IP/N/1/EU/G/2  
 
15 April 2013  
(13-1967)  Page: 1/58  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
EUROPEAN UNION 
This document reproduces the text1 of Council Regulation (EC) No 491/2009 of 25 May 2009 
amending Regulation (EC) No 1234/2007 establis hing a common organisation of agricultural 
markets and on specific provisions for certain agricultural products (Single CMO Regulation), as notified by the European Union on 20 Ma rch 2013 under Article 63.2 of the Agreement 
(see document IP/N/1/EU/1).  
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
UNION EUROPÉENNE  
Le présent document contient le texte1 du Règlement (CE) n° 491/2009 du Conseil du 
25 mai 2009 modifiant le Règlement n° 1234/2007 portant organisation commune des marchés 
dans le secteur agricole et dispositions spécifiques en ce qui concerne certains produits de ce secteur (Règlement "OCM unique"), notifié par l'Union européenne le 20 mars 2013 au titre de 
l'article 63:2 de l'Accord (voir le document IP/N/1/EU/1).  
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
U
NIÓN EUROPEA  
En el presente documento se reproduce el texto1 del Reglamento (CE) Nº 491/2009 del Consejo, 
de 25 de mayo de 2009, que modifica el Reglam ento (CE) Nº 1234/2007 por el que se crea una 
organización común de mercados agrícolas y se establecen disposiciones específicas para 
determinados productos agrícolas (Reglamento único para las OCM), notificado por la Unión Europea el 20 de marzo de 2013 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del 
Acuerdo (véase el documento IP/N/1/EU/1).  
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/EU/G/2 
 
- 2 - 
 
  PP 3-58 - Offset (Pdf file attached) 
PP 3 à 58 - Offset (fichier Pdf joint) PP 3-58 - Offset (fichero Pdf adjunto) I 
(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)  
REGULATIONS  
COUNCIL REGULATION (EC) No 491/2009  
of 25 May 2009  
amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural 
markets and on specific provisions for certain agricultural products (Single CMO Regulation)  
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 (  1 ), 
Whereas:  
(1) In view of simplifying the regulatory environment of the 
common agricultural policy (CAP), Regulation (EC) No 
1234/2007 (Single CMO Regulation) (  2 ) repealed, and 
replaced by one single legal act, all the regulations 
which the Council had adopted since the introduction 
of the CAP in the framework of the establishment of common organisations of the markets for agricultural products or groups of products.
 
(2) As highlighted in the Single CMO Regulation, that act of 
simplification was not meant to call into question policy decisions that had been taken over the years in the CAP. 
It therefore did not envisage to provide for any new 
instruments or measures. The Single CMO Regulation thus reflects the policy decisions taken up to the moment when its text was proposed by the Commission.
 
(3) In parallel to the negotiations and adoption of the Single 
CMO Regulation, the Council also started to negotiate a policy reform in the wine sector which has now been 
finalised by the adoption of Council Regulation (EC) No 
479/2008 of 29 April 2008 on the common organis
­ation of the market in wine (  3 ). As specified in the Single 
CMO Regulation, only those provisions of the wine 
sector which were not subject to any policy reforms 
were initially incorporated into the Single CMO Regu ­
lation. These substantive provisions which were subject 
to policy amendments were to be incorporated into the 
Single CMO Regulation once they had been enacted. 
Since such substantive provisions have now been 
enacted, the wine sector should now be fully incor ­
porated into the Single CMO Regulation by way of intro ­
ducing the policy decisions taken in Regulation (EC) No 
479/2008 into the Single CMO Regulation.  
(4) The incorporation of these provisions into the Single 
CMO Regulation should follow the same approach as 
that taken for the adoption of the Single CMO Regu ­
lation, namely by not calling into question the policy 
decisions taken when those provisions were adopted by 
the Council or the motivation for those policy decisions 
as expressed in the relevant recitals of the respective 
Regulations.  
(5) The Single CMO Regulation should therefore be amended 
accordingly.  
(6) The Single CMO Regulation incorporated the provisions 
concerning the applicability of competition rules under 
the Treaty in respect of the sectors it covered. Such provisions had, until then, been incorporated in Council Regulation (EC) No 1184/2006 of 24 July 
2006 applying certain rules of competition to the 
production of, and trade in, agricultural products (
 4 ). 
The Single CMO Regulation therefore adapted the 
scope of Regulation (EC) No 1184/2006. Due to the 
full incorporation of the wine sector into the Single 
CMO Regulation, and the extension of the competition 
rules contained therein to that sector, provision should be made to exclude the wine sector from the scope of Regulation (EC) No 1184/2006.EN 17.6.2009 Official Journal of the European Union L 154/1  
( 1 ) Opinion of 20 November 2008 (not yet published in the Official 
Journal).  
( 2 ) OJ L 299, 16.11.2007, p. 1.  ( 3 ) OJ L 148, 6.6.2008, p. 1.  
( 4 ) OJ L 214, 4.8.2006, p. 7.
IP/N/1/EU/G/2 
        - 3 -(7) It is appropriate to clarify that any element of State aid 
that may be included in the national support 
programmes referred to in this Regulation is to be 
assessed in the light of the Community’s substantive 
rules on State aid. Since the procedure laid down by 
this Regulation for the approval of those support 
programmes enables the Commission to ensure that 
the Community’s substantive rules on State aid, and in 
particular those contained in the ‘Community guidelines 
for State aid in the agriculture and forestry sector 2007 
to 2013’ (  1 ) are respected, no further notification 
pursuant to Article 88 of the Treaty or Council Regu ­
lation (EC) No 659/1999 of 22 March 1999 laying down 
detailed rules for the application of Article 93 of the EC 
Treaty (  2 ) should be required.  
(8) In the interests of legal certainty, it is appropriate to 
recall that the repeal of Regulation (EC) No 479/2008 does not affect the validity of any legal acts adopted on 
the basis of that repealed act.
 
(9) In order to ensure that the changeover from the 
provisions of Regulation (EC) No 479/2008 to those 
provided for in this Regulation does not interfere with 
the ongoing 2008/2009 marketing year for wine, this 
Regulation should apply as of 1 August 2009,  
HAS ADOPTED THIS REGULATION:  
Article 1  
Regulation (EC) No 1234/2007 is hereby amended as follows:  
1. in Article 1, paragraph 2 shall be deleted;  
2. the following point shall be inserted in the first paragraph 
of Article 3:  
‘(ca) 1 August to 31 July of the following year for the wine 
sector;’;  
3. Article 55 shall be amended as follows:  
(a) the heading shall be replaced by the following:  
‘Article 55  
Quota systems and production potential’;  
(b) the following paragraph shall be inserted:  ‘2a. In relation to the wine sector, rules concerning 
production potential as regards unlawful plantings, transitional planting rights as well as a grubbing-up 
scheme shall apply in accordance with the provisions 
set out in Section IVa.’;  
4. the Title of Section IV of Chapter III of Title I of Part II 
shall be replaced by the following:  
‘S e c t i o n I V  
P r o c e d u r a l r u l e s c o n c e r n i n g s u g a r , 
m i l k a n d p o t a t o s t a r c h q u o t a s  ’; 
5. in Article 85, the introductory words shall be replaced by 
the following:  
‘The Commission shall adopt detailed rules for the appli
­
cation of Sections I to IIIa which may relate, in particular, to:’; 
6. the following Section shall be added to Chapter III of Title I 
of Part II:  
‘S e c t i o n I V a 
P r o d u c t i o n p o t e n t i a l i n t h e w i n e s e c t o r
 
S u b s e c t i o n I  
U n l a w f u l p l a n t i n g s  
Article 85a  
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 from distillation may not be used in the preparation of alcohol having an actual 
alcoholic strength by 80 % volume or less.
 
3. Without prejudice, where applicable, to earlier 
penalties imposed by Member States, Member States shall 
impose penalties on producers who have not complied 
with this grubbing-up obligation graduated according to 
the severity, extent and duration of the non-compliance.EN L 154/2 Official Journal of the European Union 17.6.2009  
( 1 ) OJ C 319, 27.12.2006, p. 1.  
( 2 ) OJ L 83, 27.3.1999, p. 1.
IP/N/1/EU/G/2 
        - 4 -4. The end of the transitional ban on new plantings on 
31 December 2015, as provided for in Article 85g(1), shall 
not affect the obligations provided for in this Article.  
Article 85b  
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 
region concerned.  
3. Pending regularisation under paragraph 1, grapes or 
products made from grapes from areas referred to in that paragraph may be put into circulation only for the purpose 
of distillation at the exclusive expense of the producer. The 
products may not be used in the preparation of alcohol 
having an actual alcoholic strength of 80 % volume or less.  
4. Unlawful areas referred to in paragraph 1 which are 
not regularised in accordance with that paragraph by 
31 December 2009 shall be grubbed up by the 
producers concerned at their own expense.  
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 subpara
­
graph, paragraph 3 shall apply  mutatis mutandis . 
5. The end of the transitional ban on new plantings on 
31 December 2015, as provided for in Article 85g(1), shall 
not affect the obligations provided for in paragraphs 3 and 
4. 
Article 85c  
Verification of non-circulation or distillation  
1. In relation to Article 85a(2) and Article 85b(3) and 
(4), Member States shall require proof of non-circulation of the products concerned or, where the products concerned 
are distilled, the submission of distillation contracts.  
2. Member States shall verify non-circulation and distil ­
lation referred to in paragraph 1. They shall impose 
penalties in case of non-compliance.  
3. Member States shall notify the Commission of the 
areas subject to distillation and the corresponding 
volumes of alcohol. 
Article 85d  
Accompanying measures 
Areas referred to in the first subparagraph of 
Article 85b(1), as long as they are not regularised and 
areas referred to in Article 85a(1) shall not benefit from 
any national or Community support measures.  
Article 85e  
Implementing measures  
Detailed rules for the implementation of this Subsection 
shall be adopted by the Commission.  
Those rules may include:  
(a) details on the communication requirements of Member 
States, including possible reductions of the budget allo ­
cations referred to in Annex Xb 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 85a, 85b and 85c.
 
