EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2019) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
correcting Delegated Regulation (EU) 2019/934 as regards transitional arrangements for 
the marketing of stocks of grapevine products    
EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
Commission Delegated Regulation (EU) 2019/934 supplementing Regulation (EU) No 
1308/2013 of the European Parliament and of the Council as regards , among others,  
authorised oenological practices and restrictions applicable to the production and conservation 
of grapevine products was adopted on 12 March 2019. Delegated Regulation (EU) 2019/934 
replaces and repeals Commission Regulation (EC) No 606/2009 laying down the authorised 
oenological practices and restrictions applicable to grapevine products in the EU.  
This draft Delegated Regulation correct s an error in Article 15 of  Delegated Regulation  (EU) 
2019/934 to ensure that grapevine products produced between the entry into force and the 
date of application of Delegated Regulation (EU) 2019/934 can be marketed . 
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
On 10 July 2019, Italy requested the  Commission to clarify the dates of repeal of Commission 
Regulation (EC) No 606/2009 and of entry into force and application of Delegated Regulation 
(EU) 2019/934. After analysing Articles 15 (transitional arrangements) and 17 (entry into 
force and applica tion) of Delegated Regulation (EU) 2019/934, the Commission detected an 
error in  Article 15 which should  refer to the date of application of Delegated Regulation (EU) 
2019/934 instead of the date of entry into force.  
Consequently , at the meeting s of the Expert G roup for the Common Organisation of 
Agricultural Markets – Wine of 17 July 2019  and 5 December 2019 , the Commission 
informed the experts of the need to correct Delegated Regulation (EU) 2019/934  and of the 
proposed correction . No objections were ra ised on th ose occasion s. 
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
Article 15 of Delegated Regulation (EU) 2019/934 needs to be corrected in order to cover 
products produced in line with the provisions of Commission Regulation (EC) 606/2009 
between the date of entry into force of the Delegated Regulation , 27 June 2019,  and its date of 
application , 7 December 2019 . The current wording allows for marketing of grapevine 
products produced in line with Commission Regulation (EC) 606/2009 before  the date of 
entry into force of Delegated Regulation (EU) 2019/934, but not between the date of entry 
into force and the date of application of that Regulation . In order to allow the marketing  of 
grapevine products from harvest 2019 , the reference to ‘date o f entry into force’ in Article 15 
of Delegated Regulation (EU) 2019/934 needs to be replaced by ‘date of application’.   
As this modification affects the substance of the delegated act, the appropriate instrument is a 
Commission Delegated Regulation correct ing Delegated Regulation (EU) 2019/934. It will 
apply as long as the European Parliament or the Council expresses no objection within a 
period of two months with the possibility of an extension of this period for another two 
months.  
  
EN 2  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
correcting Delegated Regulation (EU) 2019/934 as regards transitional arrangements for 
the marketing of stocks of grapevine products  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the 
Council of 17 December 2013 establishing a common organisation of the markets in 
agricultural products and re pealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, 
(EC) No 1037/2001 and (EC) No 1234/20071, and in particular Article 75(2) and 80(4) 
thereof,  
Whereas:  
(1) Commission Delegated Regulation (EU) 2019/9342 replaces  and repeals  Commission 
Regulation ( EC) No 606/20093. Following the publication of Delegated Regulation 
(EU) 2019/934 , an error appearing in all language versions of the text was detected.  
(2) The error concerns the transitional arrangements for the marketing of stocks of 
grapevine products lai d down in Article 15 of Delegated Regulation (EU) 2019/934 . 
Regulation (EC) No 606/2009 applie d until 6 December 2019. Delegated Regulation 
(EU) 2019/934 enter ed into force on 27 June 20 19. In order to allow operators 
sufficient time to adapt to the new rules, it was decided to set the date of application of 
that Regulation to 7 December 2019 .  
(3) The transitional arrangements provided for in Article 15 of Delegated Regulation (EU) 
2019/934  were therefore intended to  allow grapevine  products produced in compliance 
with Regulation (EC) No 606/2009 before  the date of application of Delegated 
Regulation (EU) 2019/934 to be placed on the market . Article 15, however, reference s 
the date of entry into f orce of Delegated Regulation (EU) 2019/934  instead of refer ring 
to the date of application of that Regulation . This has the unintended consequence that 
the grapevine products of the new harvest 2019, produced in accordance with 
Regulation (EC) No 606/2009, may not be marketed  if they were produced on or after 
the date of entry into force .  
(4) To allow  the marketing of grapevine products pro duced in accordance  with Regulation 
(EC) No 606/2009 between 27 June  and 6 December 2019 , the transitional 
                                                 
1 OJ L 347, 20.12.2013, p.671.  
2 Commission Delegated Regulation (EU) 2019/934 of 12 March 2019 supplementing Regulation (EU) 
No 1308/2013 of the European Parliament and of the Council as regards wine -growing areas where the 
alcoholic strength may be increased, authorised oenological practices and restriction s applicable to the 
production and conservation of grapevine products, the minimum percentage of alcohol for by -products 
and their disposal, and publication of OIV files (OJ L 149, 7.6.2019, p.1).  
3 Commission Regulation (EC) No 606/2009 of 10 July 2009 la ying down certain detailed rules for 
implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, 
oenological practices and the applicable restrictions (OJ L 193, 24.7 .2009, p. 1).   
EN 3  EN arrangements laid down in Article 15 of Delegated Regulation (EU) 2019/934 should  
be corrected in order to cover th at period . 
(5) Delegated Regulation (EU) 2019/934 should therefore be corrected accordingly . 
(6) The error in  Delegated Regulation (EU) 2019/934 requires a correction to allow for the 
marketing of grapevine products  produced  between 27 June and 6 December 2019 . 
For that reason , this Correcting Regulation should apply retroactively from 27 June 
2019 , 
HAS ADOPTED TH IS REGULATION:  
Article 1  
Delegated Regulation (EU) 2019/934 is corrected as follows:  
Article 15 is replaced by the following:  
“Article 15  
Transitional arrangements  
 
Stocks of grapevine products produced before the date of application of this Regulation in 
accordance with the rules in force before that date may be released for human consumption. ”. 
Article  2 
This Regulation shall enter into force on the third day following that of its publication in the 
Official Journal of the European Union.  
It shall apply from 27 June 2019 . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON DER LEYEN