two months from the date of publication
within which any natural or legal person having a legitimate interest and established or
resident on its territory may object to the proposed protection by lodging a duly
substantiated statement with the Member State.
-
4.If the Member State considers that the designation of origin or geographical indication does
not meet the relevant requirements, including the eventuality that it is incompatible with
Community law in general, it shall reject the application.
-
5.If the Member State considers that the relevant requirements are met, it shall [...] publish
the single document and the product specification at least on the Internet.
[...]
-
6.In respect of any favourable [...] position as referred to in paragraph 5, the Member State
concerned shall forward to the Commission an application for protection containing:
(a) the name and address of the applicant;
(b) the single document referred to in Article 28(1)(d);
(c) a declaration by the Member State that it considers that the application lodged by the
-
applicant meets the conditions of this Regulation;
-
8.In case where a Member State has no national legislation concerning the protection of
designations of origin and geographical indications, the Member State concerned may,
on a transitional basis only, grant protection in accordance with the terms of this
Chapter at national level to the name with effect from the day the application is lodged
with the Commission. Such transitional national protection shall cease on the date on
which a decision on registration or refusal under this Chapter is taken.
Article 32
Scrutiny by the Commission
-
1.The Commission shall make the date of submission of the application for protection of the
designation of origin or geographical indication public.
-
2.The Commission shall examine whether the applications for protection referred to in
Article 31(7) meet the conditions laid down in this Chapter.
-
3.Where the Commission considers that the conditions laid down in this Chapter are met, it
shall publish in the Official Journal of the European Union the single document referred to
in Article 28(1)(d) and the reference to the publication of the product specification referred
to in Article 31(5).
Where this is not the case, it shall be decided, in accordance with the procedure referred to
In the case of natural or legal persons established or resident in a third country, such statement shall
be lodged, either directly or via the authorities of the third country concerned, within the time limit
of two months referred to in the first paragraph.
Article 34
Decision on protection
On the basis of the information available to the Commission, it shall be decided, in accordance with
the procedure referred to in Article [...]104(2), to either confer protection on the designation of
origin or geographical indication which meets the conditions laid down in this Chapter and is in
general compatible with Community law, or to reject the application where those conditions are not
satisfied.
SECTION 4
SPECIFIC CASES
Article 35
Homonyms
-
1.[...] A name, for which an application is lodged, wholly or partially homonymous with
that of a name already registered under this Regulation shall be registered with due
regard for local and traditional usage and the risk of confusion.
-
2.Paragraph 1 shall apply mutatis mutandis if a name, for which an application is lodged,
is wholly or partially homonymous with a geographical indication protected as such
under the legislation of Member States.
Member States shall not register non-identical geographical indications for protection
under their respective legislation on geographical indications if a designation of origin
or geographical indication is protected in the Community by virtue of the Community
law relevant to designations of origin and geographical indications.
-
3.Save as otherwise provided for in Commission implementing rules, where a wine grape
variety contains or consists of a protected designation of origin or geographical indication
the name of the wine grape variety shall not be used for purposes of labelling the products
covered by this Regulation.
-
4.The protection of designations of origin and geographical indications for products
covered in Article 27 shall be without prejudice to protected geographical indications
applying in relation to spirit drinks within the meaning of Regulation (EC) [Spirit
drinks Regulation] and vice versa.
Article 36
Grounds for refusal of protection
-
2.A name shall not be protected as a designation of origin or geographical indication where, in
the light of a trademark's reputation and renown, protection is liable to mislead the
consumer as to the true identity of the wine.
Article 37
Relationship with trademarks
-
1.Where a designation of origin or a geographical indication is protected under this
Regulation, the registration of a trademark corresponding to one of the situations referred to
in Article 38(2) and relating to a product falling under one of the categories listed in
Annex IV shall be refused if the application for registration of the trademark is submitted
after the date of submission of the application for protection of the designation of origin or
geographical indication to the Commission and the designation of origin or geographical
indication is subsequently protected.
Trademarks registered in breach of the first subparagraph shall be invalidated.
-
2.Without prejudice to Article 36(2), a trademark the use of which corresponds to one of the
situations referred to in Article 38(2), which has been applied for, registered or established
by use, if that possibility is provided for by the legislation concerned, in the territory of the
Community before the date on which the application for protection of the designation of
origin or geographical indication is submitted to the Commission, may continue to be used
SECTION 5
PROTECTION AND CONTROL
Article 38
Protection
-
1.Protected designations of origins and geographical indications may be used by any operator
marketing a wine which has been produced in conformity with the corresponding product
specification.
-
2.Protected designations of origins and geographical indications and the wines using those
protected names in conformity with the product specification shall be protected against:
(a) any direct or indirect commercial use of a protected name:
-
-by comparable products not compliant with the product specification of the
protected name, or
-
-in so far as such use exploits the reputation of a designation of origin or a
geographical indication;
(b) any misuse, imitation or evocation, even if the true origin of the product or service is
indicated or if the protected name is translated or accompanied by an expression such
as `style', `type', `method', `as produced in', `imitation', `flavour', `like' or similar;
(c) any other false or misleading indication as to the provenance, origin, nature or
essential qualities of the product, on the inner or outer packaging, advertising
Article 39
Register
The Commission shall establish and maintain an electronic register of protected designations of
origin and geographical indications for wine which shall be publicly accessible.
Article 40
[...] Designation of competent control authority
1.
Member States shall designate the competent authority or authorities responsible for
controls in respect of the obligations established by this Chapter in accordance with the
criteria laid down in Article 4 of Regulation (EC) No 882/2004. [...]
-
2.Member States shall ensure that any operator complying with this Chapter is entitled to be
covered by a system of controls.
-
3.Member States shall inform the Commission about the competent authority or authorities
[...] referred to in paragraph 1. The Commission shall make their names and addresses
public and update them periodically.
Article 41
Verification of compliance with specifications
-
2.In respect of protected designations of origin and geographical indications relating to a
geographical area in a third country, annual verification of compliance with the product
specification, during the production and during or after conditioning of the wine, shall be
ensured by:
(a) one or more public authorities designated by the third country, or
(b) one or more certification bodies [...].
[...]
-
3.The certification bodies referred to in paragraphs 1(b) and 2(b) of this Article shall comply
with, and from 1 May 2010 be accredited in accordance with, the European standard
EN 45011 or ISO/IEC Guide 65 (General requirements for bodies operating product
certification systems).
-
4.Where the [...] authority or authorities referred to in paragraphs 1(a) and 2(a) [...] of this
Article, verify compliance with the product specification, they shall offer adequate
guarantees of objectivity and impartiality, and have at their disposal the qualified staff and
resources needed to carry out their tasks.
Article 42
Amendments to product specifications
-
2.Where the proposed amendment involves one or more amendments to the single document
referred to in Article 28(1)(d), Articles 31 to 34 shall apply mutatis mutandis to the
amendment application. However, if the proposed amendment is only minor, it shall be
decided, in accordance with the procedure referred to in Article [...]104(2), whether to
approve the application without following the procedure laid down in Articles 32(2) and 33
and in the case of approval, the Commission shall proceed to publication of the elements
referred to in Article 32(3).
-
3.Where the proposed amendment does not involve any change to the single document, the
following rules shall apply:
(a) where the geographical area is in a given Member State, that Member State shall
express its position on the amendment and, if it is in favour, shall publish the
amended product specification and inform the Commission of the amendments
approved and the reasons for them;
(b) where the geographical area is in a third country, the Commission shall determine
whether to approve the proposed amendment.
Article 43
Cancellation
It may be decided, in accordance with the procedure referred to in Article [...]104(2), at the
Article 44
Existing protected wines names
-
1.Wine names, which are protected in accordance with Articles 48 and 54 of Regulation (EC)
No 1493/1999 and Article 28 of Regulation (EC) No 753/2002, shall automatically be
protected under this Regulation. The Commission shall list them in the register provided for
in Article 39.
-
2.Member States shall, in respect of the designations of origin and geographical indications
referred to in paragraph 1, transmit to the Commission:
(a) the technical files as provided for in Article 28(1);
(b) the national decisions of approval [...].
-
3.Names referred to in paragraph 1, for which the information referred to in paragraph 2 is not
submitted by [31 December [...]2011], shall lose protection under this Regulation. The
Commission shall take the corresponding formal step of removing such names from the
register provided for in Article 39.
-
4.Article 43 of this Regulation shall not apply in respect of the designations of origin and
geographical indications referred to in paragraph 1.
[...] It may be decided, until [31 December [...]2014], at the initiative of the Commission
SECTION 6
GENERAL PROVISIONS
Article 45
Implementing rules
Detailed rules for the implementation of this Chapter shall be adopted in accordance with the
procedure referred to in Article 104(1).
Those rules may in particular include derogations from the applicability of the rules and
requirements laid down in this Chapter:
(a) insofar as pending applications for protection of designations of origin or geographical
indications are concerned;
(b) insofar as the production of certain wines with a protected designation of origin or
geographical indication in a geographical area in proximity of the geographical area
where the grapes originate is concerned;
(c) insofar as traditional production practices of certain wines with a protected
designation of origin are concerned.
Article 46
Chapter IIIb
Traditional terms
Article 46a
Definitions
-
1."Traditional term" shall mean a term traditionally used in Member States for
products referred to in Article 26a(1) to designate:
(a) that [...] the product has a protected designation of origin or geographical
indication under Community or Member State law;
(b) the production or ageing method or the quality, colour, type of place, or a
particular event linked to the history, of [...] the product with a protected
designation of origin or geographical indication.
-
2.Traditional terms shall be recognised, defined and protected in accordance with the
procedure referred to in Article 104(1).
Article 46b
Protection
Article 46c
Implementing rules
Detailed rules for the implementation of this Chapter shall be adopted in accordance with the
procedure referred to in Article 104(1), in particular concerning:
(a) the procedure conferring protection;
(b) the specific level of protection.
Chapter IV
Labelling and presentation
Article 47
Definition
For the purposes of this Regulation:
-
-"labelling" means any words, particulars, trademarks, brand name, pictorial matter or
symbol placed on any packaging, document, notice, label, ring or collar accompanying or
referring to a given product;
-
-"presentation" means any [...] information conveyed to consumers by virtue of the
packaging of the product concerned including the form and type of bottles[...].
