EN    EN EN 
Doc. H.3/2010/157707 
(09/11/2011)  
  
EN 1   EN  EUROPEAN COMMISSION  
Brussels, xxx 
C(2010) yyy final  
  
Draft 
COMMISSION IMPLEMENTING REGULATION (EU) No …/.. 
of […] 
amending Regulation (EC) No 889/2008  
laying down detailed rules fo r the implementation of  
Council Regulation (EC) No 834/2007,  
as regards detailed rules on organic wine  
EN 2   EN Draft 
COMMISSION IMPLEMENTING REGULATION (EU) No …/.. 
of  
amending Regulation (EC) No 889/2008 l aying down detailed rules for the 
implementation of Council Regulation (EC)  No 834/2007, as regards detailed rules on 
organic wine 
THE EUROPEAN COMMISSION, 
Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (E C) No 834/2007 of 28 June 2007 on organic 
production and labelling of or ganic products and repealin g Regulation (EEC) No 2092/91
1, 
and in particular the second subparagraph of Arti cle 19(3), Articles 21(2 ), 22(1), 38(a), and 
Article 40 thereof, 
Whereas: (1)  Regulation (EC) No 834/2007 and in partic ular Chapter 4 of Title III thereof lays 
down basic requirements with regard to orga nic production of processed food. The detailed 
rules for the implementation of those basi c requirements have been established by 
Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules 
for the implementation of Council Regulation (EC) No 834/2007 on organic production and 
labelling of organic products  with regard to organic pr oduction, labelling and control
2. 
(2)  Specific provisions for the production of  organic wine should be laid down in 
Regulation (EC) No 889/2008. Thos e provisions should apply to the products of the wine 
sector as referred to in Council Regul ation (EC) No 1234/2007 of 22 October 2007 
establishing a common organisa tion of agricultural markets a nd on specific provisions for 
certain agricultural products (Single CMO Regulation)3.  
(3)  The processing of organic wine requires the use of certain produc ts and substances as 
additives or processing aids under well-defined  conditions. For that purpose and on the basis 
of recommendations of the Union-wide study on "Organic viticulture and wine-making: 
development of environment and consumer frie ndly technologies for organic wine quality 
improvement and scientifically based legislative framework" (also known as "ORWINE")4 the 
                                                 
1 OJ L 189, 20.7.2007, p. 1. 
2 OJ L 250, 18.9.2008, p.1. 
3 OJ L 299,16.11.2007 p.1  
4 http://www.orwine.org/de fault.asp?scheda=263  
EN 3   EN use of such products and substances should be allowed in accordance with Article 21 of 
Regulation (EC) No 834/2007.  
(4)  Certain products and substances, which are used as additives and processing aids for 
oenological practices under Commission Regulation (EC) No 606/2009 of 10 July 2009 
laying down certain de tailed rules for implementing Counc il Regulation (EC) No 479/2008 as 
regards the categories of grapevine products , oenological practices and the applicable 
restrictions5, are derived from raw materials of ag ricultural origin. In such case the raw 
materials may be available on the market in  organic form. In order to encourage the 
development of their demand on the market, pr eference should be gi ven to the use of 
additives and processing ai ds derived from organically farmed raw materials. 
(5)  Practices and techniques for the producti on of wine are establis hed on the level of the 
Union in Regulation (EC) No 1234/2007 and its  implementing rules as laid down  in 
Regulation (EC) No 606/2009 a nd in Commission Regulation (EC) No 607/2009 of 14 July 
2009 laying down certain detailed rules for th e implementation of C ouncil Regulation (EC) 
No 479/2008 as regards protected  designations of origin a nd geographical indications, 
traditional terms, labelling and presen tation of certain wine sector products6. Using those 
practices and techniques in organic wine-maki ng may not be in line with the objectives and 
principles fixed in Regulation (EC) No 834/2007, a nd in particular with the specific principles 
applicable to the processing of  organic food, mentioned at Artic le 6 of Regulation (EC) No 
834/2007. Therefore specific restrictions and limitations should be set up for certain 
oenological practices and processes.  
(6)  Certain other practices wh ich are widely used in food pr ocessing are also available for 
wine-making and may also have some effect on cer tain essential characteristics of the organic 
products and hence on their true nature, but at present no alternative techniques are available 
to replace them. This applies to heat treatment s, filtration, reverse osmosis and the use of ion 
exchange resins. As a consequence those prac tices should be available to organic wine-
makers, but their use should be re stricted. A possibility for re-exa mination of heat treatment,  
ion exchange resins and reverse osmosi s should be foreseen in due time.  
(7)  Oenological practices and processes whic h might be misleading regarding the true 
nature of the organic products should be excluded in the making of organic wine. This applies 
to the concentration by cooli ng, the dealcoholisation, the el imination of sulphur dioxide by 
physical process, electro-dialy ses and the use of cation exch angers as those oenological 
practices do significantly modify the composition of the product to the point that they may be 
misleading as to the true nature of organic wine. For the same purposes, use or addition of 
certain substances might be also misleading regard ing the true nature of the organic wine. It is 
therefore appropriate to lay down that such substances should not be used or added under the 
organic oenological practices  and treatment processing.  
(8)     Regarding more specifically sulphite s, the results of the ORWINE study have shown 
that a reduction in the level of sulphur dioxides in wines made from organic grapes is already 
achieved by organic producers of  wine in the Union, as comp ared to the maximum sulphur 
dioxide content which is authorised for non-organi c wines. Therefore it is appropriate to fix a 
                                                 