S u b s e c t i o n I I  
T r a n s i t i o n a l p l a n t i n g r i g h t r e g i m e  
Article 85f  
Duration  
This Subsection shall apply until 31 December 2015.  
Article 85g  
Transitional prohibition on planting vines  
1. Without prejudice to Article 120a(1) to (6) and in 
particular paragraph 4 thereof, the planting of vines of 
wine grape varieties classifiable according to 
Article 120a(2) shall be prohibited.EN 17.6.2009 Official Journal of the European Union L 154/3
IP/N/1/EU/G/2 
        - 5 -2. Grafting-on of wine grape varieties classifiable 
according to Article 120a(2) 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 85h;  
(b) a replanting right, as provided for in Article 85i;  
(c) a planting right granted from a reserve, as provided for 
in Articles 85j and 85k.  
4. The planting rights referred to in paragraph 3 shall be 
granted in hectares.  
5. Member States may decide to maintain the prohi ­
bition referred to in paragraph 1 in their territory or 
parts of their territory until 31 December 2018 at the 
latest. In such cases the rules governing the transitional 
planting right regime as laid down in this Subsection, 
including this Article, shall apply accordingly in the given 
Member State.  
Article 85h  
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 law;  
(b) intended for experimental purposes;  
(c) intended for graft nurseries; or  
(d) whose wine or vine products are intended solely for the 
consumption by the wine-grower’s household.  
2. New planting rights granted shall be:  
(a) exercised by the producer to whom they are granted;  
(b) used before the end of the second wine year after the 
one in which they were granted;  (c) used for the purposes for which they were granted.  
Article 85i  
Replanting rights 
1. Member States shall grant replanting rights to 
producers who have grubbed up an area planted with vines.  
However, grubbed-up areas for which a grubbing-up 
premium is granted in accordance with Subsection III 
shall not generate replanting rights.  
2. Member States may grant replanting rights to 
producers who undertake to grub up an area planted 
with vines. In such cases, the grubbing-up of the pledged 
area shall be carried out at the latest at the end of the third 
year after which new vines for which the replanting rights 
had been granted have been planted.  
3. Replanting rights granted shall correspond to the 
equivalent of the grubbed-up area in terms of pure crop.  
4. 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:  
(i) the production of wines with a protected desig
­
nation of origin or a protected geographical indi ­
cation; or  
(ii) the cultivation of graft nurseries.  
Member States shall ensure that the application of the 
derogation 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.EN L 154/4 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 6 -6. Paragraphs 1 to 5 shall apply  mutatis mutandis to 
rights similar to replanting rights acquired under prior 
Community or national legislation.  
7. Replanting rights granted under Article 4(5) of Regu ­
lation (EC) No 1493/1999 shall be used within the periods 
provided for therein.  
Article 85j 
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 as long as they 
apply the transitional planting right regime in accordance 
with this Subsection.  
3. The following planting rights shall be allocated to 
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 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, where necessary, 
derogate from the relevant provisions of this Subsection.  
The first subparagraph shall also apply to Member States 
which cease the operation of national or regional reserves 
under Regulation (EC) No 1493/1999.  Article 85k  
Granting planting rights from the reserve 
1. Member States may grant rights from a reserve:  
(a) without payment, to producers who are under 40 years 
of age, who possess adequate occupational skills and 
competences, 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 the production of which has 
an assured outlet.  
Member States shall define the criteria for setting the 
amounts of the payment referred to in point (b) of the 
first subparagraph, which may vary depending on the 
final intended product of the vineyards concerned and on 
the residual transitional period during which the prohi
­
bition on new plantings, as provided for in Article 85g(1) and (2), applies.  
2. Where planting rights granted from a reserve are 
used, Member States shall ensure that:  
(a) the location and the varieties and the cultivation tech
­
niques 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.  
3. Planting rights granted from a reserve which are not 
used before the end of the second wine year after the one 
in which they were granted shall be forfeited and re- allocated to the reserve.  
4. Planting rights in a reserve which are not disbursed 
before the end of the fifth wine year following their allo
­
cation to the reserve shall be extinguished.  
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.EN 17.6.2009 Official Journal of the European Union L 154/5
IP/N/1/EU/G/2 
        - 7 -Article 85l  
De minimis  
This Subsection shall not apply in Member States where the 
Community planting right regime did not apply by 
31 December 2007.  
Article 85m 
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 supple ­
mented by additional information necessary for monitoring 
the development of production potential.  
Article 85n 
Implementing measures 
Detailed rules for the implementation of this Subsection 
shall be adopted by the Commission.  
Those rules may in particular include:  
(a) provisions to avoid excessive administrative charges 
when applying the provisions of this Subsection;  
(b) the co-existence of vines pursuant to Article 85i(2);  
(c) the application of the reduction coefficient referred to 
in Article 85k(5).  
S u b s e c t i o n I I I  
G r u b b i n g u p s c h e m e  
Article 85o  
Duration  
The provisions of this Subsection shall apply until the end 
of the wine year 2010/2011.  
Article 85p  
Scope and definition  
This Subsection lays down the conditions under which 
vine-growers shall receive a premium in exchange for 
grubbing up vines (hereinafter referred to as the 
grubbing-up premium).  Article 85q  
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 hectares. However, if a 
Member State so decides, that minimum size may be 
0,3 hectares in 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 legislation; and  
(f) it is planted with a wine grape variety classifiable 
according to Article 120a(2).  
Notwithstanding point (e) of the first paragraph, areas regu
­
larised in accordance with Article 2(3) of Regulation (EC) 
No 1493/1999 and Article 85b(1) of this Regulation shall 
be eligible for the grubbing-up premium.  
Article 85r  
Amount of the grubbing-up premium  
1. Scales for the grubbing-up premiums to be granted 
shall be fixed by the Commission.  
2. The specific amount of the grubbing-up premium 
shall be established by Member States within the scales 
referred to in paragraph 1 and on the basis of the historical yields of the holding concerned.  
Article 85s  
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 that they take 
into due account, where applicable, their application of the exemptions provided for in Article 85u.EN L 154/6 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 8 -2. Member States shall carry out administrative controls 
concerning the applications received, process eligible appli ­
cations and notify to the Commission by 15 October each 
year the total area and amounts covered by those appli ­
cations split by regions and by yield ranges.  
3. The maximum annual budget for the grubbing-up 
scheme is set out in Annex Xd.  
4. By 15 November each year, the Commission shall set 
a single percentage for acceptance of the amounts notified 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 Article 85u(2) 
and (3).  
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 as referred to in paragraph 4; or 
(b) for the areas resulting from the application of the 
percentage referred to in paragraph 4 based on 
objective and non-discriminatory criteria and in 
accordance with the following priorities:  
(i) Member States shall give priority to applicants 
whose application for the grubbing-up premium covers their entire vineyard;  
(ii) Member States shall give second priority to 
applicants who are not less than 55 years old, or 
older, where Member States so provide.  
Article 85t  
Cross-compliance  
Where farmers are found not to 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 
those provisions.  Article 85u  
Exemptions 
1. A Member State may decide to reject any further 
applications referred to in Article 85s(1) once the accu
­
mulated grubbed-up area on its territory reaches 8 % of 
its area planted with vines as referred to in Annex Xe.  
A Member State may decide to reject any further appli ­
cations referred to in Article 85s(1) for a region once the accumulated grubbed-up area in that region reaches 10 % 
of the region’s area planted with vines.  
2. The Commission may decide 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 grubbed-up area of more than 15 % of the Member State’s total area planted with 
vines as referred to in Annex Xe.  
3. The Commission may decide 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 a grubbed-up area of more than 6 % of the Member State’s total area 
planted with vines as referred to in Annex Xe in that 
particular year of the scheme’s operation.  
4. Member States may declare vines in mountain and 
steep-slope areas ineligible for the grubbing-up scheme in accordance with conditions to be determined by the Commission.  
5. 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 Xe.  
6. 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 scheme.  
7. The grubbing-up scheme set out in this Subsection 
shall not apply in the Azores, Madeira and the Canary Islands.  
8. Member States shall grant producers in the areas 
ineligible or declared ineligible under paragraphs 4 to 7 priority under other support measures laid down in this 
Regulation in respect of the wine sector, in particular, 
where applicable, the restructuring and conversion 
measure under the support programmes and rural develop
­
ment measures.EN 17.6.2009 Official Journal of the European Union L 154/7
IP/N/1/EU/G/2 
        - 9 -Article 85v 
De minimis  
This Subsection 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 previous five 
wine years.  
Article 85w  
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.  
Article 85x 
Implementing measures 
Detailed rules for the implementation of this Subsection 
shall be adopted by the Commission.  
Those rules may in particular include:  
(a) details on the conditions of eligibility referred to in 
Article 85q, in particular as regards proof that areas were properly tended in 2006 and 2007;  
(b) the premium scales and amounts referred to in 
Article 85r;  
(c) the criteria for exemptions as referred to in Article 85u;  
(d) 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;  
(e) the reporting requirements as regards complementary 
national aid;  
(f) deadlines for payments.’;  
7. the following Section shall be inserted in Chapter IV of 
Title I of Part II:  ‘S e c t i o n I V b  
S u p p o r t p r o g r a m m e s i n t h e w i n e s e c t o r
 
S u b s e c t i o n I  
I n t r o d u c t o r y p r o v i s i o n s  
Article 103i  
Scope  
This Section 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 referred to as support 
programmes) to finance specific support measures to assist the wine sector.  
Article 103j  
Compatibility and consistency  
1. Support programmes shall be compatible with 
Community law and consistent with the activities, policies 
and priorities of the Community.  
2. Member States shall be responsible for the support 
programmes and ensure that they are internally consistent 
and drawn up and implemented in an objective manner, 
taking into account the economic situation of the producers concerned and the need to avoid unjustified 
unequal treatment between producers.  
Member States shall be responsible for providing for and 
carrying out the necessary controls and penalties in case of non-compliance with the support programmes.  
3. No support shall be granted:  
(a) for research projects and measures to support research 
projects; 
(b) for measures which are contained in Member States’ 
rural development programmes under Regulation (EC) 
No 1698/2005.
 
S u b s e c t i o n I I  
S u b m i s s i o n a n d c o n t e n t o f s u p p o r t 
p r o g r a m m e s  
Article 103k 
Submission of support programmes  
1. Each producer Member State referred to in Annex Xb 
shall submit to the Commission a draft five-year support 
programme containing measures in accordance with this 
Section.EN L 154/8 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 10 -Support programmes that became applicable in accordance 
with the first subparagraph of Article 5(1) of Regulation 
(EC) No 479/2008 shall continue to apply under this Regu ­
lation. 
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 organ ­
isations at the appropriate territorial level.  
Each Member State shall submit one single draft support 
programme which may accommodate regional particula ­
rities.  
2. Support programmes shall become applicable three 
months after their submission to the Commission.  
However, if the submitted support programme does not 
comply with the conditions laid down in this Section, the 
Commission shall inform the Member State thereof. In such 
a case, the Member State shall submit a revised support 
programme to the Commission. The revised support 
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.  
4. Article 103l shall not apply where a Member State’s 
only measure in a support programme consists of the 
transfer to the Single Payment Scheme referred to in Article 103o. In such case, Article 188a(5) shall apply only in relation to the year in which the transfer takes 
place and Article 188a(6) shall not apply.  
Article 103l 
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 Xb;  
(f) the criteria and quantitative indicators to be used for 
monitoring and evaluation as well as the steps taken to 
ensure that the support programmes are implemented 
appropriately and effectively; and  
(g) the designation of competent authorities and bodies 
responsible for implementing the support programme.  
Article 103m  
Eligible measures  
1. Support programmes shall contain one or more of 
the following measures:  
(a) Single Payment Scheme support in accordance with 
Article 103o;  
(b) promotion in accordance with Article 103p;  
(c) restructuring and conversion of vineyards in accordance 
with Article 103q;  
(d) green harvesting in accordance with Article 103r;  
(e) mutual funds in accordance with Article 103s;  
(f) harvest insurance in accordance with Article 103t;  
(g) investments in accordance with Article 103u;  
(h) by-product distillation in accordance with Article 103v;  
(i) potable alcohol distillation in accordance with 
Article 103w;  
(j) crisis distillation in accordance with Article 103x;  
(k) use of concentrated grape must in accordance with 
Article 103y.
 
2. Support programmes shall not contain other 
measures than the ones listed in Articles 103o to 103y.EN 17.6.2009 Official Journal of the European Union L 154/9
IP/N/1/EU/G/2 
        - 11 -Article 103n 
General rules concerning support programmes 
1. The allocation of the available Community funds as 
well as the budgetary limits are provided for in Annex Xb.  
2. Community support shall only relate to eligible 
expenditure incurred after the submission of the relevant 
support programme as referred to in Article 103k(1).  
3. Member States shall not contribute to the costs of 
measures financed by the Community under the 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 103p, 103t and 103u.  
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.
 
S u b s e c t i o n I I I  
S p e c i f i c s u p p o r t m e a s u r e s  
Article 103o 
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 to 
that Regulation.  
2. Member States intending to make use of the possi ­
bility 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 those programmes in accordance with Article 103k(3).  
3. Once effective, support as referred to in paragraph 1 
shall: 
(a) remain in the Single Payment Scheme and no longer be 
available, or be made available under Article 103k(3), for the measures listed in Articles 103p to 103y in 
subsequent years of the operation of the support 
programmes;  
(b) commensurately reduce the amount of funds available 
for measures listed in Articles 103p to 103y in the 
support programmes.  Article 103p  
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 a protected geographical indication or wines with an indi
­
cation of the wine grape variety.  
3. The measures referred to in paragraph 1 may consist 
only of: 
(a) public relations, promotion or advertisement 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 inter ­
national 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 information and 
promotion measures.  
4. The Community contribution to promotion activities 
shall not exceed 50 % of the eligible expenditure.  
Article 103q  
Restructuring and conversion of vineyards  
1. The objective of measures relating to the restructuring 
and conversion of vineyards shall be to increase the compe ­
titiveness of wine producers.  
2. The 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 185a(3).  
3. Support for the restructuring and conversion of 
vineyards may only cover one or more of the following 
activities:  
(a) varietal conversion, including by means of grafting-on;EN L 154/10 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 12 -(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 the restructuring and conversion of 
vineyards may only take the following forms:  
(a) compensation to producers for the loss of revenue due 
to the implementation of the measure;  
(b) contribution to the costs of restructuring and 
conversion.  
5. Compensation to producers for the loss of revenue as 
referred to in paragraph 4(a) may cover up to 100 % of the 
relevant loss and take either of the following forms:  
(a) notwithstanding Subsection II of Section IVa of Chapter 
III of Title I of Part II setting out the transitional 
planting right regime, the permission for both old 
and new vines to coexist for a fixed period which 
shall not exceed three years, until the end of the tran ­
sitional regime concerning planting rights;  
(b) financial compensation.  
6. The Community contribution to the actual costs of 
the restructuring and conversion of vineyards shall not 
exceed 50 %. In regions classified as convergence regions 
in accordance with Council Regulation (EC) No 1083/2006 
of 11 July 2006 laying down general provisions on the 
European Regional Development Fund, the European 
Social Fund and the Cohesion Fund (*), the Community contribution to the costs of restructuring and conversion shall not exceed 75 %.  
Article 103r 
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 such destruction 
or removal.  
4. The Member States concerned shall establish a system 
based on objective criteria to ensure that the green harvesting measure does not lead to compensation of indi
­
vidual wine producers in excess of the ceiling referred to in the second subparagraph of paragraph 3.  
Article 103s  
Mutual funds  
1. Support for the setting up of mutual funds shall 
provide assistance to producers seeking to insure them
­
selves 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 103t 
Harvest insurance  
1. Support for harvest insurance shall contribute to safe ­
guarding 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 resulting from 
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 against:  
(i) losses referred to in point (a) and against other 
losses caused by adverse climatic events;  
(ii) losses caused by animals, plant diseases or pest 
infestations.EN 17.6.2009 Official Journal of the European Union L 154/11
IP/N/1/EU/G/2 
        - 13 -3. Support for harvest insurance may only be granted if 
the insurance payments concerned do not compensate 
producers for more than 100 % of the income loss 
suffered, taking into account any compensation the 
producers may have obtained from other support 
schemes related to the insured risk.  
4. Support for harvest insurance shall not distort 
competition in the insurance market.  
Article 103u 
Investments  
1. Support may be granted for tangible or intangible 
investments in processing facilities, winery infrastructure 
and marketing of wine 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 XIb;  
(b) the development of new products, processes and tech ­
nologies related to the products referred to in Annex XIb.  
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 of 6 May 2003 concerning the definition 
of micro, small and medium-sized enterprises (**). 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 shall apply for the maximum rate. For enter
­
prises that are not covered by Article 2(1) of Title I of the 
Annex to Recommendation 2003/361/EC with less than 
750 employees or with a turnover of less than EUR 200 
million, the maximum aid intensity shall be 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.  
3. The eligible expenditure shall exclude the elements 
referred to in Article 71(3)(a), (b) and (c) of Regulation 
(EC) No 1698/2005.  
4. The following maximum aid rates in relation to the 
eligible investment costs shall apply to the Community 
contribution:  
(a) 50 % in regions classified as convergence regions in 
accordance with Regulation (EC) No 1083/2006;  
(b) 40 % in regions other than convergence regions;  (c) 75 % in the outermost regions in accordance with 
Regulation (EC) No 247/2006;  
(d) 65 % in the smaller Aegean islands within the meaning 
of Regulation (EC) No 1405/2006.  
5. Article 72 of Regulation (EC) No 1698/2005 shall 
apply  mutatis mutandis to support referred to in paragraph 
1 of this Article.  
Article 103v 
By-product distillation  
1. Support may be granted for the voluntary or obli ­
gatory distillation of by-products of wine making which 
has been carried out in accordance with the conditions 
laid down in point D of Annex XVb.  
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 by the 
Commission.  
3. The alcohol resulting from the supported distillation 
referred to in paragraph 1 shall be used exclusively for 
industrial or energy purposes so as to avoid distortion of 
competition.  
Article 103w  
Potable alcohol distillation  
1. Support may be granted, in the form of a per-hectare 
aid, until 31 July 2012 to producers, for wine which is 
distilled into potable alcohol.  
2. The relevant contracts concerning the distillation of 
wine as well as the relevant proofs of delivery for distil ­
lation shall be submitted before support is granted.  
Article 103x  
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.EN L 154/12 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 14 -2. The maximum applicable aid levels shall be fixed by 
the Commission.  
3. The alcohol resulting from the supported distillation 
referred to in paragraph 1 shall be used exclusively for 
industrial or energy purposes so as to avoid distortion of 
competition.  
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 Xb per Member State 
in the respective budget year:  
— 20 % in 2009,  
— 15 % in 2010,  
— 10 % in 2011,  
— 5 % in 2012.  
5. Member States may increase the available funds for 
the crisis distillation measure beyond the annual ceilings 
given in paragraph 4 by way of contributing national 
funds in accordance with the following limits (expressed 
in terms of percentage of the respective annual ceiling given in paragraph 4):  
— 5 % in the wine year 2010,  
— 10 % in the wine year 2011,  
— 15 % in the wine year 2012.  
Member States shall, where applicable, notify the 
Commission of the addition of national funds referred to 
in the first subparagraph and the Commission shall approve the transaction before such funds are made available.  
Article 103y  
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 XVa.  
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 by the 
Commission.  
Article 103z 
Cross-compliance  
Where farmers are found not to 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 agri
­
cultural 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 those provisions.
 