Article 49
Compulsory particulars
1.
Labelling and presentation of the products referred to in points 1 to [...]10, 12, 14 and 15
of Annex IV marketed in the Community or for export shall contain the following
compulsory particulars:
(a) the designation for the category of the grapevine product in accordance with Annex
IV;
(b) for wines with a protected designation of origin or geographical indication:
-
-the term "protected designation of origin" or "protected geographical indication",
and
-
-the name of the protected designation of origin or geographical indication.
(c) the actual alcoholic strength by volume;
(d) an indication of provenance [...];
(e) an indication of the bottler or, in the case of sparkling wine, aerated sparkling
wine, quality sparkling wine or quality aromatic sparkling wine, the name of the
producer or vendor;
(f) an indication of the importer in the case of imported wines;
(g) in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or
quality aromatic sparkling wine, an indication of the sugar content.
-
2.By way of derogation from point (a) of paragraph 1 the reference to the category of the
grapevine product may be omitted for wines whose labels include the protected name of a
Article 50
Optional particulars
-
1.Labelling and presentation of products referred to in Article 49(1) may in particular
contain the following optional particulars:
(a) the vintage year;
(b) the name of one or more wine grape varieties;
(c) in the case of wines other than the ones referred to in Article 49(1)(g), terms
indicating the sugar content;
(d) for wines with a protected designation of origin or geographical indication,
traditional terms [...] as referred to in Article 46a(1)(b);
(e) the Community symbol indicating the protected designation of origin or
geographical indication;
(f) terms referring to certain production methods;
(g) for wines bearing a protected designation of origin or geographical indication
the name of another geographical unit that is smaller or larger than the area
underlying the designation of origin or geographical indication. [...]
-
2.Without prejudice to Article 35(3), as regards the use of particulars referred to in
paragraph 1(a) and (b) for wines without a protected designation of origin or
geographical indication[...]:
(a) Member States shall introduce laws, regulations or administrative provisions to
(b) Member States may, on the basis of non-discriminatory and objective criteria
and with due regard to [...] loyal competition, for wine produced from wine
grape varieties on their territory, draw-up lists of excluded wine grape varieties,
in particular if:
(i) there is a risk of confusion of consumers as to the true origin of the wine
due to the fact that the given wine grape variety forms an integral part of
an existing protected designation of origin or geographical indication;
(ii) the relevant controls would not be cost-effective due to the fact that the
given wine grape variety represents a very small part of the Member
State vineyard.
(c) mixtures of wine grape varieties from different Member States shall not give
rise to labelling of the wine grape variety or varieties unless the Member States
concerned agree otherwise and ensure the feasability of the relevant
certification, approval and control procedures.
Article 51
Languages
-
1.Compulsory and optional particulars referred to in Articles 49 and 50 [...] shall, where
expressed in words, appear in one or more of the official languages of the Community.
Article 52
Enforcement
The competent authorities of the Member States shall take measures to ensure that [...] a product
referred to in Article 49(1) not labelled in conformity with this Chapter is not placed on or is
withdrawn from the market.
Article 53
Implementing rules
Detailed rules for the implementation of this Chapter shall be adopted in accordance with the
procedure referred to in Article104(1).
Those rules may in particular include:
(a) details on the indication of provenance of the [...] relevant product;
(b) the terms of use of the optional particulars listed in Article 50;
(c) [...]specific requirements relating to the indications concerning the vintage year and
the wine grape variety displayed on labels as referred to in Article 50(2);
(d) [...]further derogations in addition to those referred to in Article 49(2) which provide
that the reference to the category of the grapevine product may be omitted;
(e) rules concerning protection to be conferred in relation to the presentation of a given
Chapter V
Producer and inter-branch organisations
Article 54
Producer organisations
-
1.Member States [...] may recognise [...] producer organisations [...] which [...]:
(a) [...] are constituted by producers of products covered by this Regulation;
(b) [...] are formed on the initiative of producers;
(c) [...] pursue a specific aim, which may in particular relate to one or more of the
following:
(i) adapting production jointly to the requirements of the market and improving
the product;
(ii) promoting concentration of supply and the placing on the market of the
products produced by its members;
(iii) promoting the rationalisation and improvement of production and processing;
(iv) reducing production costs and market management costs and stabilising
producer prices;
(v) promoting and providing technical assistance for the use of environmentally
respectful cultivation practices and production techniques;
(vi) promoting initiatives for the management of by-products of wine making and
(d) [...]apply rules of association which [...] require [...] their members, in particular,
to:
(i) apply the rules adopted by the producer organisation relating to production
reporting, production, marketing and protection of the environment;
(ii) provide the information requested by the producer organisation for statistical
purposes, in particular on growing areas and market evolution;
(ii) pay penalties for infringement of obligations under the rules of association.
(e) [...]have lodged an application for recognition as a producer organisation [...] with
the Member State concerned and the application contains the following items:
(i) evidence that the entity meets the requirements laid down in points (a) to (d);
(ii) evidence that it has a minimum number of members, to be laid down by the
Member State concerned;
(iii) evidence that it covers a minimum volume of marketable production in the
area where the organisation operates, to be laid down by the Member State
concerned;
(iv) evidence that it can carry out its activities properly, both over time and in
terms of effectiveness and concentration of supply;
(v) evidence that it effectively enables its members to obtain technical assistance
in using environmentally sound cultivation practices.
-
2.Producer organisations recognised in accordance with Regulation (EC) 1493/1999 shall
be considered as recognised producer organisations under this Article.
(c) it carries out one or more of the following measures in one or more regions of the
Community, taking account of public health and the interests of consumers:
(i) improving knowledge and transparency of production and the market;
(ii) helping to better coordinate the way products are placed on the market, in
particular by means of research and market studies;
(iii) drawing up standard forms of contract compatible with Community rules;
(iv) exploiting more fully the potential of production;
(v) providing the information and carrying out the research necessary to adjust
production towards products more suited to market requirements and
consumer tastes and expectations, in particular with regard to product quality
and protection of the environment;
(vi) providing information on particular characteristics of wine with a protected
designation of origin or geographical indication;
(vii) seeking ways of restricting the use of plant-health products and other inputs
and ensuring product quality and soil and water conservation;
(viii) promoting integrated production or other environmentally sound production
methods;
(ix) encouraging moderate and responsible consumption of wine and informing on
the harm linked to [...] hazardous consumption patterns;
(x) carrying out promotion actions for wine, especially in third countries;
(xi) developing methods and instruments for improving product quality at all
stages of production, vinification and marketing;
(d) [...] have lodged an application for recognition [...]with the Member State
concerned and the application contains the following items:
(i) evidence that the entity meets the requirements laid down in points (a) to (c);
(ii) evidence that the entity carries out its activities in one or more regions in the
territory concerned;
(iii) evidence that the entity represents a significant share of the production of or
trade in products covered by this Regulation;
(iv) evidence that the entity does not engage in the production or processing or
marketing of products covered by this Regulation.
-
2.Organisations meeting the criteria set-out in paragraph 1, which have been recognised
by Member States, shall be considered as recognised inter-branch organisations under
this Article.
Article 56
Recognition procedure
-
1.Applications for recognition as a producer organisation or inter-branch organisation shall be
lodged with and examined by the Member State where the organisation has its [...]
headquarters.
Such rules shall be proportionate to the objective pursued and shall not :
(a) relate to any transaction after the first marketing of the produce concerned;
(b) allow for price fixing, including where prices are set for guidance or
recommendation;
(c) render unavailable an excessive proportion of the vintage that would otherwise be
available;
(d) provide scope for refusing to issue the national and Community certificates required
for the circulation and marketing of wines where such marketing is in accordance
with those rules.
-
2.The rules referred to in paragraph 1 must be brought to the attention of operators by
publication in extenso in an official publication of the Member State concerned.
Article 58
Monitoring
Member States shall:
(a) carry out checks at regular intervals to ascertain that producer organisations and inter-branch
organisations comply with the terms and conditions for recognition laid down in Articles 54
and 55;
(b)
withdraw recognition if a producer or inter-branch organisation no longer complies with the
relevant requirements and impose penalties on such organisations in the event of non-
TITLE IV
TRADE WITH THIRD COUNTRIES
Chapter I
Common provisions
Article 60
General principles
-
1.Save as otherwise provided for in this Regulation, the rates of duty in the Common Customs
Tariff shall apply to the products covered by this Regulation.
-
2.Save as otherwise provided for in this Regulation or in provisions adopted pursuant thereto,
the following shall be prohibited in trade with third countries:
(a) the levying of any charge having equivalent effect to a customs duty;
(b) the application of any quantitative restriction or measure having equivalent effect.
Article 61
Combined Nomenclature
The general rules for the interpretation of the Combined Nomenclature and the special rules for its
Chapter II
Import and export licences
Article 62
Import and export licences
-
1.It may be decided, in accordance with the procedure referred to in Article 104(1), that
imports into the Community or exports from the Community of one or more of the products
falling under CN codes 2009 61, 2009 69 and 2204 shall be subject to the presentation of an
import or export licence.
-
2.When applying paragraph 1, account shall be taken of the need for licences for the
management of the markets concerned and, in particular, in the case of import licences, for
monitoring the imports of the products in question.
Article 63
Issue of licences
Import and export licences shall be issued by Member States to any applicant, irrespective of his
place of establishment in the Community, unless a Council Regulation or any other act of the
Council provides otherwise, and without prejudice to measures taken for the application of
Article 65
Security
-
1.Save as otherwise provided for in accordance with the procedure referred to in Article
104(1), licences shall be issued subject to the lodging of a security guaranteeing that the
products are imported or exported during the term of validity of the licence.
-
2.Except in cases of force majeure, the security shall be forfeited in whole or in part if the
import or export is not carried out, or is carried out only partially, within the period of
validity of the licence.
Article 66
Special security
-
1.For juice and musts falling under CN codes 2009 61, 2009 69 and 2204 30 for which the
application of the Common Customs Tariff duties depends on the import price of the
product, the actual amount of that price shall be verified either by checking every
consignment or by using a flat-rate import value calculated by the Commission on the basis
of price quotations for the same products in the countries of origin.