5 OJ L 193, 24.7.2009, p. 1. 
6 OJ L 193, 24.7.2009, p. 60.  
EN 4   EN maximum sulphur content specific to organic wines, which should be lower than the level 
authorised in non-organic wines. The necessary  quantities of sulphur dioxide depend on the 
various categories of wines and also on certain in trinsic characteristics of the wine, notably its 
content in sugar,  which should be consider ed when laying down the maximum levels of 
sulphur dioxides content specific to organic wi nes. However, extreme weather conditions may 
provoke difficulties in certain wine-growing areas which make it necessary to use supplementary amounts of sulphites in the preparation of wine to achieve stability of the final 
product of that year. It should therefore be allowed to increas e the maximum sulphur dioxide 
content when such conditions are met.  
(9) Wine is a product with a long shelf-life and some wines are stored traditionally for several 
years in barrels or tanks before being placed on the market. Under the conditions of Council 
Regulation (EEC) No 2092/91 of  24 June 1991 on organic producti on of agricultu ral products 
and indications referring thereto on  agricultural produc ts and foodstuffs
7 and for a limited 
period in accordance with Re gulation (EC) No 889/2008, the marketing of such wines by 
maintaining the labelling requirements under that Regulation should be allowed until stocks are exhausted.  
(10)   Some of the stored wines were al ready produced by a wine-making process which 
already complies with the rules on the produc tion of organic wine provided for by this 
Regulation. Where this can be proven, the us e of the Community organic production logo as 
referred to in Article 25(1 ) of Regulation (EC) No 834/ 2007, called from 1 July 2010 the 
"Organic logo of the EU", should be authorised, to allow for fair comparison and competition between organic wines produced before and after the entry into force of this Regulation. If 
this is not the case, the wine should be labe lled exclusively as “wine made from organic 
grapes”, without bearing the Organic logo of th e EU, provided that the wine is produced in 
accordance with Regulation (EEC) No 2092/91 and Regulation (EC) No 889/2008 before its 
amendment by this Regulation. 
(11)  Regulation (EC) No 889/2008 shoul d therefore be amended accordingly. 
(12)    The measures provided for in this Regulation are in accordance with the opinion of the 
regulatory Committee on organic production, 
HAS ADOPTED THIS REGULATION: 
Article 1  
Regulation (EC) No 889/2008 is amended as follows: 
(1) Title II is amended as follows: 
(a) in Article 27(1), the introductory  phrase is replaced by the following: 
"For the purposes of Article 19(2)(b ) of Regulation (EC) No 834/2007, only the 
following substances can be used in th e processing of organic food, with the 
                                                
 
7 OJ L 198, 22.7.1991, p. 1. Regulation (EEC) No 2092/91 has been repealed and replaced by Regulation 
(EC) No 834/2007 as from 1 January 2009.  
EN 5   EN exception of products of the wine sector, fo r which the provisions of Chapter 3a shall 
apply:" 
(b) a new Chapter 3a is inserted:  
"CHAPTER 3a 
Specific rules for the making of wine 
Article 29b 
Scope 
1. This Chapter lays down specific ru les for the organic production of the 
products of the wine sect or as referred to in Ar ticle 1(1)(l) of Council 
Regulation (EC) No 1234/2007*.  
2. Commission Regulations (EC) No  606/2009** and (EC) No 607/2009*** shall 
apply, save as explicitly provide d otherwise in this Chapter. 
Article 29c 
Use of certain products and substances  
1. For the purposes of Article 19(2)(a) of Regulation (EC) No 834/2007, products 
of the wine sector shall be pr oduced from organic raw material. 
2. For the purposes of Article 19(2)(b ) of Regulation (EC) No 834/2007, only 
products and substances list ed in Annex VIIIa to this  Regulation can be used 
for the making of products of the wine  sector, including during the processes 
and oenological practices, subject to the conditions and restri ctions laid down 
in Regulation (EC) No 1234/2007 and Regulation (EC) No 606/2009 and in particular in Annex IA to that Regulation.  
3. Products and substances listed in Annex VIIIa to this Regulation and marked 
with an asterisk, derived from organic ra w material, shall be used if available. 
  