S u b s e c t i o n I V  
P r o c e d u r a l p r o v i s i o n s  
Article 103za  
Implementing measures  
The measures necessary for the implementation of this 
Section shall be adopted by the Commission.  
Those measures may include, in particular:  
(a) the format of presentation of the support programmes;  
(b) rules concerning changes to support programmes after 
they have become applicable;  
(c) detailed rules for the implementation of the measures 
provided for in Articles 103p to 103y;  
(d) the conditions under which assistance through 
Community funds is to be communicated and 
publicised.  
___________  
(*) OJ L 210, 31.7.2006, p. 25.  
(**) OJ L 124, 20.5.2003, p. 36.’;EN 17.6.2009 Official Journal of the European Union L 154/13
IP/N/1/EU/G/2 
        - 15 -8. the heading of Chapter I of Title II of Part II shall be 
replaced by the following:  
‘CHAPTER I  
Rules concerning marketing and production ’; 
9. the heading of Section I of Chapter I of Title II of Part II 
shall be replaced by the following:  
‘S e c t i o n I  
M a r k e t i n g r u l e s  ’; 
10. the following Articles shall be inserted:  
‘Article 113c 
Marketing rules to improve and stabilise the operation 
of the common market in wines 
1. In order to improve and stabilise the operation of the 
common market in wines, including the grapes, musts and 
wines from which they derive, producer Member States may lay down marketing rules to regulate supply, particu
­
larly by way of implementing decisions taken by the inter- branch organisations referred to in Articles 123(3) and 
125o. 
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.  
3. The reporting obligation referred to in 
Article 125o(3) shall also apply in respect of the 
decisions or actions taken by the Member States in accordance with this Article.  
Article 113d 
Specific provisions for the marketing of wine  
1. A designation for a category of a grapevine product 
as provided for in Annex XIb may be used in the Community only for the marketing of a product which 
conforms to the corresponding conditions laid down in 
that Annex.  
However, notwithstanding Article 118y(1)(a), 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 XIb shall be avoided.  
2. Categories of grapevine products listed in Annex XIb 
may be modified by the Commission in accordance with 
the procedure referred to in Article 195(4).  
3. Except for bottled wine in respect of which there is 
evidence that bottling was performed before 1 September 
1971, wine produced from wine grape varieties listed in the classifications drawn up in accordance with the first sub
­
paragraph of Article 120a(2) but not conforming to one of the categories laid down in Annex XIb, shall be used only 
for consumption by individual wine-producers’ households, 
for the production of wine vinegar or for distillation.’;  
11. the following Sections shall be inserted in Chapter I of Title 
II of Part II:  
‘S e c t i o n I a  
D e s i g n a t i o n s o f o r i g i n , g e o g r a p h i c a l 
i n d i c a t i o n s a n d t r a d i t i o n a l t e r m s i n 
t h e w i n e s e c t o r  
Article 118a  
Scope  
1. Rules relating to designations of origin, geographical 
indications and traditional terms laid down in this Section 
shall apply to the products referred to in paragraphs 1, 3 to 
6, 8, 9, 11, 15 and 16 of Annex XIb.  
2. The rules referred to in paragraph 1 shall be based 
on: 
(a) protecting of legitimate interests of:  
(i) consumers; and
 
(ii) producers;EN L 154/14 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 16 -(b) ensuring the smooth operation of the common market 
in the products concerned; and  
(c) promoting the production of quality products, whilst 
allowing national quality policy measures.  
S u b s e c t i o n I  
D e s i g n a t i o n s o f o r i g i n a n d g e o g r a p h i c a l 
i n d i c a t i o n s  
Article 118b 
Definitions  
1. For the purposes of this Subsection, 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 118a(1) that complies with the following requirements:  
(i) its quality and characteristics are essentially or 
exclusively due to a particular geographical envi
­
ronment with its inherent natural and human 
factors;  
(ii) the grapes from which it is produced come exclu ­
sively from this geographical area;  
(iii) its production takes place in this geographical area; 
and 
(iv) it is obtained from vine varieties belonging to Vitis 
vinifera;  
(b) “geographical indication” means an indication referring 
to a region, a specific place or, in exceptional cases, a 
country, used to describe a product referred to in Article 118a(1) which complies with the following 
requirements:  
(i) it possesses a specific quality, reputation or other 
characteristics attributable to that geographical 
origin;  
(ii) at least 85 % of the grapes used for its production 
come exclusively from this geographical area;  
(iii) its production takes place in this geographical area; 
and 
(iv) it is obtained from vine varieties belonging to Vitis 
vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis.  2. Certain traditionally used names shall constitute a 
designation of origin where they:  
(a) designate a wine;  
(b) refer to a geographical name;  
(c) meet the requirements referred to in paragraph 1(a)(i) 
to (iv); and  
(d) undergo the procedure conferring protection on desig
­
nations of origin and geographical indications laid 
down in this Subsection.  
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 Subsection.  
Article 118c  
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;  
(c) a product specification as referred to in paragraph 2; 
and 
(d) a single document summarising the product specifi
­
cation referred to in paragraph 2.  
2. The product specification shall enable interested 
parties to verify the relevant conditions of production of 
the designation of origin or geographical indication.  
It shall consist at least 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;EN 17.6.2009 Official Journal of the European Union L 154/15
IP/N/1/EU/G/2 
        - 17 -(ii) for wines with a geographical indication, its 
principal analytical characteristics as well as an 
evaluation or indication of its organoleptic charac ­
teristics;  
(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 118b(1)(a)(i) or, as the case may be, in Article 118b(1)(b)(i);  
(h) applicable requirements laid down in Community or 
national legislation or, where foreseen by Member 
States, by an organisation which manages the 
protected designation of origin or the protected geogra
­
phical 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.  
Article 118d 
Application for protection relating to a geographical 
area in a third country  
1. Where the application for protection concerns a 
geographical area in a third country, it shall contain in 
addition to the elements provided for in Article 118c, 
proof that the name in question is protected in its country of origin.  
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 118e 
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.  
Article 118f  
Preliminary national procedure  
1. Applications for protection of a designation of origin 
or a geographical indication of wines in accordance with Article 118b originating in the Community shall be subject 
to a preliminary national procedure in accordance with this 
Article.  
2. The application for protection shall be filed with the 
Member State in which territory the designation of origin 
or geographical indication originates.  
3. The Member State shall examine the application for 
protection in order to verify whether it meets the 
conditions set out in this Subsection.  
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 resident or estab
­
lished 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 or 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:  
(a) publish the single document and the product specifi ­
cation at least on the Internet; and  
(b) forward to the Commission an application for 
protection containing the following information:  
(i) the name and address of the applicant;EN L 154/16 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 18 -(ii) the single document referred to in 
Article 118c(1)(d);  
(iii) a declaration by the Member State that it considers 
that the application lodged by the applicant meets 
the conditions required; and  
(iv) the reference to publication, as referred to in point 
(a). 
This information shall be forwarded in one of the official 
languages of the Community or accompanied by a certified 
translation into one of those languages.  
6. Member States shall introduce the laws, regulations or 
administrative provisions necessary to comply with this 
Article by 1 August 2009.  
7. Where a Member State has no national legislation 
concerning the protection of designations of origin and 
geographical indications, it may, on a transitional basis 
only, grant protection to the name in accordance with 
the terms of this Subsection at national level 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 Subsection is taken.  
Article 118g 
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 appli
­
cations for protection referred to in Article 118f(5) meet 
the conditions laid down in this Subsection.  
3. Where the Commission considers that the conditions 
laid down in this Subsection are met, it shall publish in the  
Official Journal of the European Union  the single document 
referred to in Article 118c(1)(d) and the reference to the 
publication of the product specification referred to in 
Article 118f(5).  
Where this is not the case, the Commission shall decide, in 
accordance with the procedure referred to in Article 195(4), 
to reject the application.  
Article 118h 
Objection procedure  
Within two months from the date of publication provided 
for in the first subparagraph of Article 118g(3), any Member State or third country, or any natural or legal 
person having a legitimate interest, resident or established 
in a Member State other than that applying for the 
protection or in a third country, may object to the 
proposed protection by lodging a duly substantiated 
statement relating to the conditions of eligibility as laid 
down in this Subsection with the Commission.  
In the case of natural or legal persons resident or estab ­
lished 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 118i  
Decision on protection 
On the basis of the information available to the 
Commission, the Commission shall decide, in accordance 
with the procedure referred to in Article 195(4), either to 
confer protection on the designation of origin or geogra ­
phical indication which meets the conditions laid down in this Subsection and is compatible with Community law, or 
to reject the application where those conditions are not 
satisfied.  
Article 118j  
Homonyms  
1. A name, for which an application is lodged, and 
which is wholly or partially homonymous with that of a 
name already registered under this Regulation concerning 
the wine sector, shall be registered with due regard for local 
and traditional usage and for any risk of confusion.  
A homonymous name which misleads the consumer into 
believing that products come from another territory shall 
not be registered even if the name is accurate as far as the actual territory, region or place of origin of the products in 
question is concerned.  
The use of a registered homonymous name shall be subject 
to there being a sufficient distinction in practice between 
the homonym registered subsequently and the name 
already on the register, having regard to the need to treat 
the producers concerned in an equitable manner and the need not to mislead the consumer.
 