Should the declared entry price of the consignment be higher than the flat-rate import value,
if such applies, increased by a margin adopted in accordance with [...]the procedure
-
2.In the event that derogations by the Council referred to in points B.5 or C of Annex VI are
applied to imported products, importers shall lodge a security for those products with the
designated customs authorities at the time of release for free circulation. The security shall
be released on presentation by the importer of proof, to the satisfaction of the customs
authorities of the Member State of release for free circulation, that the musts were made into
grape juice, used in other products outside the wine sector or, if vinified, have been
appropriately labelled.
Article 67
Implementing rules
Detailed rules for the implementation of this Chapter shall be adopted in accordance with the
procedure referred to in Article 104(1).
Those rules may in particular include:
(a) the setting of criteria for determining which control method is to be applied;
(b) what factors are to enter into the calculation of flat-rate import values;
(c) the level of securities referred to in Articles 65 and 66 and rules governing the release
thereof;
(d) where applicable, the list of products in respect of which import or export licences are
required;
(e) where applicable, the conditions under which licences shall be issued and their term of
Chapter III
Safeguard measures
Article 68
Safeguard measures
-
1.Safeguard measures against imports into the Community shall be taken by the Commission,
subject to paragraph 3 of this Article, in accordance with Council Regulations (EC)
No 519/9417 and (EC) No 3285/9418.
-
2.Save as otherwise provided for pursuant to any other act of the Council, safeguard measures
against imports into the Community provided for in international agreements concluded in
accordance with Article 300 of the Treaty shall be taken by the Commission in accordance
with paragraph 3 of this Article.
-
3.Measures referred to in paragraphs 1 and 2 may be taken by the Commission at the request
of a Member State or on its own initiative. If the Commission receives a request from a
Member State, it shall take a decision thereon within five working days following receipt of
the request.
The Member States shall be notified of such measures, which shall be immediately
-
4.Where the Commission considers that any safeguard measure taken in accordance with
paragraphs 1 or 2 should be revoked or amended, it shall proceed as follows:
(a) where the measure was enacted by the Council, the Commission shall propose to the
Council that it be revoked or amended. The Council shall act by a qualified majority;
(b) in all other cases, Community safeguard measures shall be revoked or amended by
the Commission.
Article 69
Additional import duties
-
1.An additional import duty shall apply to imports, subject to the rate of duty laid down in
Article 60(1), of grape juice and grape must where marked with a special safeguard clause
indication ("SSG") in the Agreement on Agriculture concluded during the Uruguay Round
Multilateral Trade Negotiations, in order to prevent or counteract adverse effects on the
market of the Community which may result from those imports, if:
(a) the imports are made at a price below the level notified by the Community to the
WTO, or
(b) the volume of imports in any year exceeds a certain level.
The volume referred to in point (b) shall be based on market access opportunities defined,
where applicable, as imports as a percentage of the corresponding domestic consumption
during the three previous years.
-
3.For the purposes of paragraph 1(a), import prices shall be determined on the basis of the cif
import prices of the consignment under consideration.
Cif import prices shall be checked against the representative prices for the product on the
world market or on the Community import market for that product.
Article 70
Suspension of inward and outward processing arrangements
-
1.Where the Community market is disturbed or is liable to be disturbed by inward or outward
processing arrangements, it may be decided, at the request of a Member State or on the
Commission's initiative and in accordance with the procedure referred to in Article 104(1),
to suspend fully or partially the use of inward or outward processing arrangements for the
products covered by this Regulation. If the Commission receives a request from a Member
State, a decision thereon shall be taken within five working days following receipt of the
request.
The Member States shall be notified of such measures, which shall be immediately
applicable.
Measures decided pursuant to the first subparagraph may be referred to the Council by any
Member State within five working days of the date on which they were notified. The
Article 71
Implementing rules
Detailed rules for the implementation of this Chapter shall be adopted in accordance with the
procedure referred to in Article 104(1).
Chapter IV
Rules applying to imports
Article 72
Import requirements
-
1.Save as otherwise provided for, in particular in agreements concluded pursuant to
Article 300 of the Treaty, the provisions concerning designations of origin and geographical
indications and labelling set out in Chapters III and IV of Title III of this Regulation, where
applicable, as well as Article 19(2) shall apply to products falling under CN codes 2009 61,
2009 69 and 2204 which are imported into the Community.
-
2.Save as otherwise provided in agreements concluded pursuant to Article 300 of the Treaty,
products referred to in paragraph 1 of this Article shall be produced in accordance with
oenological practices [...] recommended and published by the OIV or authorised by the
(b) an analysis report drawn up by a body or department designated by the country from
which the product comes, in so far as the product is intended for direct human
consumption.
Article 73
Tariff quotas
-
1.Tariff quotas for imports of products covered by this Regulation resulting from agreements
concluded in accordance with Article 300 of the Treaty or from any other act of the Council
shall be opened and administered in accordance with the procedure referred to in Article
104(1).
-
2.Tariff quotas shall be administered in a manner which avoids any discrimination between
the operators concerned, by applying one of the following methods or a combination of them
or another appropriate method:
(a) a method based on the chronological order of the lodging of applications ("first
-
come, first served" principle);
(b) a method of distribution in proportion to the quantities requested when the
-
applications were lodged ("simultaneous examination method");
(c) a method based on taking traditional trade patterns into account ("traditional/new
Those rules may in particular include:
(a) details on the import requirements;
(b) guarantees covering the nature, provenance and origin of the product;
(c) recognition of the document used for verifying the guarantees referred to in point [...](b).
TITLE V
PRODUCTION POTENTIAL
Chapter I
Unlawful plantings
Article 75
Unlawful plantings planted after [...] 31 August 1998
-
1.Producers shall grub up at their own cost areas planted with vines without a corresponding
planting right, where applicable, after [...] 31 August 1998.
-
2.Pending grubbing-up in accordance with paragraph 1, grapes and products made from
grapes from areas referred to in that paragraph may be put into circulation only for the
purposes of distillation at the exclusive expense of the producer. The products resulting
-
4.Member States shall communicate to the Commission by 1 March each year the areas
planted with vines without a corresponding planting right after 1 September 1998 as well as
the areas grubbed up in accordance with paragraph 1.
-
5.The end of the transitional ban on new plantings on 31 December [...] 2015, as provided for
in Article 80(1), shall not affect the obligations provided for in this Article.
Article 76
Obligatory regularisation of unlawful plantings planted before 1 September 1998
-
1.Producers shall, against the payment of a fee and not later than 31 December 2009,
regularise areas planted with vines without a corresponding planting right, where
applicable, before 1 September 1998.
Without prejudice to any proceedings under clearance of accounts, the first
subparagraph shall not apply to areas regularised [...] on the basis of Article 2(3) of
Regulation (EC) No 1493/1999.
-
2.The fee referred to in paragraph 1 shall be determined by Member States. It shall be
equivalent to at least twice the average value of the corresponding planting right in the
Member States shall impose penalties, graduated according to the severity, extent and
duration of the non-compliance, on producers who do not comply with this grubbing-up
obligation.
Pending the grubbing-up referred to in the first subparagraph paragraph 3 shall apply
mutatis mutandis.
-
5.Member States shall communicate to the Commission by 1 March [...] of each of the
relevant years:
(a) the areas planted with vines without a corresponding planting right before
1 September 1998;
(b) the areas regularised in accordance with paragraph 1, the fees as provided for in that
paragraph as well as the average value of the regional planting rights as provided for
in paragraph 2.
Member States shall, for the first time by 1 March 2010, communicate to the Commission
the areas grubbed up in accordance with the first subparagraph of paragraph 4.
-
6.The end of the transitional ban on new plantings on 31 December [...] 2015 as provided for
in Article 80(1), shall not affect the obligations provided for in paragraphs 3, 4 and 5.
-
3.Member States shall notify the Commission of the areas subject to distillation and the
corresponding volumes of alcohol.
Article 78
Accompanying measures
Areas referred to in the first subparagraph of Article 76(1) as long as they are not regularised
and areas referred to in the first subparagraph of Article 75(1) [...] shall not benefit from any
national or Community support measures.
Article 79
Implementing rules
Detailed rules for the implementation of this Chapter shall be adopted in accordance with the
procedure referred to in Article 104(1).
Those rules may in particular include:
(a) details [...] on the communication requirements of Member States including possible
reductions of the budget allocations referred to in Annex II in case of non-compliance;
(b) details on the penalties to be imposed by Member States in case of non-compliance with the
obligations laid down in Articles 75, 76 and 77.
Chapter II
Transitional planting right regime
Article 80
Transitional prohibition on planting vines
-
1.Without prejudice to Article 18 and in particular its third paragraph, the planting of vines of
[...]wine grape varieties classifiable according to [...] Article 18(1) shall be prohibited until
31 December [...] 2015.
2.
Until 31 December [...] 2015, grafting-on of wine grape varieties classifiable according to
[...]Article 18(1) to varieties other than wine grape varieties referred to in that Article shall
also be prohibited.
-
3.Notwithstanding paragraphs 1 and 2, plantings and grafting-on as referred to in those
paragraphs shall be allowed if covered by:
(a) a new planting right, as provided for in Article 81;
(b) a replanting right, as provided for in Article 82;
(c) a planting right granted from a reserve as provided for in Articles 83 and 84.
Article 81
New planting rights
-
1.Member States may grant new planting rights to producers in respect of areas:
(a) intended for new plantings carried out under measures for land consolidation or
measures concerning compulsory purchases in the public interest adopted under
national legislation or;
(b) intended for experimental purposes or;
(c) intended for graft nurseries or;
(d) whose wine or vine products are intended solely for the consumption by the wine-
grower's family.
-
2.New planting rights granted shall:
(a) be exercised by the producer to whom they are granted;
(b) be used before the end of the second wine year after the one in which they were
granted;
(c) be used for the purposes for which they were granted.
Article 82
Replanting rights
-
3.Replanting rights granted shall correspond to the equivalent of the grubbed-up area in terms
of pure crop.
-
4.The replanting rights shall be exercised on the holding in respect of which they were
granted. Member States may further stipulate that such replanting rights may be exercised
only on the area where the grubbing-up was carried out.