EN 6   EN Article 29d 
Oenological practices and restrictions 
1. Without prejudice to Article 29c and to specific prohibition s and restrictions 
provided for in paragraphs 2 to 5 of this Article, only oe nological practices, 
processes and treatments, including the re strictions provided for in Article 120c 
and 120d of Regulation (EC) No 1234/2007 an d in Articles 3, 5 to 9 and 11 to 
14 of Regulation (EC) No 606/2009 and in their Annexes, used before 1 
August 2010 are permitted.  
2. The use of the following oenological practices, processes and treatments is 
prohibited:  
(a) partial concentration through cooling according to point (c) of Section B.1 
of Annex XVa to Regulation (EC) No 1234/2007; 
(b) elimination of sulphur dioxide by physic al processes according to point 8 of 
Annex I A to Regulation (EC) No 606/2009; 
(c) electrodialysis treatment to ensure the tartaric stabilisation of the wine 
according to point 36 of Annex I A to Regulation (EC) No 606/2009; 
(d) partial dealcoholisation of wine according to point 40 of Annex I A to 
Regulation (EC) No 606/2009;  
(e) treatment with cation exchangers to en sure the tartaric stabilisation of the 
wine according to point 43 of A nnex I A to Regulation (EC) No 
606/2009. 
3. The use of the following oenological practices, processes and treatments is 
permitted under the following conditions:  
(a) for heat treatments according to poin t 2 of Annex IA to Regulation (EC) No 
606/2009, the temperature shall not  exceed [65°C] [70 ° C]; 
(b) for centrifuging and filtration with or without an inert filtering agent 
according to point 3 of Annex IA to Regulation (EC) No 606/2009, the 
size of the pores shall be not smaller than 0.2 micrometer. 
4. The use of the following oenological practices, processes and treatments shall 
be re-examined by the Commission before   1 August 2015 with a view to phase 
out or to further restrict those practices: 
(a) heat treatments as referred to in point 2 of Annex I A to Regulation (EC) 
No 606/2009; 
(b) use of ion exchange resins as refe rred to in point 20  of Annex I A to 
Regulation (EC) No 606/2009;  
EN 7   EN (c) reverse osmosis according to point (b) of Section B.1 of Annex XVa to 
Regulation (EC) No 1234/2007. 
5. Any amendment introduced after 1 August 2010, as regards the oenological 
practice, processes and treatments provided for in Regulation (EC) No 
1234/2007 or Regulation (EC) No 606/2009, ma y be applicable in the organic 
production of wine only after the adopti on of the measures necessary for the 
implementation of the production rules provided for in Article 19(3) of Regulation (EC) No 834/2007 and, if re quired, an evaluation process according 
to Article 21 of that Regulation. 
* OJ L 299, 16.11.2007, p. 1 ** OJ L 193, 24.7.2009, p. 1. *** OJ L 193, 24.7.2009, p. 60."  
(c) Article 47 is amended as follows: 
(i)  in the first paragraph,  the following point is added : 
"(e)  the use of sulphur dioxide up to  the maximum content to be fixed in 
accordance with the Annex I B to Regulation (EC) No 606/2009 if the exceptional climatic conditions of a given harvest year deteriorate the sanitary 
status of organic grapes in a specif ic geographical area because of severe 
bacterial attacks or funga l attacks, which oblige the winemaker to use more 
sulphur dioxide than in previous year s to obtain a comparable final product. "  
(ii)  the second paragraph is  replaced by the following: 
"Upon approval by the competent authority, the individual operators shall keep 
documentary evidence of the use of the above exceptions. Member States shall 
inform each other and th e Commission on the exceptions they have granted 
under point (c) and (e) of the first paragraph."  
(2)  Title V is amended as follows: 
(a)  In Article 94 (1), the following point is added: 
"(d) within 1 month from their appr oval , the exceptions granted by the 
Member States under point (c) and (e) of the first paragraph of Article 47."  
(b)  Article 95, paragraph 10a is  replaced by the following:  
"10a.  As regards wine, the transitional peri od referred to in paragraph 8 shall expire 
on 31 July 2012. 
Stocks of wines produced until 31 Ju ly 2012 in accordance with either 
Regulation (EEC) No 2092/91 or Regul ation (EC) No 834/2007 may continue 
to be brought on the market until stoc ks are exhausted, and subject to the 
following labelling requirements:  
EN 8   EN (a) the Community organic production l ogo as referred to in Article 25(1) 
of Regulation (EC) No 834/2007, called from 1 July 2010 the "Organic logo of the EU" may be used provided that th e wine-making process complies with 
Chapter 3a of Title II of this Regulation;  
(b) operators using "Organic logo of th e EU" shall keep recorded evidence, 
for a period of at least 5 years after they placed on the market that wine 
obtained from organic grapes, includi ng of the corresponding quantities of 
wine in litres, per wine  category and per year; 
(c) where the evidence referred to in point (b) of this paragraph is not 
available, such wine may be labelled as "wine made from  organic grapes", 
provided that it complies with the requir ements of this Re gulation except those 
provided for in Chapter 3a of Title II thereof; 
(d) wine labelled as "wine made fr om organic grapes" cannot bear the 
"Organic logo of the EU". 
 (3) A new Annex VIIIa is inserted, the text of which is set out in the Annex to this 
Regulation. 
Article 2 
This Regulation shall enter into force on the third day following that of its publication in the 
Official Journal of the European Union . 
It shall apply from 1 August 2012. 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels, […] 
 For the Commission 
 The President  
EN 9   EN ANNEX  
"Annex VIIIa 
Products and substances authorised for use or addition in orga nic products of the wine sector  referred to in Article 29c. 
Type of treatment in accordance 
with Annex I A  to Regulation 
(EC) No 606/2009 Name of products or substances Specific conditions, restrictions  
within the limits and conditions set out in Regula tion (EC) No 1234/2007 and Regulation (EC) No 
606/2009 
Point 1: Use for aeration or oxygenation - Gaseous oxygen  
Point 3: Centrifuging and 
filtration  - Perlite 
- Cellulose 
- Diatomeceous earth Use only as an inert filtering agent 
Point 4: Use in order to create an 
inert atmosphere and to handle 
the product shielded from the air - Nitrogen 
- Carbon dioxide 
- Argon  
Points 5, 15 and 21: Use - Yeasts*  
Point 6: Use - Di-ammonium phosphate 
- Thiamine hydrochloride  
Point 7: Use   - Sulphur dioxide, 
- Potassium bisulphite or potassium 
metabisulphite "(a) The maximum sulphur dioxide content shall not exceed 100 milligrams per litre for red wines  as 
referred to in Point 1(a) of Part A of Annex I.B to Regulation (EC) No 606/2009 and with a residual 
sugar level lower than 2 grammes per litre ,  
 