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.EN 17.6.2009 Official Journal of the European Union L 154/17
IP/N/1/EU/G/2 
        - 19 -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 imple ­
menting measures, where the name of a wine grape variety contains or consists of a protected designation of origin or 
a protected geographical indication, that name shall not be 
used for the purposes of labelling the products covered by 
this Regulation.  
4. The protection of designations of origin and geogra
­
phical indications for products covered in Article 118b 
shall be without prejudice to protected geographical indi ­
cations applying in relation to spirit drinks within the 
meaning of Regulation (EC) No 110/2008 of the 
European Parliament and of the Council of 15 January 
2008 on the definition, description, presentation, labelling 
and the protection of geographical indications of spirit 
drinks (*) and vice versa.  
Article 118k 
Grounds for refusal of protection  
1. Names that have become generic shall not be 
protected as a designation of origin or geographical indi ­
cation. 
For the purposes of this Subsection, a “name that has 
become generic” means the name of a wine which, 
although it relates to the place or the region where this 
product was originally produced or marketed, has become 
the common name of a wine in the Community.  
To establish whether or not a name has become generic, 
account shall be taken of all relevant factors, in particular:  
(a) the existing situation in the Community, notably in 
areas of consumption;  
(b) the relevant Community or national legislation.  
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 118l 
Relationship with trademarks  
1. Where a designation of origin or a geographical indi
­
cation is protected under this Regulation, the registration of a trademark corresponding to one of the situations referred 
to in Article 118m(2) and relating to a product falling 
under one of the categories listed in Annex XIb 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 118k(2), a trademark the 
use of which corresponds to one of the situations referred 
to in Article 118m(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 and renewed notwithstanding the protection of 
a designation of origin or geographical indication, provided 
that no grounds for the trademark’s invalidity or revocation 
exist as specified by the First Council Directive 89/104/EEC 
of 21 December 1988 to approximate the laws of the 
Member States relating to trade marks (**) or by Council 
Regulation (EC) No 40/94 of 20 December 1993 on the 
Community trade (***).  
In such cases the use of the designation of origin or geogra ­
phical indication shall be permitted alongside the relevant trademarks.  
Article 118m  
Protection  
1. Protected designations of origins and protected 
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 protected 
geographical indications and the wines using those 
protected names in conformity with the product specifi
­
cation shall be protected against:  
(a) any direct or indirect commercial use of a protected 
name:  
(i) by comparable products not complying with the 
product specification of the protected name; or  
(ii) in so far as such use exploits the reputation of a 
designation of origin or a geographical indication;EN L 154/18 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 20 -(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 
material or documents relating to the wine product 
concerned, and the packing of the product in a 
container liable to convey a false impression as to its 
origin;  
(d) any other practice liable to mislead the consumer as to 
the true origin of the product.  
3. Protected designations of origin or protected geogra ­
phical indications shall not become generic in the 
Community within the meaning of Article 118k(1).  
4. Member States shall take the steps necessary to stop 
unlawful use of protected designations of origin and 
protected geographical indications as referred to in 
paragraph 2.  
Article 118n 
Register  
The Commission shall establish and maintain an electronic 
register of protected designations of origin and protected 
geographical indications for wine which shall be publicly 
accessible.  
Article 118o 
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 of the European Parliament and of the 
Council of 29 April 2004 on the official controls 
performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (****).  
2. Member States shall ensure that any operator 
complying with this Subsection is entitled to be covered by a system of controls.  
3. Member States shall inform the Commission of the 
competent authority or authorities referred to in paragraph 1. The Commission shall make their names and addresses 
public and update them periodically.  Article 118p  
Verification of compliance with specifications  
1. In respect of protected designations of origin and 
protected geographical indications relating to a geogra
­
phical area within the Community, annual verification of 
compliance with the product specification, during the 
production and during or after conditioning of the wine, 
shall be ensured by:  
(a) the competent authority or authorities referred to in 
Article 118o(1); or  
(b) one or more control bodies within the meaning of 
point 5 of the second subparagraph of Article 2 of 
Regulation (EC) No 882/2004 operating as a product 
certification body in accordance with the criteria laid 
down in Article 5 of that Regulation.  
The costs of such verification shall be borne by the 
operators subject to it.  
2. In respect of protected designations of origin and 
protected geographical indications relating to a geogra ­
phical 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) 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 para
­
graphs 1(a) and 2(a) verify compliance with the product 
specification, they shall offer adequate guarantees of objec ­
tivity and impartiality, and have at their disposal the 
qualified staff and resources needed to carry out their tasks.  
Article 118q  
Amendments to product specifications  
1. An applicant satisfying the conditions of Article 118e 
may apply for approval of an amendment to the product 
specification of a protected designation of origin or a 
protected geographical indication, in particular to take account of developments in scientific and technical 
knowledge or to redefine the geographical area referred 
to in point (d) of the second subparagraph of Article 118c(2). Applications shall describe and give reasons for the amendments requested.EN 17.6.2009 Official Journal of the European Union L 154/19
IP/N/1/EU/G/2 
        - 21 -2. Where the proposed amendment involves one or 
more amendments to the single document referred to in 
Article 118c(1)(d), Articles 118f to 118i shall apply  mutatis 
mutandis to the amendment application. However, if the proposed amendment is only minor, the Commission 
shall decide, in accordance with the procedure referred to 
in Article 195(4), whether to approve the application 
without following the procedure laid down in 
Article 118g(2) and Article 118h and in the case of 
approval, the Commission shall proceed to the publication 
of the elements referred to in Article 118g(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 118r 
Cancellation 
The Commission may decide, in accordance with the 
procedure referred to in Article 195(4), at its own initiative 
or at the duly substantiated request of a Member State, of a 
third country or of a natural or legal person having a 
legitimate interest, to cancel the protection of a designation 
of origin or a geographical indication if compliance with 
the corresponding product specification is no longer ensured.  
Articles 118f to 118i shall apply  mutatis mutandis . 
Article 118s 
Existing protected wine names  
1. Wine names, which are protected in accordance with 
Articles 51 and 54 of Regulation (EC) No 1493/1999 and 
Article 28 of Commission Regulation (EC) No 753/2002 of 29 April 2002 laying down certain rules for applying 
Council Regulation (EC) No 1493/1999 as regards the 
description, designation, presentation and protection of certain wine sector products (*****), shall automatically be protected under this Regulation. The Commission shall list 
them in the register provided for in Article 118n of this 
Regulation.  2. Member States shall, in respect of existing protected 
wine names referred to in paragraph 1, transmit to the 
Commission:  
(a) the technical files as provided for in Article 118c(1);  
(b) the national decisions of approval.  
3. Wine 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 Regu
­
lation. The Commission shall take the corresponding 
formal step of removing such names from the register 
provided for in Article 118n.  
4. Article 118r shall not apply in respect of existing 
protected wine names referred to in paragraph 1.  
The Commission may decide, until 31 December 2014, at 
its own initiative and in accordance with the procedure 
referred to in Article 195(4), to cancel protection of 
existing protected wine names referred to in paragraph 1 
if they do not meet the conditions laid down in 
Article 118b.  
Article 118t 
Fees  
Member States may charge a fee to cover their costs, 
including those incurred in examining applications for 
protection, statements of objections, applications for 
amendments and requests for cancellations under this 
Subsection.  
S u b s e c t i o n I I  
T r a d i t i o n a l t e r m s  
Article 118u 
Definitions  
1. “Traditional term” means a term traditionally used in 
Member States for products referred to in Article 118a(1) 
to designate:  
(a) that the product has a protected designation of origin 
or a protected geographical indication under 
Community or national 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 
a protected geographical indication.EN L 154/20 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 22 -2. Traditional terms shall be recognised, defined and 
protected by the Commission.  
Article 118v 
Protection 
1. A protected traditional term may only be used for a 
product which has been produced in conformity with the 
definition referred to in Article 118u(1).  
Traditional terms shall be protected against unlawful use.  
Member States shall take the steps necessary to stop the 
unlawful use of protected traditional terms.  
2. Traditional terms shall not become generic in the 
Community.  
S e c t i o n I b  
L a b e l l i n g a n d p r e s e n t a t i o n i n t h e w i n e 
s e c t o r  
Article 118w 
Definition  
For the purposes of this Section:  
(a) “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;  
(b) “presentation” means any information conveyed to 
consumers by virtue of the packaging of the product 
concerned, including the form and type of bottles.  
Article 118x 
Applicability of horizontal rules  
Save as otherwise provided for in this Regulation, Directive 
89/104/EEC, Council Directive 89/396/EEC of 14 June 1989 on indications or marks identifying the lot to which a foodstuff belongs (******), Directive 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 adversity of foodstuffs (*******) and Directive 2007/45/EC of the European Parliament and of the Council of 
5 September 2007 laying down rules on nominal quantities 
for pre-packed products (********) shall apply to the labelling and presentation of products falling within their 
scopes.  Article 118y 
Compulsory particulars  
1. Labelling and presentation of the products referred to 
in paragraphs 1 to 11, 13, 15 and 16 of Annex XIb 
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 XIb;  
(b) for wines with a protected designation of origin or a 
protected geographical indication:  
(i) the term “protected designation of origin” or 
“protected geographical indication”; and  
(ii) the name of the protected designation of origin or 
the protected 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; and  
(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 paragraph 1(a) the 
reference to the category of the grapevine product may be omitted for wines whose labels include the name of a 
protected designation of origin or a protected geographical indication.  
3. By way of derogation from paragraph 1(b) the 
reference to the terms “protected designation of origin” or “protected geographical indication” may be omitted in the 
following cases:
 
(a) where a traditional term as referred to in 
Article 118u(1)(a) is displayed on the label;EN 17.6.2009 Official Journal of the European Union L 154/21
IP/N/1/EU/G/2 
        - 23 -(b) where, in exceptional circumstances to be determined 
by the Commission, the name of the protected desig ­
nation of origin or protected geographical indication is 
displayed on the label.  
Article 118z 
Optional particulars 
1. Labelling and presentation of the products referred to 
in Article 118y(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 those referred to in 
Article 118y(1)(g), terms indicating the sugar content;  
(d) for wines with a protected designation of origin or a 
protected geographical indication, traditional terms as referred to in Article 118u(1)(b);  
(e) the Community symbol indicating the protected desig
­
nation of origin or the protected geographical indi ­
cation; 
(f) terms referring to certain production methods;  
(g) for wines bearing a protected designation of origin or a 
protected 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 118j(3), as regards the 
use of particulars referred to in paragraph 1(a) and (b) for wines without a protected designation of origin or a protected geographical indication:  
(a) Member States shall introduce laws, regulations or 
administrative provisions to ensure certification, 
approval and control procedures so as to guarantee 
the veracity of the information concerned;  
(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 for 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 a 
protected 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 wines 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 feasibility of the relevant certi
­
fication, approval and control procedures.  
Article 118za  
Languages  
1. Compulsory and optional particulars referred to in 
Articles 118y and 118z shall, where expressed in words, appear in one or more of the official languages of the 
Community.  
2. Notwithstanding paragraph 1, the name of a 
protected designation of origin or a protected geographical 
indication or a traditional term as referred to in 
Article 118u(1)(a) shall appear on the label in the language or languages for which the protection applies.  
In the case of protected designations of origin or protected 
geographical indications or national specific designations 
using a non-Latin alphabet, the name may also appear in 
one or more official languages of the Community.  
Article 118zb  
Enforcement  
The competent authorities of the Member States shall take 
measures to ensure that a product referred to in Article 118y(1) which is not labelled in conformity with this Section is not placed on, or is withdrawn from, the market.  
___________  
(*) OJ L 39, 13.2.2008, p. 16.  
(**) OJ L 40, 11.2.1989, p. 1.  
(***) OJ L 11, 14.1.1994, p. 1.  
(****) OJ L 165, 30.4.2004, p. 1.  
(*****) OJ L 118, 4.5.2002, p. 1.  
(******) OJ L 186, 30.6.1989, p. 21.  
(*******) OJ L 109, 6.5.2000, p. 29.
 
(********) OJ L 247, 21.9.2007, p. 17.’;EN L 154/22 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 24 -12. the following Section shall be inserted in Chapter I of Title 
II of Part II:  
‘S e c t i o n I I a  
P r o d u c t i o n r u l e s i n t h e w i n e s e c t o r  
S u b s e c t i o n I  
W i n e g r a p e v a r i e t i e s  
Article 120a  
Classification of wine grape varieties  
1. Products listed in Annex XIb and produced in the 
Community shall be made from wine grape varieties clas ­
sifiable according to paragraph 2.  
2. Subject to paragraph 3, Member States shall classify 
which wine grape varieties may be planted, replanted or 
grafted on their territories for the purpose of wine production.  
Only 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 classifi
­
cation referred to in the first subparagraph, grubbing-up 
of this variety shall take place within 15 years of its deletion.  
3. Member States whose wine production does not 
exceed 50 000 hectolitres per wine year, calculated on the basis of the average production during the latest five wine years, shall be exempted from the classification obli
­
gation referred to in paragraph 2.  
However, also in the Member States referred to in the first 
subparagraph, only wine grape varieties complying with paragraph 2(a) and (b) may be planted, replanted or grafted for the purpose of wine production.  
4. By way of derogation from the first and second sub
­
paragraphs of paragraph 2 and the second subparagraph of paragraph 3, 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 2 are 
concerned;  
(b) wine grape varieties which do not comply with 
paragraph 2(a) and (b) as far as Member States referred to in paragraph 3 are concerned.  
5. Areas planted with wine grape varieties for the 
purpose of wine production planted in breach of para
­
graphs 2, 3 and 4 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-producers’ households.  
6. Member States shall take the necessary measures to 
check compliance by producers with paragraphs 2 to 5.  
S u b s e c t i o n I I  
O e n o l o g i c a l p r a c t i c e s a n d r e s t r i c t i o n s  
Article 120b  
Scope  
This Subsection concerns the authorised oenological 
practices and the applicable restrictions applying to the production and commercialisation of products of the 
wine sector as well as the procedure for deciding on 
those practices and restrictions.  
Article 120c  
Oenological practices and restrictions  
1. Only oenological practices authorised under 
Community law as laid down in Annex XVa or decided 
upon in accordance with Articles 120d and 120e shall be used in the production and conservation in the Community 
of products of the wine sector.  
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 of the wine sector shall be produced in the 
Community in accordance with the relevant restrictions laid down in Annex XVb.EN 17.6.2009 Official Journal of the European Union L 154/23
IP/N/1/EU/G/2 
        - 25 -4. Products covered by this Regulation, which have 
undergone unauthorised Community oenological practices 
or, where applicable, unauthorised national oenological 
practices or which contravene the restrictions laid down 
in Annex XVb, shall not be marketed in the Community.  
Article 120d 
Stricter rules decided by Member States  
Member States may limit or exclude the use of certain 
oenological practices and provide for more stringent 
restrictions for wines authorised under Community law 
produced in their territory with a view to reinforcing the preservation of the essential characteristics of wines with a 
protected designation of origin or a protected geographical 
indication and of sparkling wines and liqueur wines.  
Member States shall communicate those limitations, 
exclusions and restrictions to the Commission, which 
shall bring them to the attention of the other Member 
States.  
Article 120e 
Authorisation of oenological practices and restrictions  
1. Except for the oenological practices concerning 
enrichment, acidification and de-acidification laid down in 
Annex XVa for the specific products covered therein as well 
as the restrictions listed in Annex XVb, the authorisation of 
oenological practices and restrictions as regards the 
production and conservation of products of the wine 
sector shall be decided by the Commission in accordance 
with the procedure referred to in Article 195(4).  
2. Member States may allow the experimental use of 
unauthorised oenological practices under conditions to be 
determined by the Commission in accordance with the 
procedure referred to in Article 195(4).  
Article 120f 
Authorisation criteria  
When authorising oenological practices in accordance with 
the procedure referred to in Article 195(4), the Commission shall:  
(a) base itself on the oenological practices recommended 
and published by the International Organisation of Vine 
and Wine (OIV) as well as on the results of experi
­
mental use of as yet unauthorised oenological practices;  
(b) take into account the protection of human health;  (c) take into account the possible risk of consumers being 
misled due to their established expectations and 
perceptions, having regard to the availability and feasi ­
bility of informational means to exclude such risks;  
(d) allow the preservation of the natural and essential 
characteristics of the wine and not cause a substantial 
change in the composition of the product concerned;  
(e) ensure an acceptable minimum level of environmental 
care; 
(f) respect the general rules concerning oenological 
practices and restrictions laid down in Annexes XVa 
and XVb respectively.  
Article 120g 
Methods of analysis  
The methods of analysis for determining the composition 
of the products of the wine sector 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, corresponding methods and rules 
shall be adopted by the Commission in accordance with 
the procedure referred to in Article 195(4).  
Pending the adoption of such rules, the methods and rules 
to be used shall be the ones allowed by the Member State 
concerned.’;  
13. Article 121 shall be amended as follows:  
(a) the following points shall be added to the first 
paragraph:  
‘(k) the rules concerning the designation of origin and 
geographical indications referred to in Subsection I 
of Section Ia, in particular derogations from the 
applicability of the rules and requirements laid 
down in that Subsection:  
(i) in so far as pending applications for protection 
of designations of origin or geographical indi ­
cations are concerned;  
(ii) in so far as the production of certain wines 
with a protected designation of origin or a 
protected geographical indication in a geogra ­
phical area in proximity of the geographical area where the grapes originate is concerned;EN L 154/24 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 26 -(iii) in so far as traditional production practices of 
certain wines with a protected designation of 
origin are concerned;  
(l) the rules concerning traditional terms referred to in 
Subsection II of Section Ia in particular concerning:  
(i) the procedure conferring protection;  
(ii) the specific level of protection;  
(m) the rules concerning labelling and presentation 
referred to in Section Ib, in particular:  
(i) details on the indication of provenance of the 
relevant product;  
(ii) the terms of use of the optional particulars 
listed in Article 118z;  
(iii) specific requirements relating to the indi ­
cations concerning the vintage year and the 
wine grape variety displayed on labels as 
referred to in Article 118z(2);  
(iv) further derogations in addition to those 
referred to in Article 118y(2) which provide 
that the reference to the category of the 
grapevine product may be omitted;  
(v) rules concerning protection to be conferred in 
relation to the presentation of a given 
product.’;  
(b) the following paragraphs shall be added:  
‘The measures necessary for the implementation of the 
provisions concerning oenological practices and 
restrictions laid down in Subsection II of Section IIa 
and Annexes XVa and XVb, save as otherwise 
provided in those Annexes, shall be adopted by the Commission in accordance with the procedure 
referred to in Article 195(4).  
The measures referred to in the third paragraph may 
include, in particular:  
(a) provisions to the effect that the Community oeno
­
logical practices listed in Annex IV to Regulation (EC) No 1493/1999 are considered authorised 
oenological practices;  (b) authorised oenological practices and restrictions, 
including enrichment, acidification and de-acidifi
­
cation concerning sparkling wines, quality 
sparkling wines and quality aromatic sparkling 
wines;  
(c) authorised oenological practices and restrictions 
concerning liqueur wines;  
(d) subject to point C of Annex XVb, provisions regu ­
lating the blending and coupage of musts and 
wines;  
(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 use of products not complying with Article 120c and possible exemptions from the 
requirements of that Article, as well as the estab
­
lishment 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 Subsection II of 
Section IIa other than Article 120c, or with 
provisions implementing that Subsection.’;  
14. the following paragraphs shall be added to Article 122:  
‘Member States may, as regards the wine sector, recognise 
producer organisations under the same conditions as those 
set out in points (b) and (c) of the first paragraph and 
which apply rules of association which require their 
members, in particular, to:  
(a) apply the rules adopted by the producer organisation 
relating to production reporting, production, marketing 
and protection of the environment;  
(b) provide the information requested by the producer 
organisation for statistical purposes, in particular on growing areas and market evolution;
 