-
5.By way of derogation from paragraph 4, Member States may decide that replanting rights
may be transferred, in whole or in part, to another holding in the same Member State in the
following cases:
(a) part of the holding concerned is transferred to that other holding;
(b) areas on that other holding are intended for:
-
-the production of wines with a protected designation of origin or a protected
geographical indication, or
-
-the cultivation of graft nurseries.
Member States shall ensure that the application of the derogations provided for in the first
subparagraph does not lead to an overall increase in production potential on their territory, in
particular when transfers are made from non-irrigated to irrigated areas.
-
6.Paragraphs 1 to 5 shall apply mutatis mutandis to rights similar to replanting rights acquired
under prior Community or national legislation.
Article 83
National and regional reserve of planting rights
-
1.In order to improve management of the production potential Member States shall create a
national reserve or regional reserves of planting rights.
-
2.Member States which have established national or regional reserves of planting rights under
Regulation (EC) No 1493/1999 may maintain those reserves until 31 December [...] 2015.
-
3.The following planting rights shall be allocated to the national or regional reserves if they
are not used within the prescribed period:
(a) new planting rights;
(b) replanting rights;
(c) planting rights granted from the reserve.
-
4.Producers may transfer replanting rights to the national or regional reserves. The conditions
of such transfer, where necessary in return for a payment from national funds, shall be
determined by the Member States taking into account the legitimate interests of the parties.
-
5.By way of derogation from paragraph 1, Member States may decide not to implement a
reserve system provided that they can prove that an effective alternative system for
managing planting rights exists throughout their territory. The alternative system may,
Article 84
Granting planting rights from the reserve
-
1.Member States may grant rights out of a reserve:
(a) without payment, to producers who are under 40 years of age, who possess adequate
occupational skill and competence, who are setting up for the first time [...] and who
are established as the head of the holding;
(b) against payment into national or, if appropriate, regional funds, to producers who
intend to use the rights to plant vineyards whose production has an assured outlet.
Member States shall define the criteria for setting the amounts of the payment referred to in
point (b), which may vary depending on the final intended product of the vineyards
concerned and on the residual transitional period during which the prohibition on new
plantings as provided for in Article 80(1) and (2) applies.
-
2.Where planting rights granted from a reserve are used, Member States shall ensure that:
(a) the location, the varieties used and the cultivation techniques used guarantee that the
subsequent production is adapted to market demand;
(b) the yields concerned are typical of the average in the region, in particular where
planting rights originating in non-irrigated areas are used in irrigated areas.
-
5.If regional reserves exist in a Member State, the Member State may lay down rules
permitting the transfer of planting rights between regional reserves. If both regional and
national reserves exist in a Member State, the Member State may also allow for transfers
between those reserves.
Transfers may be subject to a reduction coefficient.
Article 85
De minimis
This Chapter shall not apply in Member States where [...] the Community planting right regime
did not apply by 31 December 2007.
Article 86
Stricter national rules
Member States may adopt stricter national rules in respect of the award of new planting rights or
replanting rights. They may require that the respective applications and the relevant information to
be supplied therein be supplemented by additional information necessary for monitoring the
development of production potential.
These rules may in particular include:
(a) provisions to avoid excessive administrative charges when applying the provisions of this
Chapter;
(b) the co-existence of vines pursuant to Article 82(2);
(c) the application of the reduction coefficient referred to in Article 84(5).
Chapter III
Grubbing-up scheme
Article 88
Scope and definition
[...] This Chapter lays down the conditions under which [...]vine-growers shall receive a premium
in exchange for grubbing up vines (hereinafter "grubbing-up premium").
[...]
Article 89
Duration of the scheme
The grubbing-up scheme shall apply until the end of the wine year [...]2010/2011.
Article 90
Conditions [...]of eligibility
The grubbing-up premium may be granted only if the area concerned complies with the following
conditions:
(a) it did not receive Community or national support for restructuring and conversion-type
measures [...] within the 10 wine years preceding the grubbing-up request;
(b) it did not receive Community support under any other common market organisation within
the five wine years preceding the grubbing-up request;
(c) it is tended;
(d) it is not smaller than 0.1 hectare. However, that minimum size may be 0.3 hectare, if a
Member State so decides, for certain administrative regions of that Member State in
which the average of the area planted with vines of a wine holding exceeds one hectare;
(e) it has not been planted in violation of any applicable Community or national provision;
(f) it is planted with a wine grape variety [...]classifiable according to Article 18(1).
Notwithstanding point (e), areas regularised in accordance with Article 2(3) of Regulation (EC)
No 1493/1999 and Article 76(1) of this Regulation shall be eligible for the grubbing-up premium.
Article 91
Amount of the grubbing-up premium
Article 92
Procedure and budget
-
1.Interested producers shall submit applications for the grubbing-up premium to the respective
authorities in Member States not later than [...] 15 September of each year. Member States
may fix an earlier date than 15 September provided that it is later than 30 June and
provided that they take into due account, where applicable, their application of the
exemptions foreseen in Article 94.
2.
Member States shall carry out administrative controls concerning the applications
received, [...] process eligible applications and notify to the Commission by 15 October
each year the total area and amounts covered by those applications split by regions and by
yield ranges.
3.
The maximum annual budget for the grubbing-up scheme is set out in Annex VII.
4.
By 15 November each year, in accordance with the procedure referred to in Article 104(1), a
single percentage for acceptance of the amounts notified shall be set if the total amount
notified to the Commission by Member States exceeds the available budget resources,
regard being had, where applicable, to the application of Articles 94(2) and (2a).
5.
By [...] 1 February each year, Member States shall accept the applications:
(a) for the areas applied for in their entirety if the Commission has not set a percentage
Member States shall notify to the Commission by [...] 1 March each year the applications
accepted split by regions and by yield ranges and the total amount of grubbing-up premiums
paid by region.
-
6.For the preceding wine year, Member States shall notify to the Commission by 15 [...]
October each year:
(a) the areas grubbed-up split by regions and by yield ranges;
(b) the total amount of grubbing-up premiums paid by region.
Article 93
Cross-compliance
Where farmers are found to not have complied on their holding, at any time during [...]three [...]
years from payment of the grubbing-up premium, with the statutory management requirements and
the good agricultural and environmental condition referred to in Articles 3 to 7 of Regulation (EC)
No 1782/2003, the amount of the payment shall, where non-compliance is the result of an action or
omission directly imputable to the farmer, be reduced or cancelled, partially or wholly depending on
the severity, extent, permanence and repetition of the non-compliance, and the farmer shall, where
applicable, be ordered to reimburse it in accordance with the conditions set out in the said
provisions.
-
2.It may be decided, in accordance with the procedure referred to in Article 104(1), to
stop the application of the grubbing-up scheme in [...]a Member State [...] if, taking
into account the pending applications, continued grubbing-up would lead to a
cumulated area grubbed-up of more than 15% of the Member State's total area
planted with vines as referred to in Annex VIII.
2a. It may be decided, in accordance with the procedure referred to in Article 104(1), to
stop the application of the grubbing-up scheme in a Member State for a given year if,
taking into account the pending applications, continued grubbing-up would lead to an
area grubbed-up of more than 6% of the Member State's total area planted with vines
as referred to in Annex VIII in that particular year of the scheme's operation.
3.
Member States may declare vines in mountain and steep slope areas ineligible for the
grubbing-up scheme in accordance with conditions to be determined in accordance with the
procedure referred to in Article 104(1).
4.
Member States may declare areas ineligible for the grubbing-up scheme where application
of the scheme would be incompatible with environmental concerns. Areas thus declared
ineligible shall not exceed [...]3% of the total area planted with vines as referred to in
Annex VIII.
4a.
Greece may declare areas planted with vines on the Aegean islands and the Greek
Ionian islands, with the exception of Crete and Eubia, ineligible under the grubbing-up
-
6.Member States shall grant producers in the areas ineligible or declared ineligible under
paragraphs [...]3 [...] to 4b priority under other support measures laid down in this
Regulation, in particular, where applicable, the restructuring and conversion measure under
the support programmes and rural development measures.
Article 95
[deleted]
Article 96
De minimis
This Chapter shall not apply in Member States where wine production does not exceed
[...]50 000 hectolitres per wine year. This production shall be calculated on the basis of the average
production during the latest five wine years.
Article 97
Complementary national aid
Member States may grant complementary national aid not exceeding 75% of the applicable
grubbing-up premium [...] in addition to the grubbing-up premium granted.
Those rules may in particular include:
(o) details on the conditions of eligibility referred to in Article 90, in particular as regards
proof that areas were properly tended in 2006 and 2007;
(a) the premium scales and levels referred to in Article 91;
[...]
(b) the criteria for exemption as referred to in Article 94;
(c) the reporting requirements of Member States concerning the implementation of the
grubbing-up scheme, including penalties in case of delays in reporting and the information
which Member States give to producers concerning the availability of the scheme,
(d) the reporting requirements as regards complementary national aid;
(e) deadlines for payments.
TITLE VI
GENERAL PROVISIONS
Article 99
Vineyard register
-
1.Member States shall maintain a vineyard register which contains updated information on the
production potential.
2.
Member States in which the total area planted with vines of wine grape varieties
Article 101
Duration of vineyard register and inventory
It may be decided, in accordance with the procedure referred to in Article 104(1), that Articles 99
and 100 no longer apply any time after 1 January [...] 2016.
Article 102
Compulsory declarations
-
1.Producers of grapes for wine-making and producers of must and wine shall declare to the
competent national authorities each year the quantities produced from the last harvest.
-
2.Member States may require merchants of grapes for wine-making to declare each year the
quantities marketed from the last harvest.
-
3.Producers of must and wine, and merchants other than retailers, shall declare to the
competent national authorities each year their stocks of must and wine, whether from the
harvest of the current year or from the harvest of preceding years. Must and wine imported
from third countries shall be stated separately.
Article 103
Accompanying documents and register
Article 104
[...]Committee procedure
1.
[...]Where competences are conferred upon the Commission in this Regulation and
reference is made to this paragraph the procedure to be followed [...] shall be [...]the
one provided for in Article 195(2) of Regulation (EC) No 1234/2007.
[...]
-
2.Where competences are conferred upon the Commission in this Regulation and
reference is made to this paragraph:
(a) the Commission shall be assisted by a Regulatory Committee;
(b) Articles 5 and 7 of Decision 1999/468/EC shall apply;
(c) the period referred to in Article 5(6) of Decision 1999/468/EC shall be three
months.