(b) The maximum sulphur dioxide content shall not exceed 150 milligrams per litre for white and rosé  
wines  as referred to in Point 1(b) of Part A of Annex I.B to Regulation (EC) No 606/2009 and with a 
residual sugar level lower than 2 grammes per litre  
 
(d) For all other wines, the maximum sulphur dioxide content fixed in Annex I.B of Regulation (EC) No 
606/2009, shall be reduced by 30 milligrams per litre.  
 
 
Point 9: Use  - Charcoal for oenological use  
Point 10:  Clarification  - Edible gelatine* 
- Plant proteins from wheat or peas*   
EN 10   EN - Isinglass* 
- Egg white albumin* 
- Tannins* 
 - Casein 
- Potassium caseinate 
- Silicon dioxide 
- Bentonite - Pectolytic enzymes   
Point 12: Use for acidification 
purposes  - Lactic acid 
- L(+)Tartaric acid  
Point 13: Use for deacidification 
purposes - L(+)Tartaric acid 
- Calcium carbonate 
- Neutral Potassium tartrate 
- Potassium bicarbonate   
Point 14: Addition  - Aleppo pine resin  
Point 17: Use  - Lactic bacteria  
Point 19: Addition - L-Ascorbic acid  
Point 22: Use for bubbling  - Nitrogen  
Point 23: Addition - Carbon dioxide  
Point 24: Addition for wine 
stabilisation purposes - Citric acid  
Point 25: Addition  - Tannins*  
Point 27: Addition  - Meta-tartaric acid  
Point 28: Use - Acacia gum* (= gum arabic)  
Point 30: Use  - Potassium bitartrate  
Point 31: Use  - Cupric citrate   
Point 31: Use  - Copper sulphate  authorised until 31 July 2015 
Point 38: Use - Oak chips  
Point 39: Use  - Potassium alginate  
Type of treatment in accordance 
with Annex III, point A. 2(b) to 
Regulation (EC) No 606/2009  - Calcium sulphate Only for "vino generoso" or "vino generoso de licor" 
 
 
*) derived from organic raw material if available  
" 
EN 11   EN