(c) pay penalties for infringement of obligations under the 
rules of association.EN 17.6.2009 Official Journal of the European Union L 154/25
IP/N/1/EU/G/2 
        - 27 -The following specific aims within the meaning of point (c) 
of the first paragraph may be pursued, in particular, in the 
wine sector:  
(a) promoting and providing technical assistance for the 
use of environmentally sound cultivation practices and production techniques;  
(b) promoting initiatives for the management of by- 
products of wine making and the management of 
waste in particular to protect the quality of water, 
soil and landscape and preserving or encouraging biodi
­
versity;  
(c) carrying out research into sustainable production 
methods and market developments;  
(d) contributing to the achievement of support 
programmes as referred to in Section IVb of Chapter 
IV of Title I of Part II.’;  
15. Article 123(3) shall be amended as follows:  
(a) the introductory words and points (a) and (b) shall be 
replaced by the following:  
‘Further to paragraph 1, Member States shall, with 
regard to the fruit and vegetables sector, and may, with regard to the wine sector, also recognise inter- 
branch organisations which:  
(a) are made up of representatives of economic 
activities linked to the production of, trade in, or 
processing of the products of the sectors referred to 
in the introductory words;  
(b) are formed on the initiative of all or some of the 
representatives referred to in point (a);’;  
(b) point (c) shall be amended as follows:  
(i) the introductory words shall be replaced by the 
following:  
‘carry out one, and in the case of the fruit and 
vegetables sector, two or more, of the following 
activities in one or more regions of the 
Community, taking into account the interests of consumers, and, without prejudice to other sectors, in the wine sector taking into account 
public health and the interests of consumers:’;  (ii) point (ii) shall be replaced by the following:  
‘(ii) helping to coordinate better the way the 
products of the fruit and vegetables and the 
wine sectors are placed on the market, in 
particular by means of research and market 
studies;’;  
(iii) point (iv) shall be replaced by the following:  
‘(iv) exploiting to a fuller extent the potential of the 
fruit and vegetables produced, and the 
potential of production in the wine sector;’;  
(iv) points (vii) and (viii) shall be replaced by the 
following:  
‘(vii) developing methods and instruments for 
improving product quality at all stages of 
production and marketing and, as regards 
the wine sector, also vinification;  
(viii) exploiting the potential of organic farming 
and protecting and promoting such farming as well as designations of origin, quality labels 
and geographical indications;’;  
(v) point (x) shall be replaced by the following:  
‘(x) with regard to the fruit and vegetables sector, 
laying down rules, as regards the production and marketing rules referred to in points 2 
and 3 of Annex XVIa, which are stricter than 
Community or national rules;’;  
(vi) the following point shall be added:  
‘(xi) with regard to the wine sector:  
— providing information on particular charac
­
teristics of wine with a protected desig ­
nation of origin or a protected geogra ­
phical indication,  
— encouraging moderate and responsible 
consumption of wine and informing on the harm linked to hazardous consumption patterns,
 
— carrying out promotion actions for wine, 
especially in third countries.’;EN L 154/26 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 28 -16. the following Section shall be inserted in Chapter II of Title 
II of Part II:  
‘S e c t i o n I b  
R u l e s c o n c e r n i n g p r o d u c e r a n d i n t e r - 
b r a n c h o r g a n i s a t i o n s i n t h e w i n e s e c t o r  
Article 125o 
Recognition 
1. Member States may recognise producer and inter- 
branch organisations which have lodged an application 
for recognition with the Member State concerned and the 
application contains evidence that the entity:  
(a) as regards producer organisations:  
(i) meets the requirements laid down in Article 122;  
(ii) has a minimum number of members, to be laid 
down by the Member State concerned;  
(iii) covers a minimum volume of marketable 
production, to be laid down by the Member State 
concerned, in the area where the organisation 
operates; 
(iv) can carry out its activities properly, both over time 
and in terms of effectiveness and concentration of 
supply; 
(v) effectively enables its members to obtain technical 
assistance in using environmentally sound culti ­
vation practices;  
(b) as regards inter-branch organisations:  
(i) meets the requirements laid down in 
Article 123(3);  
(ii) carries out its activities in one or more regions in 
the territory concerned;  
(iii) represents a significant share of the production of, 
or trade in, products covered by this Regulation;  
(iv) does not engage in the production, processing or 
marketing of products of the wine sector.  
2. Producer organisations recognised in accordance with 
Regulation (EC) No 1493/1999 shall be considered as 
recognised producer organisations under this Article.  Organisations meeting the criteria set out in Article 123(3) 
and of paragraph (1)(b) of this Article, which have been 
recognised by Member States, shall be considered as 
recognised interbranch organisations under those 
provisions. 
3. Articles 125b(2) and 125k(3) shall apply  mutatis 
mutandis  to producer and inter-branch organisations re ­
spectively in the wine sector. However:  
(a) the periods referred to in Articles 125b(2)(a) and 
125k(3)(c) respectively shall be four months;  
(b) the applications for recognition referred to in Articles 
125b(2)(a) and 125k(3)(c) shall be lodged with the Member State where the organisation has its head
­
quarters;  
(c) the annual notifications referred to in Articles 
125b(2)(c) and 125k(3)(d) respectively shall be made by 1 March each year.’;  
17. in Article 129, the second sentence shall be replaced by the 
following:  
‘The tariff nomenclature resulting from the application of 
this Regulation, including, as the case may be, the defi
­
nitions in Annex III and Annex XIb shall be included in 
the Common Customs Tariff.’;  
18. the following point shall be inserted in Article 130(1):  
‘(ga) wine;’;  
19. the following Article shall be inserted:  
‘Article 133a  
Special security in the wine sector  
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 by the Commission that 
may not exceed the flat-rate value by more than 10 %, a 
security must be lodged equal to the import duties determined on the basis of the flat-rate import value.EN 17.6.2009 Official Journal of the European Union L 154/27
IP/N/1/EU/G/2 
        - 29 -If the entry price of the consignment is not declared, the 
application of Common Customs Tariff shall be dependent 
on the flat-rate import value or on the application, under 
conditions to be determined by the Commission, of the 
relevant provisions of customs legislation.  
2. Should derogations by the Council referred to in 
points B.5 or C of Annex XVb be 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.’;  
20. in Article 141(1), the introductory words shall be replaced 
by the following:  
‘An additional import duty shall apply to imports, subject 
to the rate of duty laid down in Articles 135 to 140a of 
one or more products of the cereals, rice, sugar, fruit and 
vegetables, processed fruit and vegetables, beef and veal, 
milk and milk products, pig meat, sheep meat and goat 
meat, eggs, poultry and bananas sectors, as well as of 
grape juice and grape must, in order to prevent or coun ­
teract adverse effects on the Community market which may result from those imports, if:’;  
21. the following Subsection shall be added to Section IV of 
Chapter II of Part III:
 