Article 105
Financial resources
The measures provided for in Chapter I of Title II, with the exception of the measure referred to
in Article 7(x), and Chapter III of Title V shall constitute intervention to regulate agricultural
markets as referred to in Article 3(1)(b) of Regulation (EC) No 1290/2005 [...].
Article 106
Exchange of information between the Member States and the Commission
-
2.Detailed rules shall be adopted in accordance with the procedure referred to in Article
104(1) to determine what information is necessary for the application of paragraph 1 of this
Article, as well as its form, content, timing and deadlines and the arrangements for
transmitting or making information and documents available.
Article 107
Monitoring
For the purposes of applying this Regulation, Member States shall ensure that [...] those
administration and control procedures which relate to areas are compatible with the integrated
administration control system (IACS) as regards the following elements:
(a) the computerised data base;
(b) the identification systems for agricultural parcels referred to in Article 20(1) of
Regulation (EC) No 1782/2003;
(c) the administrative checks.
Those procedures shall allow, without any problems or conflicts, a common functioning or the
exchange of data with the IACS.
Article 108
Controls and administrative penalties and their reporting
With the exception of the matter covered by Article 145(n)a) of Regulation (EC) No 1782/2003
(c) a system for applying administrative penalties where non-compliances with any of the
obligations resulting from the application of this Regulation is found, taking into account the
severity, extent, permanence and repetition of the non-compliance found;
(d) the rules regarding recovery of undue payments resulting from the application of this
Regulation;
(e) the rules on reporting of the controls carried out as well as their results.
Article 109
Designation of responsible national authorities
-
1.Without prejudice to Article 40, Member States shall designate one or more authorities
which shall be responsible for ensuring compliance with Community rules in the wine
sector. In particular, Member States shall designate the laboratories authorised to carry out
official analyses in the wine sector. The designated laboratories shall meet the general
criteria for the operation of testing laboratories set out in ISO/IEC 17025.
-
2.Member States shall inform the Commission of the names and addresses of the authorities
and laboratories referred to in paragraph 1. The Commission shall make this information
publicly available.
Article 109a
National aid for distillation in case of crisis
-
4.Member States who wish to make use of the aid referred to in paragraph 1 shall
submit a duly substantiated notification to the Commission. The decision on whether
the measure is approved and aid can be granted shall be adopted in accordance with
the procedure referred to in Article 104(1).
-
5.The alcohol resulting from distillation referred to in paragraph 1 shall be used
exclusively for industrial or energy purposes.
Article 109b
Report from the Commission
The Commission will produce a report by the end of 2012 at the latest in particular taking
into account the experience gained with the implementation of the reform.
Article 110
Implementing rules
Detailed rules for the implementation of this Title shall be adopted in accordance with the
procedure referred to in Article 104(1).
Those rules may in particular include:
(a) details of the vineyard register provided for in Article 99 and in particular of its use
concerning monitoring and control of the production potential;
TITLE VII
AMENDMENTS, TRANSITIONAL AND FINAL
PROVISIONS
Chapter I
Amendments
Article 110a
Amendments to Regulation (EC) No 1493/1999
In Article 2(3), first subparagraph of Regulation (EC) No 1493/1999 the words "31 July 2002"
are replaced by the following:
"31 July 2008".
Article 111
Amendments to Regulation (EC) No [...] 3/2008
[...] Regulation (EC) No [...] 3/2008 is amended as follows:
(1) In Article 2,
-
-point [...](c) of paragraph 1 is replaced by the following:
"(c) information campaigns on the Community system covering wines with a protected
designation of origin or geographical indication, wines with an indication of the wine
(2) In Article 3(1), point (e) is replaced by the following:
"(e) the desirability of providing information on the Community system covering wines
with a protected designation of origin or geographical indication, wines with an
indication of the wine grape variety and spirit drinks with a protected geographical
indication [...] and the need to inform on responsible drinking patterns and harm
linked to [...] hazardous alcohol consumption;"
(3) In Article [...]13(2), the following subparagraph is added:
"The percentage provided for in the first subparagraph shall be 60% for measures carried
out in the Community concerning information on responsible drinking patterns and harm
linked to [...] hazardous alcohol consumption.".
Article 112
[deleted, paragraphs 2 and 3 moved to Article 111]
Article 113
Amendments to Regulation (EC) No 1782/2003
Regulation (EC) No 1782/2003 is amended as follows:
(1) In Article 33(1), point (a) is replaced by the following:
"(a) they have been granted a payment in the reference period referred to in Article 38
(2) In Article 37(1), the following subparagraph is added:
"For wine the reference amount shall be calculated and adjusted in accordance with points N
and O of Annex VII.".
(3) In Article 41, the following paragraph (1b) is added:
"(1b) In the case of wine and taking into account the latest data made available to it by the
Member States in accordance with [Articles 4a and 92(6)] of Regulation (EC)
No [the wine Regulation], the Commission shall, in accordance with the procedure
referred to in Article 144(2) of this Regulation, adapt the national ceilings set out in
Annex VIII to this Regulation. By 15 October of the year preceding the
adaptation of the national ceilings Member States shall communicate to the
Commission the regional average of the value of entitlements referred to in
point N of Annex VII.".
(4) In Article 43(2), the following point is inserted after point (ac):
"(ad) in the case of wine, the number of hectares as calculated in accordance with points N
and O of Annex VII;".
(5) In Article 44, paragraph 2 is replaced by the following:
"2. "Eligible hectare" shall mean any agricultural area of the holding [...]except areas
under forests or used for non agricultural activities.".
By way of derogation from the first subparagraph, Member States may decide by 1
November 2007 that until a date to be fixed by the Member State but not later than 31
December 2010, the parcels in one or more regions of the Member States may continue
not to be used for:
(a) the production of one or more of the products referred to in Article 1(2) of
Regulation (EC) No 2200/96 and in Article 1(2) of Regulation (EC) No 2201/96.
However in this case, Member States may decide to allow secondary crops to be
cultivated on the eligible hectares during a period of maximum three months
starting each year on 15 August; however, at the request of a Member State,
this date is modified in accordance with the procedure laid down in Article
144(2) for regions where cereals are normally harvested earlier for climatic
reasons, and/or
(b) the production of ware potatoes, and/or
(c) nurseries.".
(7) In Article 63(3), the following subparagraph shall be added:
"With regard to the inclusion of the wine component in the single payment scheme,
Member States may decide, by 1 April 2009, to apply the derogation provided for in
the first subparagraph.".
(8) In Article 71c, the following paragraph is added:
(9) In Article 145,
-
-the following point is inserted after point (d)d):
"(d)e) detailed rules relating to the inclusion of wine support into the single payment
scheme in accordance with Regulation (EC) No [the wine Regulation].";
-
-the following point is inserted after point (n):
"(n)a) with regard to wine, detailed rules relating to cross-compliance as laid
down in Articles 14 and 93 of Regulation (EC) No [the wine Regulation].".
(10) In the second column of Annex IV, the last indent is replaced by the following indent:
"- Maintenance of olive groves and vines in good vegetative condition".
(11) After point M of Annex VII the following points N and O are [...] added:
"N. Wine (grubbing-up)
[... ] Farmers who participate in the grubbing-up scheme laid down in Chapter III of
Title V of Regulation (EC) No [the wine regulation] shall be allocated, in the year
following the grubbing up, payment entitlements equal to the number of hectares for
which they have received a grubbing-up premium.
The unit value of these payment entitlements shall be equal to the regional average of
the value of the entitlements of the corresponding region. However, the unit value shall
[...] in any case not exceed EUR 350/ha.
-
-in respect of a representative reference period of one or more wine years
starting from the wine year 2005/2006. However, the reference criteria used to
establish the reference amount and applicable hectares shall not be based on a
reference period including wine years after the wine year 2007/2008 where the
transfer in support programmes concerns compensation to farmers who have
heretofore received support for potable alcohol distillation or have been the
economic beneficiaries of the support for the use of concentrated grape must to
enrich wine under Regulation (EC) No [the wine regulation];
-
-which shall not exceed the overall available amount for this measure referred to
in Article 6(e) of Regulation (EC) No [the wine regulation]."
(12) In Annex VIII,
-
-an asterisk is inserted after the word "Italy" in the first column of the table;
-
-the following is added underneath the table:
"* The amounts for Italy corresponding to years 2008, 2009 and 2010 shall be reduced by EUR 20 millions (see footnote to Annex II of Regulation (EC) No [the wine Regulation].)".
Article 114
Amendments to Regulation (EC) No 1290/2005
In Article 12 of Regulation (EC) No 1290/2005, paragraph 2 is replaced by the following:
Chapter II
Transitional and final provisions
Article 115
[...] Provisions facilitating transition
In accordance with the procedure referred to in Article 104(1), measures may be adopted:
(a) to facilitate the transition from the arrangements provided for in Regulation (EC)
No 1493/1999 to those established by this Regulation;
(b) where required, to resolve specific practical problems. Such measures, if duly justified, may
derogate from certain provisions of this Regulation.
Article 116
Applicability of State aid rules
(1) Subject to paragraph 2, [...]Articles 87, 88 and 89 of the Treaty shall apply to the
production of and trade in the products covered by this Regulation.
(2) Articles 87, 88 and 89 of the Treaty shall not apply to:
(a) support referred to in Article 3 of this Regulation including support financed in
accordance with Article 13d(5);
(b) [...] complementary national aids referred to in Article 97 [...];
Article 117
Repeals, transitional continued applicability and references
-
1.Subject to paragraphs 2 and 3, Council Regulation (EEC) No 2392/86 and Regulation
(EC) No 1493/1999 are [...] hereby repealed.
Commission Regulation (EC) No 1227/2000 is hereby repealed.
2.
Chapters I and II of Title V, Title VI , Articles 18 and 70 and the corresponding
provisions in particular in the relevant Annexes of Regulation (EC) 1493/1999 and
Regulation (EC) 2392/86 shall continue to apply until the corresponding Chapters of
this Regulation start to apply in accordance with Article 118(2)(e).
3.