‘S u b s e c t i o n V  
S p e c i a l p r o v i s i o n s f o r i m p o r t s o f w i n e  
Article 158a 
Special import requirements for wine  
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 Subsection I of Section Ia of Chapter I of Title II of Part 
II, as well as Article 113d(1) of this Regulation 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 for 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 Community pursuant to this Regulation and its imple
­
menting measures.  
3. The importation of the products referred to in 
paragraph 1 shall be subject to the presentation of:  
(a) a certificate evincing compliance with the provisions 
referred to in paragraphs 1 and 2, to be drawn up by 
a competent body, included on a list to be made public 
by the Commission, in the product’s country of origin;  
(b) an analysis report drawn up by a body or department 
designated by the product’s country of origin, in so far as the product is intended for direct human 
consumption.  
4. Detailed rules for the application of this Article shall 
be adopted by the Commission.’;  
22. the first subparagraph of Article 160(1) shall be replaced by 
the following:  
‘Where the Community market is disturbed or is liable to 
be disturbed by inward processing arrangements, the 
Commission may, at the request of a Member State or on its own initiative, fully or partially suspend the use of 
inward processing arrangements for the products of the 
cereals, rice, sugar, olive oil and table olives, fruit and 
vegetables, processed fruit and vegetables, wine, beef and 
veal, milk and milk products, pigmeat, sheepmeat and 
goatmeat, eggs, poultrymeat and agricultural ethyl alcohol 
sectors. 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.’;  
23. the following point shall be inserted in Article 161(1):  
‘(dc) wine;’;  
24. the first subparagraph of Article 174(1) shall be replaced by 
the following:  
‘Where the Community market is disturbed or is liable to 
be disturbed by outward processing arrangements, the 
Commission may, at the request of a Member State or 
on its own initiative, fully or partially suspend the use of 
outward processing arrangements for the products of the 
cereals, rice, fruit and vegetables, processed fruit and vege
­
tables, wine, beef and veal, pigmeat, sheepmeat and goatmeat and poultrymeat sectors. 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.’;EN L 154/28 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 30 -25. Article 175 shall be replaced by the following:  
‘Article 175 
Application of Articles 81 to 86 of the Treaty  
Save as otherwise provided for in this Regulation, Articles 
81 to 86 of the Treaty and implementation provisions 
thereof shall, subject to Articles 176 to 177 of this Regu ­
lation, apply to all agreements, decisions and practices referred to in Articles 81(1) and 82 of the Treaty which 
relate to the production of, or trade in, the products 
covered by this Regulation.’;  
26. Article 180 shall be replaced by the following:  
‘Article 180 
Application of Articles 87, 88 and 89 of the Treaty  
Articles 87, 88 and 89 of the Treaty shall apply to the 
production of, and trade in, the products referred to in Article 1.  
However, Articles 87, 88 and 89 of the Treaty shall not 
apply to payments made under Articles 44 to 48, 102, 
102a, 103, 103a, 103b, 103e, 103ga, 104, 105, 182 
and 182a, Subsection III of Section IVa of Chapter III of 
Title I of Part II and Section IVb of Chapter IV of Title I of 
Part II of this Regulation by Member States in conformity 
with this Regulation. Nevertheless, with regard to 
Article 103n(4) only Article 88 of the Treaty shall not apply.’;  
27. the following Article shall be added to Chapter II of Part IV:  
‘Article 182a 
National aid for distillation of wine in cases of crisis  
1. From 1 August 2012, Member States may grant 
national aid to wine producers for the voluntary or 
mandatory distillation of wine in justified cases of crisis.  
2. The aid referred to in paragraph 1 shall be propor
­
tionate and allow this crisis to be addressed.  
3. The overall amount of aid available in a Member State 
in any given year for such aid shall not exceed 15 % of the 
globally available funds per Member State laid down in 
Annex Xb for that year.  
4. Member States which wish to make use of the aid 
referred to in paragraph 1 shall submit a duly substantiated notification to the Commission. The Commission shall decide whether the measure is approved and aid may be 
granted.  
5. The alcohol resulting from distillation referred to in 
paragraph 1 shall be used exclusively for industrial or 
energy purposes so as to avoid distortion of competition.  6. Detailed rules for the application of this Article may 
be adopted by the Commission.’;  
28. the following points shall be added to Article 184:  
‘7. to the European Parliament and the Council by 
31 December 2011 on the implementation of the 
promotion measures in the wine sector referred to in 
Article 103p;  
8. by the end of 2012 concerning the wine sector, in 
particular taking into account the experience gained with the implementation of the reform.’;  
29. the following Articles shall be inserted:  
‘Article 185a  
Vineyard register and inventory  
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 classifiable according to 
Article 120a(2) is less than 500 hectares shall not be 
subject to the obligation laid down in paragraph 1.  
3. Member States, which provide for the measure 
“restructuring and conversion of vineyards” in their 
support programmes in accordance with Article 103q, 
shall, on the basis of the vineyard register, submit to the 
Commission by 1 March each year an updated inventory of 
their production potential.  
4. Detailed rules concerning the vineyard register and 
the inventory shall be adopted by the Commission, in 
particular with regard to their use concerning monitoring 
and control of the production potential and concerning the 
measurement of areas.  
Any time after 1 January 2016, the Commission may 
decide that paragraphs 1 to 3 no longer apply.  
Article 185b  
Compulsory declarations in the wine sector  
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.EN 17.6.2009 Official Journal of the European Union L 154/29
IP/N/1/EU/G/2 
        - 31 -3. Producers of must and wine, and merchants other 
than retailers, shall declare to the competent national auth ­
orities 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.  
4. Detailed rules for the application of this Article may 
be adopted by the Commission and may, in particular, include rules on penalties to be applied in case of non- compliance with the communication requirements.  
Article 185c 
Accompanying documents and register in the wine 
sector 
1. The products of the wine sector shall be put into 
circulation within the Community only with an officially authorised accompanying document.  
2. Natural or legal persons or groups of persons who 
hold products covered by the wine sector in the exercise of 
their trade, in particular producers, bottlers and processors, 
as well as merchants to be determined by the Commission, 
shall keep inwards and outwards registers in respect of 
those products.  
3. Detailed rules for the application of this Article may 
be adopted by the Commission.  
Article 185d 
Designation of responsible national authorities for the 
wine sector 
1. Without prejudice to any other provisions of this 
Regulation concerning the determination of competent 
national authorities, 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, without the assistance of the Committee referred to in Article 195(1), 
shall make this information public.’;  
30. the following Article shall be inserted:  ‘Article 188a  
Reporting and evaluation in the wine sector  
1. As concerns unlawful plantings planted after 
31 August 1998, referred to in Article 85a, Member 
States shall communicate to the Commission by 1 March 
each year the areas which were planted with vines without 
a corresponding planting right after 31 August 1998, as 
well as the areas grubbed up in accordance with paragraph 
1 of that Article.  
2. As concerns the obligatory regularisation of unlawful 
plantings planted before 1 September 1998 referred to in 
Article 85b, 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 of 
that Article, 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 of that Article.  
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 Article 85b(4).  
The end of the transitional ban on new plantings on 
31 December 2015 as provided for in Article 85g(1), shall not affect the obligations provided for in this 
paragraph.  
3. As concerns aid applications in the context of the 
grubbing-up scheme set up in Subsection III of Section 
IVa of Chapter III of Title I of Part II, Member States 
shall notify the Commission by 1 March each year of the 
applications accepted, split by regions and by yield ranges, 
and the total amount of grubbing-up premiums paid by 
region.  
For the preceding wine year, Member States shall notify the 
Commission by 1 December each year of:  
(a) the areas grubbed up, split by regions and by yield 
ranges;  
(b) the total amount of grubbing-up premiums paid by 
region.  
4. As concerns exemptions from the eligibility for the 
participation in the grubbing-up scheme in accordance with 
Article 85u, Member States deciding to make use of the 
possibility provided for in paragraphs 4 to 6 of that Article 
shall communicate to the Commission by 1 August each 
year, concerning the grubbing-up measure to be implemen
­
ted:EN L 154/30 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 32 -(a) the areas declared ineligible;  
(b) the justification for ineligibility in accordance with 
Article 85u(4) and (5).  
5. Member States shall submit to the Commission by 1 
March each year, and for the first time by 1 March 2010, a 
report on the implementation of the measures provided for in their support programmes referred to in Section IVb of 
Chapter IV of Title I of Part II 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 im
­
plementation of the promotion measures referred to in 
Article 103p.  
6. Member States shall, by 1 March 2011 and, a second 
time, by 1 March 2014, submit to the Commission an evaluation of the costs and benefits of the support 
programmes as well as an indication of how to increase 
their efficiency.  
7. Detailed rules for the application of this Article shall 
be adopted by the Commission.’;  
31. the following Article shall be inserted:  
‘Article 190a 
Transfer of amounts available in the wine sector to 
rural development  
1. The amounts fixed in paragraph 2, based on historical 
expenditure under Regulation (EC) No 1493/1999 for 
intervention measures 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 40 660 000,  
— 2010: EUR 82 110 000,  
— from 2011 onwards: EUR 122 610 000.  
3. The amounts set in paragraph 2 shall be allocated 
among Member States in accordance with Annex Xc.’;  
32. the following paragraph shall be added to Article 194:  ‘The Commission may also determine the rules on the 
measurement of areas in the wine sector ensuring 
uniform application of Community provisions as laid 
down in this Regulation. Such rules may, in particular, 
relate to controls and rules governing the specific 
financial procedures for the improvement of controls.’;  
33. the following Article shall be added to Part VI:  
‘Article 194a  
Compatibility with the integrated administration and 
control system  
For the purposes of applying this Regulation in the wine 
sector, Member States shall ensure that the administration 
and control procedures, referred to in the first and the third 
paragraph of Article 194, which relate to areas, are 
compatible with the integrated administration control 
system (IACS) as regards the following elements:  
(a) the computerised database;  
(b) the identification systems for agricultural parcels 
referred to in Article 20(1) of Regulation (EC) No 1782/2003;  
(c) the administrative checks.  
The procedures shall allow, without any problems or 
conflicts, a common functioning or the exchange of data 
with the IACS.’;  
34. Article 195 shall be amended as follows:  
(a) paragraph 1 shall be replaced by the following:  
‘1. The Commission shall be assisted by the 
Management Committee for the Common Organisation 
of Agricultural Markets (hereinafter referred to as the 
Management Committee).’;  
(b) the following paragraphs shall be added:  
‘3. The Commission shall also be assisted by a Regu
­
latory Committee.  
4. Where reference is made to this paragraph, 
Articles 5 and 7 of Decision 1999/468/EC shall apply.  
The period laid down in Article 5(6) of Decision 
1999/468/EC shall be set at three months.’;EN 17.6.2009 Official Journal of the European Union L 154/31
IP/N/1/EU/G/2 
        - 33 -35. Article 196 shall be replaced by the following:  
‘Article 196  
Organisation of the Management Committee 
The organisation of the meetings of the Management 
Committee referred to in Article 195(1) shall take into 
account, in particular, the scope of its responsibilities, the 
specificities of the subject to be dealt with, and the need to 
involve appropriate expertise.’;  
36. the following Article shall be inserted:  
‘Article 203b 
Transitional rules in the wine sector 
The Commission may adopt the measures required to 
facilitate the transition from the arrangements provided 
for in Regulations (EC) No 1493/1999 and (EC) No 
479/2008 to those laid down in this Regulation.’;  
37. the Annexes shall be amended as follows:  
(a) Part IIIa, the text of which appears in Annex I to this 
Regulation, shall be inserted in Annex III;  
(b) Annexes Xb, Xc, Xd and Xe, the text of which appears 
in Annex II to this Regulation, shall be inserted;  
(c) Annex XIb, the text of which appears in Annex III to 
this Regulation, shall be inserted;  
(d) Annexes XVa and XVb, the text of which appears in 
Annex IV to this Regulation, shall be inserted;  
(e) point 47, the text of which appears in Annex V to this 
Regulation, shall be added to Annex XXII.  
Article 2  
Amendment to Regulation (EC) No 1184/2006  
Article 1 of Regulation (EC) No 1184/2006 shall be replaced by 
the following:  ‘Article 1 
This Regulation shall lay down the rules to be applied as regards 
the applicability of Articles 81 to 86 and certain provisions of 
Article 88 of the Treaty in relation to production of, or trade in, 
the products listed in Annex I to the Treaty with the exception 
of the products covered by Council Regulation (EC) No 
1234/2007 of 22 October 2007 establishing a common organ ­
isation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (*).  
___________  
(*) OJ L 299, 16.11.2007, p. 1.’.  
Article 3 
Repeals and transitional continued applicability  
1. Subject to paragraph 2, Regulation (EC) No 479/2008 
shall be repealed.  
References to the repealed Regulation shall be construed as 
references to Regulation (EC) No 1234/2007 and shall be 
read in accordance with the respective correlation table set 
out in Annex XXII to that Regulation.  
2. Article 128(3) of Regulation (EC) No 479/2008 shall 
continue to apply for the measures and under the conditions set out therein.  
Article 4 
Entry into force 
This Regulation shall enter into force on the seventh day 
following its publication in the  Official Journal of the European 
Union . 
It shall apply from 1 August 2009.  
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels, 25 May 2009.  
For the Council  
The President
 
J. ŠEBESTAEN L 154/32 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 34 -ANNEX I 
‘Part IIIa: Definitions concerning the wine sector  
V i n e - r e l a t e d  
1. “Grubbing-up” means the complete elimination of all vine stocks on an area planted with vines.  
2. “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.  
3. “Grafting-on” means the grafting of a vine which has already been subject to a previous grafting.  
P r o d u c e - r e l a t e d  
4. “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 spontaneously produce alcoholic fermentation.  
5. “Fresh grape must with fermentation arrested by the addition of alcohol” means a product which:  
(a) has an actual alcoholic strength of not less than 12 % volume and not more than 15 % volume;  
(b) is obtained by addition to unfermented grape must, which has a natural alcoholic strength of not less than 8,5 % 
volume and is exclusively derived from wine grape varieties classifiable according to Article 120a(2):  
(i) 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 % volume;  
(ii) or of an unrectified product derived from the distillation of wine and having an actual alcoholic strength of 
not less than 52 % volume and not more than 80 % volume.  
6. “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 % volume is permissible.  
7. “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 %.  
An actual alcoholic strength of the concentrated grape juice of not more than 1 % volume is permissible.  
8. “Wine lees” means the residue:  
(a) accumulating in vessels containing wine after fermentation, during storage or after authorised treatment;  
(b) obtained from filtering or centrifuging the product referred to in (a);  
(c) accumulating in vessels containing grape must during storage or after authorised treatment; or  
(d) obtained from filtering or centrifuging the product referred to in (c).  
9. “Grape marc” means the residue from the pressing of fresh grapes, whether or not fermented.EN 17.6.2009 Official Journal of the European Union L 154/33
IP/N/1/EU/G/2 
        - 35 -10. “Piquette” means a product obtained by:  
(a) the fermentation of untreated grape marc macerated in water; or  
(b) leaching fermented grape marc with water.  
11. “Wine fortified for distillation” means a product which:  
(a) has an actual alcoholic strength of not less than 18 % volume and not more than 24 % volume;  
(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 % volume; or  
(c) has a maximum volatile acidity of 1,5 grams per litre, expressed as acetic acid.  
12. “Cuvée” means:  
(a) the grape must;  
(b) the wine; or  
(c) the mixture of grape musts and/or wines with different characteristics, intended for the preparation of a specific 
type of sparkling wine.  
A l c o h o l i c s t r e n g t h  
13. “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.  
14. “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.  
15. “Total alcoholic strength by volume” means the sum of the actual and potential alcoholic strengths.  
16. “Natural alcoholic strength by volume” means the total alcoholic strength by volume of a product before any 
enrichment.  
17. “Actual alcoholic strength by mass” means the number of kilograms of pure alcohol contained in 100 kilograms of 
product. 
18. “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 product.  
19. “Total alcoholic strength by mass” means the sum of the actual and potential alcoholic strength.’EN L 154/34 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 36 -ANNEX II  
‘ANNEX Xb 
BUDGET FOR SUPPORT PROGRAMMES (REFERRED TO IN ARTICLE 103N(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  3 770  3 937  5 119  5 041  5 045  
SK 2 938  4 022  4 160  5 147  5 082  5 085  
UK 0  61  67  124  120  120  
(*) The national ceilings in Annex VIII to Regulation (EC) No 1782/2003 for Italy corresponding to years 2008, 2009 and 2010 ar e 
reduced by EUR 20 million and those amounts have been included in the budget amounts of Italy for the years 2009, 2010 and 2011  
as laid down in this table.EN 17.6.2009 Official Journal of the European Union L 154/35
IP/N/1/EU/G/2 
        - 37 -ANNEX Xc  
BUDGET ALLOCATION FOR RURAL DEVELOPMENT (REFERRED TO IN ARTICLE 190A(3))  
in 1 000 EUR  
Budget year  2009  2010 From 2011 
onwards  
BG —  —  —  
CZ —  —  —  
DE —  —  —  
EL —  —  —  
ES 15 491  30 950  46 441  
FR 11 849  23 663  35 512  
IT 13 160  26 287  39 447  
CY —  —  —  
LT —  —  —  
LU —  —  —  
HU —  —  —  
MT —  —  —  
AT —  —  —  
PT —  —  —  
RO —  —  —  
SI —  1 050  1 050  
SK —  —  —  
UK 160  160  160EN L 154/36 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 38 -ANNEX Xd 
BUDGET FOR THE GRUBBING-UP SCHEME  
The budget available for the grubbing-up scheme referred to in Article 85s(3) shall be:  
(a) for the wine year 2008/2009 (2009 budget year): EUR 464 000 000;  
(b) for the wine year 2009/2010 (2010 budget year): EUR 334 000 000;  
(c) for the wine year 2010/2011 (2011 budget year): EUR 276 000 000.EN 17.6.2009 Official Journal of the European Union L 154/37
IP/N/1/EU/G/2 
        - 39 -ANNEX Xe  
AREAS WHICH MEMBER STATES MAY DECLARE INELIGIBLE FOR THE GRUBBING-UP SCHEME 
(REFERRED TO IN ARTICLE 85U(1), (2) AND (5))  
in ha 
Member State  Total area planted with 
vines  Areas referred to in 
Article 85u(5)  
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  
MT 910  27 
AT 50 681  1 520  
PT 238 831  7 165  
RO 178 101  5 343  
SI 16 704  501 
SK 21 531  646’EN L 154/38 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 40 -ANNEX III  
‘ANNEX XIb 
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 XVa, an actual alcoholic 
strength of not less than 8,5 % volume provided that the wine derives exclusively from grapes harvested in wine- 
growing zones A and B referred to in the Appendix to this Annex, and of not less than 9 % volume 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 a protected geographical indication, whether or not following application of the processes 
specified in point B of Annex XVa, an actual alcoholic strength of not less than 4,5 % volume;  
(c) have a total alcoholic strength of not more than 15 % volume. However, by way of derogation:  
— the upper limit for the total alcoholic strength may reach up to 20 % volume for wines which have been produced 
without any enrichment from certain wine-growing areas of the Community, to be decided by the Commission in 
accordance with the procedure referred to in Article 195(4),  
— the upper limit for the total alcoholic strength may exceed 15 % volume for wines with a protected designation of 
origin which have been produced without enrichment;  
(d) have, subject to derogations which may be adopted by the Commission in accordance with the procedure referred to 
in Article 195(4), 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 Greece’s applicable provision.  
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 % volume and not more than 22 % volume;  
(b) which has a total alcoholic strength of not less than 17,5 % volume, except for certain liqueur wines with a 
designation of origin or with a geographical indication appearing on a list to be drawn up by the Commission in 
accordance with the procedure referred to in Article 195(4);  
(c) which is obtained from:  
— grape must in fermentation,  
— wine,  
— a combination of the above products, or
 
— grape must or a mixture thereof with wine in so far as liqueur wines, to be determined by the Commission in 
accordance with the procedure referred to in Article 195(4), with a protected designation of origin or a protected 
geographical indication are concerned;EN 17.6.2009 Official Journal of the European Union L 154/39
IP/N/1/EU/G/2 
        - 41 -(d) which has an initial natural alcoholic strength of not less than 12 % volume except for certain liqueur wines with a 
protected designation of origin or a protected geographical indication appearing on a list to be drawn up by the 
Commission in accordance with the procedure referred to in Article 195(4);  
(e) to which the following 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 % volume,  
— wine or dried grape distillate, having an actual alcoholic strength of not less than 52 % volume and not more 
than 86 % volume;  
(ii) together with one or more of the following products where appropriate:  
— concentrated grape must,  
— a combination of one of the products referred to in point (e)(i) with a grape must referred to in the first and 
fourth indent of point (c);  
(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 a protected geographical indication are concerned which appear on a list to be drawn up by 
the Commission in accordance with the procedure referred to in Article 195(4):  
(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 % volume and not 
more than 96 % volume,  
— spirits distilled from wine or from grape marc, with an actual alcoholic strength of not less than 52 % volume 
and not more than 86 % volume,  
— spirits distilled from dried grapes, with an actual alcoholic strength of not less than 52 % volume and of less 
than 94,5 % volume; and  
(iii) 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).  
4. Sparkling wine 
Sparkling wine shall be the product:  
(a) which is obtained by first or second alcoholic fermentation:  
— from fresh grapes,  
— from grape must, or,  
— from wine;EN L 154/40 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 42 -(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; and  
(d) for which the total alcoholic strength of the cuvées intended for their preparation shall not be less than 8,5 % volume.  
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, or  
— 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 when kept at a temperature 
of 20 °C in closed containers; and  
(d) for which the total alcoholic strength of the cuvées intended for their preparation shall not be less than 9 % volume.  
6. 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 is derived from specific wine grape varieties on a list to be drawn up by the Commission in accordance with 
the procedure referred to in Article 195(4). Quality aromatic sparkling wines traditionally produced using wines when constituting the cuvée, shall be determined by the Commission in accordance with the procedure referred to in Article 195(4);  
(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
 o C in closed containers;  
(c) of which the actual alcoholic strength may not be less than 6 % volume; and  
(d) of which the total alcoholic strength may not be less than 10 % volume.  
Specific rules concerning other supplementary characteristics or conditions of production and circulation shall be adopted 
by the Commission in accordance with the procedure referred to in Article 195(4).  
7. Aerated sparkling wine  
Aerated sparkling wine shall be the product which:  
(a) is obtained from wine without a protected designation of origin or a protected geographical indication;  
(b) releases, when the container is opened, carbon dioxide derived wholly or partially from an addition of that gas; and  
(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.  
8. 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 % volume;EN 17.6.2009 Official Journal of the European Union L 154/41
IP/N/1/EU/G/2 
        - 43 -(b) has an actual alcoholic strength of not less than 7 % volume;  
(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; and  
(d) is placed in containers of 60 litres or less.  
9. Aerated semi-sparkling wine  
Aerated semi-sparkling wine shall be the product which:  
(a) is obtained from wine;  
(b) has an actual alcoholic strength of not less than 7 % volume and a total alcoholic strength of not less than 9 % 
volume; 
(c) has an excess pressure of not less than 1 bar and not more than 2,5 bar when kept at a temperature of 20 °C in 
closed containers due to carbon dioxide in solution which has been wholly or partially added; and  
(d) is placed in containers of 60 litres or less.  
10. 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 % volume is permissible.  
11. 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 % volume but less than three fifths of its total alcoholic strength by volume.  
12. 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 % volume. However, certain wines, to be determined by the Commission in accordance with the procedure referred to in Article 195(4), that meet these 
requirements shall not be considered as grape must in fermentation extracted from raisined grapes.  
13. Concentrated grape must  
Concentrated grape must shall be uncaramelised grape must which is obtained by partial dehydration of grape must 
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 in accordance with Article 120g at a temperature of 20 °C is not less 
than 50,9 %.  
An actual alcoholic strength of the concentrated grape must of not more than 1 % volume is permissible.  
14. 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 120g 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,EN L 154/42 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 44 -— 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 sugars,  
— a conductivity at 25 °Brix and 20 °C of not more than 120 micro-Siemens/cm,  
— a hydroxymethylfurfural content of not more than 25 milligrams per kilogram of total sugars,  
— presence of mesoinositol.  
An actual alcoholic strength of the rectified concentrated grape must of not more than 1 % volume is permissible.  
15. 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 % volume and an actual alcoholic strength of at least 9 % volume; and  
(c) has a natural alcoholic strength of a least 16 % volume (or 272 grams sugar/litre).  
16. 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 % volume; and  
(c) has a total alcoholic strength of not less than 15 % volume and an actual alcoholic strength of not less than 12 % 
volume. 
Member States may prescribe a period of ageing for this product.  
17. Wine vinegar 
Wine vinegar shall be vinegar which:  
(a) is obtained exclusively by acetous fermentation of wine; and  
(b) has a total acidity of not less than 60 grams per litre expressed as acetic acid.EN 17.6.2009 Official Journal of the European Union L 154/43
IP/N/1/EU/G/2 
        - 45 -Appendix to Annex XIb 
Wine growing zones  
The wine-growing zones shall be the following:  
1. Wine-growing zone A comprises:  
(a) in Germany: the areas planted with vines other than those included in paragraph 2(a);  
(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 Čechy. 
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,  
— in the Jura: Ain, Doubs, Jura, Haute-Saône,  
— in Savoie: Savoie, Haute-Savoie, Isère (commune de Chapareillan),  
— in the Val de Loire: Cher, Deux-Sèvres, Indre, Indre-et-Loire, Loir-et-Cher, Loire-Atlantique, Loiret, Maine-et- 
Loire, Sarthe, Vendée, Vienne, and the areas planted with vines in the arrondissement of Cosne-sur-Loire in the 
department of Nièvre;  
(c) in Austria, the Austrian wine-growing area;  
(d) in the Czech Republic, the wine-growing region of Morava and the areas planted with vines not included in 
paragraph 1(d); 
(e) in Slovakia, the areas planted with vines in the following regions: Malokarpatská vinohradnícka oblast, Južnoslo ­
venská vinohradnícka oblast, Nitrianska vinohradnícka oblast, Stredoslovenská vinohradnícka oblast, Východoslo ­
venská vinohradnícka oblast and the wine growing areas not included in paragraph 3(f);  
(f) in Slovenia, the areas planted with vines in the following regions:  
— in the Podravje region: Štajerska Slovenija, Prekmurje,  
— in the Posavje region: Bizeljsko Sremi č, Dolenjska and Bela krajina, and the areas planted with vines in the 
regions not included in paragraph 4(d);  
(g) in Romania, in the area of Podi șul Transilvaniei.EN L 154/44 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 46 -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, Ariège, Aveyron, 
Cantal, Charente, Charente-Maritime, Corrèze, Côte-d’Or, Dordogne, Haute-Garonne, Gers, Gironde, Isère (with 
the exception of the commune of Chapareillan), Landes, Loire, Haute-Loire, Lot, Lot-et-Garonne, Lozère, Nièvre 
(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,  
— in the arrondissements of Valence and Die in the department of Drôme (except for the cantons of Dieulefit, 
Loriol, Marsanne and Montélimar),  
— in the arrondissement of Tournon, in the cantons of Antraigues, Burzet, Coucouron, Montpezat-sous-Bauzon, 
Privas, Saint-Etienne de Lugdarès, Saint-Pierreville, Valgorge and la Voulte-sur-Rhône of the department of Ardèche; 
(b) in Italy, areas planted with vines in the Valle d’Aosta region and in the provinces of Sondrio, Bolzano, Trento and 
Belluno; 
(c) in Spain, areas planted with vines in the provinces of A Coruña, Asturias, Cantabria, Guipúzcoa and Vizcaya;  
(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, Lourinhã, Mafra e Torres Vedras” (with the 
exception of “Freguesias da Carvoeira e Dois Portos” ), belonging to the “Região 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 paragraphs 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, Solliès-Toucas, Cuers, Puget-Ville, Collobrières, La Garde-Freinet, Plan-de-la-Tour and Sainte- 
Maxime, 
— in the arrondissement of Nyons and the canton of Loriol-sur-Drôme in the department of Drôme,  
— in those parts of the department of Ardèche not listed in paragraph 3(a);  
(b) in Italy, areas planted with vines in the following regions: Abruzzo, Campania, Emilia-Romagna, Friuli-Venezia 
Giulia, Lazio, Liguria, Lombardy (except for the province of Sondrio), Marche, Molise, Piedmont, Tuscany, Umbria, 
Veneto (except for the province of Belluno), including the islands belonging to those regions, such as Elba and the 
other islands of the Tuscan archipelago, the Ponziane islands, Capri and Ischia;  
(c) in Spain, areas planted with vines in the following provinces:  
— Lugo, Orense, Pontevedra,  
— Ávila (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,EN 17.6.2009 Official Journal of the European Union L 154/45
IP/N/1/EU/G/2 
        - 47 -— 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 Goriška Brda, Vipavska dolina or Vipava, 
Kras and Slovenska Istra;  
(e) in Bulgaria, areas planted with vines in the following regions: Dunavska Ravnina ( Дунавска  равнина ), Cherno ­
morski Rayon ( Черноморски  район ), Rozova Dolina ( Розова долина ); 
(f) in Romania, areas planted with vines in the following regions: Dealurile Buz ăului, Dealu Mare, Severinului and 
Plaiurile Drâncei, Colinele Dobrogei, Terasele Dun ării, the South wine region, including sands and other favourable 
regions.  
5. Wine-growing zone C III (a) comprises:  
(a) in Greece, areas planted with vines in the following nomoi: Florina, Imathia, Kilkis, Grevena, Larisa, Ioannina, 
Levkas, Akhaia, Messinia, Arkadia, Korinthia, Iraklio, Khania, Rethimni, Samos, Lasithi and the island of Thira 
(Santorini);  
(b) in Cyprus, areas planted with vines located at altitudes exceeding 600 metres;  
(c) in Bulgaria, areas planted with vines not included in paragraph 4(e).  
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, Solliès-Toucas, Cuers, Puget-Ville, Collobrières, 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 paragraph 5(a);  
(d) in Spain: areas planted with vines not included in paragraphs 3(c) or 4(c);  
(e) in Portugal, areas planted with vines in the regions not included in paragraph 3(d);  
(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 national provisions in force on 1 March 1998.’EN L 154/46 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 48 -ANNEX IV  
‘ANNEX XVa 
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 
the Appendix to Annex XIb, 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 120a(2).  
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 % volume in wine-growing zone A referred to in the Appendix to Annex XIb;  
(b) 2 % volume in wine-growing zone B referred to in the Appendix to Annex XIb;  
(c) 1,5 % volume in wine-growing zones C referred to in the Appendix to Annex XIb.  
3. In years when climatic conditions have been exceptionally unfavourable, Member States may request that the 
limit(s) laid down in paragraph 2 be raised by 0,5 %. In response to such a request, the Commission will present 
the draft legislative measure to the Management Committee foreseen in Article 195(1) as soon as possible. The Commission will endeavour to take a decision within four weeks after the request has been lodged.  
B. Enrichment processes  
1. The increase in natural alcoholic strength by volume provided for in point A shall only be effected:  
(a) in respect of fresh grapes, grape must in fermentation or new wine still in fermentation, by adding sucrose, 
concentrated grape must or rectified concentrated grape must;  
(b) in respect of grape must, by adding sucrose, concentrated grape must or rectified concentrated grape must, or 
by partial concentration, including reverse osmosis;  
(c) in respect of wine, by partial concentration through cooling.  
2. The processes referred to in paragraph 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 103y.  
3. 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 the Appendix to Annex XIb;  
(b) wine-growing zone B referred to in the Appendix to Annex XIb;  
(c) wine-growing zone C referred to in the Appendix to Annex XIb, 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,EN 17.6.2009 Official Journal of the European Union L 154/47
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        - 49 -— Pau, 
— Bordeaux, 
— Bastia. 
However, enrichment by dry sugaring may be authorised by the national authorities as an exception in the 
abovementioned French departments. France shall notify the Commission and the other Member States 
forthwith of any such authorisations.  
4. 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, grape must in fermentation or new wine still in fermen ­
tation by more than 11 % in wine-growing zone A, 8 % in wine-growing zone B and 6,5 % in wine-growing zone C referred to in the Appendix to Annex XIb.  
5. The concentration of grape must or of wine subjected to the processes referred to in paragraph 1:  
(a) shall not have the effect of reducing the initial volume of these products by more than 20 %;  
(b) shall, notwithstanding point A(2)(c), not increase the natural alcoholic strength of these products by more than 
2 % volume.  
6. The processes referred to in paragraphs 1 and 5 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 the Appendix to Annex XIb to more than 11,5 % volume;  
(b) in wine-growing zone B referred to in the Appendix to Annex XIb to more than 12 % volume;  
(c) in wine-growing zone C I referred to in the Appendix to Annex XIb to more than 12,5 % volume;  
(d) in wine-growing zone C II referred to in the Appendix to Annex XIb to more than 13 % volume; and  
(e) in wine-growing zone C III referred to in the Appendix to Annex XIb to more than 13,5 % volume.  
7. By way of derogation from paragraph 6, Member States may:  
(a) in relation to red wine, raise the upper limit of total alcoholic strength of the products referred to in paragraph 
6 to 12 % volume in wine-growing zone A and 12,5 % volume in wine-growing zone B referred to in the 
Appendix to Annex XIb;  
(b) raise the total alcoholic strength by volume of the products referred to in paragraph 6 for the production of 
wines with a designation of origin to a level to be determined by Member States.  
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 and C I referred to in the Appendix to Annex XIb;  
(b) acidification and de-acidification in wine-growing zones C I, C II and C III (a) referred to in the Appendix to 
Annex XIb, without prejudice to paragraph 7; or  
(c) acidification in wine-growing zone C III (b) referred to in the Appendix to Annex XIb.  
2. Acidification of the products, other than wine, referred to in paragraph 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.EN L 154/48 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 50 -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.  
5. Grape must intended for concentration may be partially de-acidified.  
6. Notwithstanding paragraph 1, in years when climatic conditions have been exceptional, Member States may 
authorise acidification of the products referred to in paragraph 1 in wine-growing zones A and B, referred to 
in the Appendix to Annex XIb, under the conditions referred to in paragraphs 2 and 3.  
7. Acidification and enrichment, except by way of derogation to be decided by the Commission in accordance with 
the procedure referred to in Article 195(4), and acidification and de-acidification of one and the same product shall 
be mutually exclusive processes.  
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 by the Commission in accordance 
with the procedure referred to in Article 195(4), 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)(l) 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 paragraphs 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 and merchants to be determined by the Commission in accordance with the procedure referred to in Article 195(4), at the same time and in the same place as fresh grapes, grape must, grape must in 
fermentation or wine in bulk. The notification of these quantities may, however, be replaced by entry in a 
goods inwards and stock utilisation register.  
5. Each of the processes referred to in points B and C shall be recorded on the accompanying document, as provided 
for in Article 185c, under cover of which the products having undergone the processes are put into circulation.  
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 the Appendix to Annex XIb after 1 January;  
(b) in wine-growing zones A and B referred to in the Appendix to Annex XIb after 16 March, and they shall be 
carried out only for products of the grape harvest immediately preceding those dates.
 