[...]The following measures set out in [...] Regulation (EC) 1493/1999 shall continue to
apply [...]in so far as measures eligible under Regulation (EC) No 1493/1999 have been
commenced or undertaken [...] before 1 August 2008 [...]:
(a) the measures under Chapters II and III of Title II (abandonment premiums and
restructuring and conversion). However, no support shall be paid after 15 October
2008 under Chapter III of Title II of Regulation (EC) 1493/1999;
(b) the measures under Title III (market mechanisms);
(c) the measures under Article 63 of Title VII (exports refunds).
Article 118
Entry into force and applicability
-
1.This Regulation shall enter into force on the seventh day following that of its publication in
the Official Journal of the European Union.
-
2.It shall apply as from 1 August 2008, [...]except as follows:
(a) Articles 5 to 8 [...] shall apply as from 30 [...]June 2008;
(b) Article 110a shall apply from 1 January 2008;
(c) Article 113 shall apply as from 1 January 2009;
(d) Chapter III of Title V shall apply as from 30 June 2008;
(e) [...] Chapters II, III, IIIa, IIIb and IV of Title III [...], Articles 99, [...] 102 and
103 and the corresponding provisions in particular in the relevant Annexes of
this Regulation shall [...] apply [...]from 1 August [...] 2009 save as otherwise
provided by way of regulation to be adopted in accordance with the procedure
referred to in Article 104(1).
-
3.Chapter II of Title V shall apply until 31 December [...] 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Definitions
The following definitions shall apply for the purposes of this Regulation:
General
-
1."Wine year": means the production year for the products covered by this Regulation. It
begins on 1 August each year and ends on 31 July of the following year.
Vine-related
-
2."Grubbing-up": means the complete elimination of all vine stocks on [...] an area planted
with vines.
-
3."Planting": means the definitive establishment of vine plants or parts of vine plants,
whether or not grafted, with a view to producing grapes or to establishing a graft nursery.
-
4."Grafting-on": means the grafting of a vine which has already been subject to a previous
grafting.
Produce-related
-
5."Fresh grapes": means the fruit of the vine used in making wine, ripe or even slightly
raisined, which may be crushed or pressed by normal wine-cellar means and which may
(b) is obtained by addition to unfermented grape must, which has a natural alcoholic
strength [...]of not less than 8.5% vol. and is exclusively derived from wine grape
varieties classifiable according to [...]Article 18(1):
-
-either of neutral alcohol of vinous origin, including alcohol obtained from the
distillation of dried grapes, having an actual alcoholic strength [...]of not less
than [...] 96% vol.;
-
-or of an unrectified product derived from the distillation of wine and having an
actual alcoholic strength [...]of not less than 52% vol. and not more than 80%
vol.
-
7."Grape juice": means the unfermented but fermentable liquid product which:
(a) is obtained by appropriate treatment rendering it fit for consumption as it is;
(b) is obtained from fresh grapes or from grape must or by reconstitution. Where
obtained by reconstitution, it shall be reconstituted from concentrated grape must or
concentrated grape juice.
An actual alcoholic strength [...]of the grape juice of not more than 1% vol. is permissible.
-
8."Concentrated grape juice": means uncaramelised grape juice obtained by partial
dehydration of grape juice carried out by any authorised method other than by direct heat in
such a way that the figure indicated by a refractometer used in accordance with a method to
be prescribed at a temperature of 20 °C is not less than 50.9%.
-
9."Wine lees": means:
(a) the residue accumulating in vessels containing wine after fermentation, during
storage or after authorised treatment;
(b) the residue obtained from filtering or centrifuging the product referred to in point (a);
(c) the residue accumulating in vessels containing grape must during storage or after
authorised treatment;
(d) the residue obtained from filtering or centrifuging the product referred to in point (c).
-
10."Grape marc": means the residue from the pressing of fresh grapes, whether or not
fermented.
-
11."Piquette": means a product obtained:
(a) by the fermentation of untreated grape marc macerated in water;
(b) by leaching fermented grape marc with water.
-
12."Wine fortified for distillation": means a product which:
(a) has an actual alcoholic strength [...]of not less than 18% vol. and not more than 24%
vol.;
(b) is obtained exclusively by the addition to wine containing no residual sugar of an
unrectified product derived from the distillation of wine and having a maximum
actual alcoholic strength [...]of 86% vol.;
Alcoholic strength
-
14."Actual alcoholic strength by volume": means the number of volumes of pure alcohol
contained at a temperature of 20° C in 100 volumes of the product at that temperature.
-
15."Potential alcoholic strength by volume": means the number of volumes of pure alcohol
at a temperature of 20° C capable of being produced by total fermentation of the sugars
contained in 100 volumes of the product at that temperature.
-
16."Total alcoholic strength by volume": means the sum of the actual and potential alcoholic
strengths.
-
17."Natural alcoholic strength by volume": means the total alcoholic strength by volume of
a product before any enrichment.
-
18."Actual alcoholic strength by mass": means the number of kilograms of pure alcohol
contained in 100 kilograms of product.
-
19."Potential alcoholic strength by mass": means the number of kilograms of pure alcohol
capable of being produced by total fermentation of the sugars contained in 100 kilograms of
the product.
[...]
ANNEX II
Budget for support programmes as referred to in Article 8(1)
in 1 000 EUR
Budget year 2009 2010 2011 2012 2013 From 2014
onwards
BG 15 608 21 234 22 022 27 077 26 742 26 762
CZ 2 979 4 076 4 217 5 217 5 151 5 155
DE 22 891 30 963 32 190 39 341 38 867 38 895
EL 14 286 19 167 19 840 24 237 23 945 23 963
ES 213 820 284 219 279 038 358 000 352 774 353 081
FR 171 909 226 814 224 055 284 299 280 311 280 545
IT* [238 223 298 263 294 135 341 174 336 736 336 997
CY 2 749 3 704 3 801 4 689 4 643 4 646
LT 30 37 45 45 45 45
LU 344 467 485 595 587 588
HU 16 816 23 014 23 809 29 455 29 081 29 103
MT 232 318 329 407 401 402
AT 8 038 10 888 11 313 13 846 13 678 13 688
PT 37 802 51 627 53 457 65 989 65 160 65 208
RO 42 100 42 100 42 100 42 100 42 100 42 100
SI 3 522 4 820 4 987 6 169 6 091 6 095
[...]
ANNEX III
Budget allocation for Rural Development [...]
(referred to in Article 17(3))
in 1 000 EUR
From
Budget year 2009 2010 2011
onwards
BG - - -
CZ - - -
DE - - -
EL - - -
ES 15 479 30 959 46 438
FR 11 837 23 673 35 510
IT 13 148 26 296 39 444
CY - - -
LT - - -
LU - - -
HU - - -
ANNEX IV
Categories of grapevine products
-
1.Wine
Wine shall be the product obtained exclusively from the total or partial alcoholic fermentation of
fresh grapes, whether or not crushed, or of grape must.
Wine shall:
(a) have, whether or not following application of the processes specified in point B of Annex V,
an actual alcoholic strength [...]of not less than 8.5% vol. provided that the wine derives
exclusively from grapes harvested in wine-growing zones A and B [...] referred to in
Annex IX, and of not less than 9% vol. in other wine-growing zones;
(b) have, by way of derogation from the otherwise applicable minimum actual alcoholic
strength [...], where it has a protected designation of origin or geographical indication,
whether or not following application of the processes specified in point B of Annex V, an
actual alcoholic strength [...] of [...] [...] not less than 4.5% vol.;
(c) have a total alcoholic strength [...]of not more than 15% vol.. [...]By way of derogation:
(d) have, subject to derogations which may be adopted in accordance with the procedure
referred to in Article 104(2), a total acidity content, expressed as tartaric acid, of not less
than 3.5 grams per litre or 46.6 milliequivalents per litre.
"Retsina" shall be wine produced exclusively in the geographical territory of Greece using grape
must treated with resin from the Aleppo pine. The use of Aleppo pine resin is permitted solely for
the purpose of obtaining "Retsina" wine under the conditions laid down in the Greek provisions
applicable.
By way of derogation from point (b) "Tokaji eszencia" and "Tokajská esencia" [...]are
considered wine.
-
2.New wine still in fermentation
New wine still in fermentation shall be the product in which the alcoholic fermentation is not yet
complete and which is not yet separated from its lees.
-
3.Liqueur wine
Liqueur wine shall be the product:
(a) which has an actual alcoholic strength [...]of not less than 15% vol. and not more than 22%
(c) which is obtained from:
-
-grape must in fermentation, or
-
-wine, or
-
-a combination of the above products, or
-
-grape must or a mixture thereof with wine in so far as liqueur wines, to be
determined in accordance with the procedure referred to in Article [...]104(2), with a
protected designation of origin or geographical indication are concerned.
(d) which has an initial natural alcoholic strength [...]of not less than 12% vol. excepting certain
liqueur wines with a designation of origin or with a protected geographical indication
appearing on a list to be drawn up in accordance with the procedure referred to in
Article [...]104(2);
(e) to which has been added,
(i) individually or in combination:
-
-neutral alcohol of vine origin, including alcohol produced from the
distillation of dried grapes, having an actual alcoholic strength [...]of not less
than 96% vol.;
-
-wine or dried grape distillate, having an actual alcoholic strength [...]of not
less than 52% vol. and not more than 86% vol.
(ii) together with one or more of the following products where appropriate:
(f) to which, by way of derogation from point (e), has been added, in so far as certain liqueur
wines with a protected designation of origin or geographical indication are concerned which
appear on a list to be drawn up in accordance with the procedure referred to in
Article [...]104(2):
(i) either of products listed in point (e)(i) individually or in combination or;
(ii) one or more of the following products:
-
-wine alcohol or dried grape alcohol with an actual alcoholic strength [...]of
not less than 95% vol. and not more than 96% vol.;
-
-spirits distilled from wine or from grape marc, with an actual alcoholic
strength [...]of not less than 52% vol. and not more than 86% vol.;
-
-spirits distilled from dried grapes, with an actual alcoholic strength [...]of not
less than 52% vol. and of less than 94.5% vol.;
(iii) and one or more of the following products, where appropriate:
-
-partially fermented grape must obtained from raisined grapes;
-
-concentrated grape must obtained by the action of direct heat, complying,
with the exception of this operation, with the definition of concentrated grape
must;
-
-concentrated grape must;
-
-a combination of one of the products listed in point (f)(ii) with a grape must
referred to in the first and fourth indents of point (c).