7. Notwithstanding paragraph 6, concentration by cooling and acidification and de-acidification of wines may be 
practised throughout the year.EN 17.6.2009 Official Journal of the European Union L 154/49
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        - 51 -ANNEX XVb  
RESTRICTIONS  
A. General 
1. All authorised oenological practices shall exclude the addition of water, except where required on account of a 
specific technical necessity.  
2. All authorised oenological practices 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.  
2. Grape juice and concentrated grape juice shall not be made into wine or added to wine. They shall not undergo 
alcoholic fermentation in the territory of the Community.  
3. The provisions of paragraphs 1 and 2 shall not apply to products intended for the production, in the United 
Kingdom, Ireland and Poland, of products falling within CN code 2206 00 for which Member States may allow the 
use of a composite name, including the sales designation “wine”.  
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. Unless otherwise decided by the Council 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 those products, originating in third countries, may not be turned into products referred to in Annex 
XIb or added to such products in the territory of the Community.  
C. Blending of wines 
Unless otherwise decided by the Council 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  
1. The over-pressing of grapes shall be prohibited. Member States shall decide, taking account of local and technical 
conditions, the minimum quantity of alcohol that shall be contained in the marc and the lees after the pressing of grapes.  
The quantity of alcohol contained in those by-products shall be decided by Member States at a level at least equal 
to 5 % in relation to the volume of alcohol contained in the wine produced.  
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 by the Commission in accordance with the procedure referred 
to in Article 195(4) where this practice is traditionally used for the production of “Tokaji fordítás” and “Tokaji 
máslás” in Hungary and “Tokajský forditáš” and “Tokajský mášláš” 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. The filtering and centrifuging of wine lees shall not be considered as pressing where the 
products obtained are of sound, genuine and merchantable quality.EN L 154/50 Official Journal of the European Union 17.6.2009
IP/N/1/EU/G/2 
        - 52 -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 by the Commission in accordance with the procedure referred to in 
Article 195(4).’EN 17.6.2009 Official Journal of the European Union L 154/51
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        - 53 -ANNEX V 
‘47. Regulation (EC) No 479/2008  
Regulation (EC) No 479/2008  This Regulation  
Article 1  Article 1(1)(l)  
Article 2  Article 2 and Part IIIa of Annex III 
Article 3  Article 103i  
Article 4  Article 103j  
Article 5  Article 103k  
Article 6  Article 103l  
Article 7  Article 103m  
Article 8  Article 103n  
Article 9  Article 103o  
Article 10  Article 103p  
Article 11  Article 103q  
Article 12  Article 103r  
Article 13  Article 103s  
Article 14  Article 103t  
Article 15  Article 103u  
Article 16  Article 103v  
Article 17  Article 103w  
Article 18  Article 103x  
Article 19  Article 103y  
Article 20  Article 103z  
Article 21(1)  Article 188a(5)  
Article 21(2) first subparagraph  Article 188a(6)  
Article 21(2) second subparagraph  Article 184 point (5) 
Article 22 first paragraph and points (a) to (d) of the 
second paragraph Article 103za  
Article 22 second paragraph point (e)  Article 188a(7)  
Article 23  Article 190a  
Article 24  Article 120a(2) to (6) 
Article 25(1)  Article 120a(1)  
Article 25(2), (3) and (4)  Article 113d  
Article 26  Article 120bEN L 154/52 Official Journal of the European Union 17.6.2009
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        - 54 -Regulation (EC) No 479/2008  This Regulation  
Article 27  Article 120c  
Article 28  Article 120d  
Article 29  Article 120e  
Article 30  Article 120f  
Article 31  Article 120g  
Article 32  Article 121 third and fourth paragraphs  
Article 33  Article 118a  
Article 34  Article 118b  
Article 35  Article 118c  
Article 36  Article 118d  
Article 37  Article 118e  
Article 38  Article 118f  
Article 39  Article 118g  
Article 40  Article 118h  
Article 41  Article 118i  
Article 42  Article 118j  
Article 43  Article 118k  
Article 44  Article 118l  
Article 45  Article 118m  
Article 46  Article 118n  
Article 47  Article 118o  
Article 48  Article 118p  
Article 49  Article 118q  
Article 50  Article 118r  
Article 51  Article 118s  
Article 52  Article 121 first paragraph point (k) 
Article 53  Article 118t  
Article 54  Article 118u  
Article 55  Article 118v  
Article 56  Article 121 first paragraph point (l) 
Article 57  Article 118w  
Article 58  Article 118x  
Article 59  Article 118yEN 17.6.2009 Official Journal of the European Union L 154/53
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        - 55 -Regulation (EC) No 479/2008  This Regulation  
Article 60  Article 118z  
Article 61  Article 118za  
Article 62  Article 118zb  
Article 63  Article 121 first paragraph point (m) 
Article 64(1)(a), (b) and (c)(i) to (iv)  Article 122 second paragraph  
Article 64(1)(c)(v) to (viii)  Article 122 third paragraph  
Article 64(1)(d)  Article 122 third paragraph  
Article 64(1)(e)  Article 125o(1)(a)  
Article 64(2)  Article 125o(2)  
Article 65(1)(a), (b) and (c)  Article 123(3)  
Article 65(1)(d)  Article 125o(1)(b)  
Article 65(2)  Article 125o(2) second subparagraph  
Article 66(1)  —  
Article 66(2)  Article 125o(3)  
Article 67  Article 113c(1) and (2) 
Article 68  Article 125o(3)  
Article 69  Articles 113c(3) and 125o(3)  
Article 70(1)  Article 135  
Article 70(2)  Article 128  
Article 71  Article 129  
Article 72  Articles 130 and 161  
Article 73  Articles 131 and 161(2)  
Article 74  Articles 132 and 161(2)  
Article 75  Articles 133 and 161(2)  
Article 76  Article 133a  
Article 77  Articles 134 and 170  
Article 78  Article 159  
Article 79  Article 141(1) first subparagraph  
Article 80  Articles 160 and 174  
Article 81  Article 143  
Article 82  Article 158a  
Article 83  Article 144  
Article 84(a)  Article 158a(4)EN L 154/54 Official Journal of the European Union 17.6.2009
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        - 56 -Regulation (EC) No 479/2008  This Regulation  
Article 84(b) and (c)  Article 148(a) and (b) 
Article 85(1) to (3) and (5)  Article 85a 
Article 85(4)  Article 188a(1)  
Article 86(1) to (4) and (6)  Article 85b  
Article 86(5)  Article 188a(2)  
Article 87  Article 85c 
Article 88  Article 85d  
Article 89  Article 85e 
Article 90  Article 85g  
Article 91  Article 85h  
Article 92  Article 85i 
Article 93  Article 85j 
Article 94  Article 85k  
Article 95  Article 85l 
Article 96  Article 85m  
Article 97  Article 85n  
Article 98  Article 85p  
Article 99  Article 85o  
Article 100  Article 85q  
Article 101  Article 85r 
Article 102(1) to (4) and (5) first subparagraph  Article 85s  
Article 102(5) second subparagraph and (6)  Article 188a(3)  
Article 103  Article 85t 
Article 104(1) to (7) and (9)  Article 85u  
Article 104(8)  Article 188a(4)  
Article 105  Article 85v  
Article 106  Article 85w  
Article 107  Article 85x  
Article 108  Article 185a(1) and (2) 
Article 109  Article 185a(3)  
Article 110  Article 185a(4) second subparagraph  
Article 111  Article 185b  
Article 112  Article 185cEN 17.6.2009 Official Journal of the European Union L 154/55
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        - 57 -Regulation (EC) No 479/2008  This Regulation  
Article 113(1)  Article 195(2)  
Article 113(2)  Article 195(3) and (4) 
Article 114  Article 190  
Article 115  Article 192  
Article 116  Article 194 fourth and fifth paragraphs  
Article 117(a)  Article 194 third paragraph  
Article 117(b) to (e)  Article 194 first paragraph  
Article 118  Article 185d  
Article 119  Article 182a(1) to (5) 
Article 120  Article 184 point (8) 
Article 121(a), (b) and (c)  Article 185a(4) first subparagraph and Article 194 third 
paragraph  
Article 121(d) and (e)  Article 185b(4)  
Article 121(f)  Article 185c(3)  
Article 121(g)  Article 182a(6)  
Article 122 to 125  —  
Article 126(a)  Article 203b  
Article 126(b)  Article 191  
Article 127(1)  Article 180 first paragraph  
Article 127(2)  Article 180 second paragraph  
Article 129(3)  Article 85f’EN L 154/56 Official Journal of the European Union 17.6.2009
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        - 58 -