(b) which, when the container is opened, releases carbon dioxide derived exclusively from
fermentation;
(c) which has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when
kept at a temperature of 20 °C in closed containers;
(d) for which the total alcoholic strength of the cuvées intended for their preparation shall
not be less than 8.5% vol..
-
5.Quality sparkling wine
Quality sparkling wine shall be the product:
(a) which is obtained by first or second alcoholic fermentation:
-
-from fresh grapes; [...]
-
-from grape must; [...]
-
-from wine;
(b) which, when the container is opened, releases carbon dioxide derived exclusively from
fermentation;
(c) which has an excess pressure, due to carbon dioxide in solution, of not less than 3.5 bar
5bis. Quality aromatic sparkling wine
Quality aromatic sparkling wines shall be the quality sparkling wine:
(a) which is obtained only by making use, when constituting the cuvée, of grape must or
grape must in fermentation which are derived from specific wine grape varieties on a
list to be drawn up in accordance with the procedure referred to in Article 104(2).
Quality aromatic sparkling wines traditionally produced using wines when constituting
the cuvée, shall be determined in accordance with the procedure referred to in Article
104(2);
(b) which has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar
when kept at a temperature of 20 °C in closed containers;
(c) of which the actual alcoholic strength may not be less than 6% vol.;
(d) of which the total alcoholic strength may not be less than 10% vol..
Specific rules concerning other supplementary characteristics or conditions of production and
circulation shall be adopted in accordance with the procedure referred to in Article 104(2).
(c) has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at
a temperature of 20 °C in closed containers.
-
7.Semi-sparkling wine
Semi-sparkling wine shall be the product which:
(a) is obtained from wine provided that such wine has a total alcoholic strength of not less than
9% vol.;
(b) has an actual alcoholic strength [...]of not less than 7% vol.;
(c) has an excess pressure, due to endogenous carbon dioxide in solution of not less than 1 bar
and not more than 2.5 bar when kept at a temperature of 20 °C in closed containers;
(d) is put up in containers of 60 litres or less.
-
8.Aerated semi-sparkling wine
Aerated semi-sparkling wine shall be the product which:
(a) is obtained from wine [...];
-
9.Grape must
Grape must shall be the liquid product obtained naturally or by physical processes from fresh
grapes. An actual alcoholic strength [...]of the grape must of not more than 1% vol. is permissible.
-
10.Partially fermented grape must [...]
Grape must in fermentation shall be the product obtained from the fermentation of grape must
which has an actual alcoholic strength [...]of more than 1% vol. but less than three fifths of its total
alcoholic strength by volume. [...]
-
11.Partially fermented grape must [...]extracted from raisined grapes
Grape must in fermentation extracted from raisined grapes shall be the product obtained from the
partial fermentation of grape must obtained from raisined grapes, the total sugar content of which
before fermentation is at least 272 grams per litre and the natural and actual alcoholic strength [...]of
which shall not be less than 8% vol. However, certain wines, to be determined in accordance with
the procedure referred to in Article [...]104(2), that meet these requirements shall not be considered
as grape must in fermentation extracted from raisined grapes.
-
13.Rectified concentrated grape must
Rectified concentrated grape must shall be the liquid uncaramelised product which:
(a) is obtained by partial dehydration of grape must carried out by any authorised method other
than direct heat in such a way that the figure indicated by a refractometer used in accordance
with a method to be prescribed in accordance with Article 25 at a temperature of 20 °C is
not less than 61.7%;
(b) has undergone authorised treatment for de-acidification and elimination of constituents other
than sugar;
(c) has the following characteristics:
-
-a pH of not more than 5 at 25 ° Brix;
-
-an optical density at 425 nm for a thickness of 1 cm of not more than 0.100 in grape
must concentrated at 25 ° Brix;
-
-a sucrose content undetectable by a method of analysis to be defined;
-
-a Folin-Ciocalteu index of not more than 6.00 at 25 ° Brix;
-
-a titratable acidity of not more than 15 milliequivalents per kilogram of total sugars;
-
-a sulphur dioxide content of not more than 25 milligrams per kilogram of total
-
sugars;
-
-a total cation content of not more than 8 milliequivalents per kilogram of total
-
-
14.Wine from raisined grapes
Wine from raisined grapes shall be the product which:
(a) is produced without enrichment, from grapes left in the sun or shade for partial
dehydration;
(b) has a total alcoholic strength of at least 16% vol. and an actual alcoholic strength of at
least 9% vol.;
(c) has a natural alcoholic strength of a least 16% vol. (or 272 grams sugar/litre).
-
15.Wine of overripe grapes
Wine of overripe grapes shall be [...]the product which:
(a) is produced [...] without enrichment [...];
(b) has a natural alcoholic strength of more than 15% vol.;
(c) has a total alcoholic strength of not less than [...]15% vol., and an actual alcoholic strength
ANNEX V
Enrichment, acidification and de-acidification in certain wine growing zones
A.
Enrichment limits
1.
Where climatic conditions have made it necessary in certain wine-growing zones of the
Community [...] referred to in Annex IX, the Member States concerned may allow to
supplement the natural alcoholic strength by volume of fresh grapes, grape must, grape must
in fermentation, new wine still in fermentation and wine obtained from [...]wine grape
varieties classifiable according to Article 18(1).
2.
The increase in natural alcoholic strength by volume shall be achieved by means of the
oenological practices referred to in point B and shall not exceed the following limits:
(a) [...]3% vol. in wine-growing zone A [...] [...] referred to in Annex IX;
(b) 2% vol. in wine-growing zone B [...] referred to in Annex IX;
(c) 1,5% vol. in wine-growing zones C [...] referred to in Annex IX.
-
3.In years when climatic conditions have been exceptionally unfavourable Member States
may request that the limit(s) laid down in point 2 be raised by 0,5%. The respective
decision shall be taken in accordance with the procedure referred to in Article 104(1).
The Commission should present the draft legislative measure to the Committee
foreseen in Article 195(1) of Regulation (EC) No 1234/2007 not later than four weeks
after the request has been made [...].
-
2.The processes referred to in point 1 shall be mutually exclusive where wine or grape must
is enriched with concentrated grape must or rectified concentrated grape must and an
aid is paid under Article 13e of this Regulation.
2a. The addition of sucrose provided for in paragraph 1(a) and (b) may only be performed
by dry sugaring and only in the following areas:
(a) wine-growing zone A referred to in Annex IX,
(b) wine-growing zone B referred to in Annex IX,
(c) wine-growing zone C referred to in Annex IX, with the exception of vineyards
in Italy, Greece, Spain, Portugal, Cyprus and vineyards in the French
departments under jurisdiction of the courts of appeal of:
-
-Aix-en-Provence,
-
-Nîmes,
-
-Montpellier,
-
-Toulouse,
-
-Agen,
-
-Pau,
-
-Bordeaux,
-
-Bastia.
-
3.The addition of concentrated grape must or rectified concentrated grape must shall not
have the effect of increasing the initial volume of fresh crushed grapes, grape must,
-
5.The processes referred to in points 1 and [...] 4 shall not raise the total alcoholic strength
[...]of the fresh grapes, grape must, grape must in fermentation, new wine still in
fermentation, or wine:
(a) in wine-growing zone A [...] referred to in Annex IX to more than 11.5% vol.,
(b) in wine-growing zone B [...] referred to in Annex IX to more than 12% vol.,
(c) in wine-growing zones C I [...] [...] referred to in Annex IX to more than 12.5%
vol.,
(d) in wine-growing zone C II [...] referred to in Annex IX to more than 13% vol. and
(e) in wine-growing zone C III [...] referred to in Annex IX to more than 13.5% vol.
-
6.By way of derogation from point [...]5, Member States may
(a) for red wine raise the upper limit of total alcoholic strength [...]of the products
referred to in point 4 to 12% vol. in wine-growing zone A and 12.5% vol. in wine-
growing zone B [...] referred to in Annex IX;
(b) raise the total alcoholic strength by volume of the products referred to in point [...]5
for the production of wines with a designation of origin [...]to a level to be
C. Acidification and de-acidification
-
1.Fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and
wine may be subject to:
(a) [...]de-acidification in wine-growing zones A, B, C I [...] [...] referred to in Annex
IX;
(b) acidification and de-acidification in wine-growing zones C I, C II and C III (a) [...]
referred to in Annex IX, without prejudice to point 7; or
(c) acidification in wine-growing zone C III (b) [...] referred to in Annex IX.
-
2.Acidification of the products, other than wine, referred to in point 1 may be carried out only
up to a limit of 1.50 g/l expressed as tartaric acid, or 20 milliequivalents per litre.
-
3.Acidification of wines may be carried out only up to a limit of 2.50 g/l expressed as tartaric
acid, or 33.3 milliequivalents per litre.
-
4.De-acidification of wines may be carried out only up to a limit of 1 g/l expressed as tartaric
acid, or 13.3 milliequivalents per litre.
D. Processes
-
1.None of the processes referred to in points B and C, with the exception of the acidification
and de-acidification of wines, shall be authorised unless carried out, under conditions to be
determined in accordance with the procedure referred to in Article [...]104(2) of this
Regulation, at the time when the fresh grapes, grape must, grape must in fermentation or
new wine still in fermentation are being turned into wine or into any other beverage
intended for direct human consumption referred to in Article 1(1) other than sparkling wine
or aerated sparkling wine in the wine-growing zone where the fresh grapes used were
harvested.
-
2.The concentration of wines shall take place in the wine-growing zone where the fresh grapes
used were harvested.
-
3.Acidification and de-acidification of wines shall take place only in the wine making
undertaking and in the wine-growing zone where the grapes used to produce the wine in
question were harvested.
-
4.Each of the processes referred to in points 1, 2 and 3 shall be notified to the competent
authorities. The same shall apply in respect of the quantities of concentrated grape must [...]
rectified concentrated grape must or sucrose held in the exercise of their profession by
natural or legal persons or groups of persons, in particular producers, bottlers, processors
-
6.Those processes, subject to derogations justified by exceptional climatic conditions, shall
not be carried out:
(a) in wine-growing zone C [...] referred to in Annex IX after 1 January;
(b) in wine-growing zones A and B [...] referred to in Annex IX after 16 March and
they shall be carried out only for products of the grape harvest immediately preceding those
dates.
-
7.Notwithstanding point 6, concentration by cooling and acidification and de-acidification of
wines may be practised throughout the year.
ANNEX VI
Restrictions
A. General
-
1.All authorised oenological practises shall exclude the addition of water, except where
required on account of a specific technical necessity.
-
2.All authorised oenological practises shall exclude the addition of alcohol, except for
practices related to obtaining fresh grape must with fermentation arrested by the addition of
alcohol, liqueur wine, sparkling wine, wine fortified for distillation and semi-sparkling wine.
-
3.Wine fortified for distillation shall only be used for distillation.
B. Fresh grapes, grape must and grape juice
-
1.Fresh grape must in which fermentation is arrested by the addition of alcohol shall be used
only during the stage of preparation of products which do not fall under CN codes 2204 10,
2204 21 and 2204 29. This is without prejudice to any stricter provisions which Member
States may apply to the preparation in their territory of products which do not fall under CN
codes 2204 10, 2204 21 and 2204 29.
-
4.Grape must in fermentation extracted from raisined grapes, shall be put on the market only
for the manufacture of liqueur wines only in the wine-growing regions where this usage was
traditional on 1 January 1985, and for the manufacture of wine of overripe grapes.
-
5.Subject to any different decision the Council may take in accordance with the international
obligations of the Community, fresh grapes, grape must, grape must in fermentation,
concentrated grape must, rectified concentrated grape must, grape must with fermentation
arrested by the addition of alcohol, grape juice, [...] concentrated grape juice and wine, or
mixtures of the said products, originating in third countries may not be turned into
products referred to in Annex IV [...] or added to [...] such products in the territory of
the Community.
C. Blending of wines
Subject to any different decision the Council may take in accordance with the international
obligations of the Community, coupage of a wine originating in a third country with a Community
wine and coupage between wines originating in third countries shall be prohibited in the
Community.
D. By-products
-
2.Except for alcohol, spirits and piquette, wine or any other beverage intended for direct
human consumption shall not be produced from wine lees or grape marc. The pouring of
wine onto lees or grape marc or pressed aszú pulp shall be allowed under conditions to
be determined in accordance with the procedure referred to in Article 104(2) where
this practice is traditionally used for the production of "Tokaji fordítás" and "Tokaji
máslás" in Hungary and "Tokajský forditás" and "Tokajský máslás" in Slovakia.
-
3.The pressing of wine lees and the re-fermentation of grape marc for purposes other than
distillation or production of piquette is prohibited. Filtering and centrifuging of wine lees
shall not be considered as pressing where the products obtained are of sound, genuine and
merchantable quality.
-
4.Piquette, where its production is authorised by the Member State concerned, shall be used
only for distillation or for consumption in wine-producers' households.
-
5.Without prejudice to the possibility for Member States to decide to require disposal of
by-products by way of distillation, any [...] natural or legal persons or groups of persons
who hold by-products shall be required to dispose of them [...] subject to conditions to be
determined in accordance with the procedure referred to in Article [...]104(2).
ANNEX VII
Budget for grubbing-up scheme
The budget available for the grubbing-up scheme referred to in Article 92(3) shall be:
(a) for the wine year 2008/2009 (2009 budget year): EUR 464 million
(b) for the wine year 2009/2010 (2010 budget year): EUR 334 million
(c) for the wine year 2010/2011 (2011 budget year): EUR 276 million.
ANNEX VIII
Areas which Member States may declare ineligible for the grubbing-up scheme
(referred to in Article 94(1), (2) and (4))
in ha
Member State Total area Areas referred to in
planted with vines Article 94(4)
BG 135 760 [...]4 073
CZ 19 081 [...]572
DE 102 432 [...]3 073
EL [...]69 907 [...]2 097
ES 1 099 765 [...]32 993
FR 879 859 [...]26 396
IT 730 439 [...]21 913
CY [...]15 023 [...]451
LU 1 299 [...]39
HU 85 260 [...]2 558
ANNEX IX
Wine-growing zones
The wine-growing zones to which reference is made in Annex IV and Annex V shall be the
following:
-
1.Wine-growing zone A comprises:
(a) in Germany: the areas [...] planted with vines other than those included in wine-
growing zone B;
(b) in Luxembourg: the Luxembourg wine-growing region;
(c) in Belgium, Denmark, Ireland, the Netherlands, Poland, Sweden and the United
Kingdom: the wine-growing areas of these countries;
(d) in the Czech Republic: the wine growing region of Cechy.
-
2.Wine-growing zone B comprises:
(a) in Germany, the areas [...] planted with vines in the specified region Baden;
(b) in France, the areas [...] planted with vines in the departments not mentioned in this
Annex and in the following departments:
-
-in Alsace: Bas-Rhin, Haut-Rhin;
-
-in Lorraine: Meurthe-et-Moselle, Meuse, Moselle, Vosges;
-
-in Champagne: Aisne, Aube, Marne, Haute-Marne, Seine-et-Marne;
(e) in Slovakia, the areas planted with vines in the following regions: Malokarpatská
vinohradnícka oblast', Juznoslovenská vinohradnícka oblast', Nitrianska
vinohradnícka oblast', Stredoslovenská vinohradnícka oblast' a
Východoslovenská vinohradnícka oblast' and the wine growing areas not included
in point 3;
(f) in Slovenia, the areas [...] planted with vines in the following regions:
-
-in the Podravje region: Stajerska Slovenija, Prekmurje [...];
-
-in the Posavje region: Bizeljsko Sremic, Dolenjska and Bela krajina, and
the areas [...] planted with vines in the regions not included in point 5(d);
(g) in Romania, in the area of Podiul Transilvaniei.
-
3.Wine-growing zone C I [...] comprises:
(a) in France, areas planted with vines:
-
-in the following departments: Allier, Alpes-de-Haute-Provence, Hautes-
Alpes, Alpes-Maritimes, Aričge, Aveyron, Cantal, Charente, Charente-
Maritime, Corrčze, Côte-d'Or, Dordogne, Haute-Garonne, Gers, Gironde,
Isčre (with the exception of the commune of Chapareillan), Landes, Loire,
Haute-Loire, Lot, Lot-et-Garonne, Lozčre, Ničvre (except for the
arrondissement of Cosne-sur-Loire), Puy-de-Dôme, Pyrénées-Atlantiques,
Hautes-Pyrénées, Rhône, Saône-et-Loire, Tarn, Tarn-et-Garonne, Haute-
Vienne, Yonne;
(d) in Portugal, areas planted with vines in that part of the region of Norte which
corresponds to the designated wine area of `Vinho Verde' as well as the `Concelhos
de Bombarral, Lourinhă, Mafra e Torres Vedras' (with the exception of `Freguesias
da Carvoeira e Dois Portos'), belonging to the `Regiăo viticola da Extremadura';
(e) in Hungary, all areas planted with vines;
(f) in Slovakia, areas planted with vines in the [...]Tokajská Vinohradnícka oblast'
[...];
(g) in Romania, areas planted with vines not included in points 2(g) or 4(f).
[...]
-
4.Wine-growing zone C II comprises:
(a) in France, areas planted with vines:
-
-in the following departments: Aude, Bouches-du-Rhône, Gard, Hérault,
Pyrénées-Orientales (except for the cantons of Olette and Arles-sur-Tech),
Vaucluse;
-
-in the part of the department of Var bounded in the south by the northern
limit of the communes of Evenos, Le Beausset, Solličs-Toucas, Cuers, Puget-
Ville, Collobričres, La Garde-Freinet, Plan-de-la-Tour and Sainte-Maxime;
-
-in the arrondissement of Nyons and the cantons of Dieulefit, Loriol,
Marsanne and Montélimar in the department of Drôme;
(c) in Spain, areas planted with vines in the following provinces:
-
-Lugo, Orense, Pontevedra,
-
-Ávilla (except for the communes which correspond to the designated wine
`comarca' of Cebreros), Burgos, León, Palencia, Salamanca, Segovia, Soria,
Valladolid, Zamora,
-
-La Rioja,
-
-Álava,
-
-Navarra,
-
-Huesca,
-
-Barcelona, Girona, Lleida;
-
-in that part of the province of Zaragoza which lies to the north of the river
Ebro;
-
-in those communes of the province of Tarragona included in the Penedés
designation of origin.
-
-in that part of the province of Tarragona which corresponds to the designated
wine `comarca' of Conca de Barberá.
(d) in Slovenia, areas planted with vines in the following regions: [...]Brda or Goriska
Brda, Vipavska dolina or Vipava, Kras and Slovenska Istra;
(e) in Bulgaria, areas planted with vines in the following regions: Dunavska Ravnina
( ), Chernomorski Rayon ( ), Rozova Dolina
( );
(f) in Romania, areas planted with vines in the following regions: Dealurile Buzului,
-
6.Wine-growing zone C III (b) comprises:
(a) in France, areas planted with vines:
-
-in the departments of Corsica;
-
-in that part of the department of Var situated between the sea and a line
bounded by the communes (which are themselves included) of Evenos, Le
Beausset, Solličs-Toucas, Cuers, Puget-Ville, Collobričres, La Garde-Freinet,
Plan-de-la-Tour and Sainte-Maxime;
-
-in the cantons of Olette and Arles-sur-Tech in the department of Pyrénées-
Orientales;
(b) in Italy, areas planted with vines in the following regions: Calabria, Basilicata,
Apulia, Sardinia and Sicily, including the islands belonging to those regions, such as
Pantelleria and the Lipari, Egadi and Pelagian Islands;
(c) in Greece, areas planted with vines not listed in point 5;
(d) in Spain: areas planted with vines not included in 3(c) or 4(c);
(e) in Portugal, areas planted with vines in the regions not included in wine-growing
zone C I [...];
(f) in Cyprus, areas planted with vines located at altitudes not exceeding 600 metres;
(g) in Malta, areas planted with vines
-
7.The demarcation of the territories covered by the administrative units referred to in this
Annex is that resulting from the national provisions in force on 15 December 1981 and, for
Spain, from the national provisions in force on 1 March 1986 and, for Portugal, from the
| publication date | 08-02-2008 |
|---|---|
| reference | 16225/2/07 REV 2 |
